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<br />I.r~sdeu:`ir svf~ttn agreement or ap~Cable law. 13[trratttr salt pay iWc ~ of all rta^~tttgaga it~csoranet prtrniurrrr~ tin ;true <br />ter provided tfrsder paragraph 2 lierrmt. <br />Any smarms disbtensd by I.endrt pursuant ro this paragrapls 7. with iartrest thereon. shall bceame addiiiasal <br />i[ulelstedneas of Borrower secured by ibis Mortgagt. Unless Borower an[i Ltrsder agrce ixs otist3r Sums ~ paynten;. suds <br />amounts shall be payable upon notice froth Lender to Borrower rtgtrestirrg paymtat thereof, and shall bear interest from the <br />date of disbtrnanertt at tbe rate payable from tone to time ast 6trtstanda[k printi~l tinder the Note ttrrtess p:ytneat of <br />iMSrtat at sucb raft would be contrary to applicable law, in which tweat such arrtourtrs sba71 bear iafettst at the highest rate <br />permim[bk uttder applicable taw. Nahing contained in this paragraph 7 shaft require Lender w incur say txpettse ar tales <br />any sction hereunder. <br />tt. laspecdoe. Lender may make or ratrre to be made reasonable rntries upon artd inspections of tht Properly, pr! -stied <br />shat Linder shat{ give Borrower Waite prior to any such inspection specifying reasonable cause therefor related to '.alder's <br />interest is the Property. <br />~. Catadeatadioa. Tbe proceeds of any award or claim for damages, direct or consequential, in contxttion with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lira of condemnation. are fiercby assigned <br />and shall be paid to Lender. <br />In the event of a foal taking of the Property. the proceeds shall be applied to the stuns secured by this Mortgage. <br />with the excess, if any, paid to Borrower. In the event of a partial taking of rite Property, unless Borrower and Lender <br />otherwise agzce in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />` as is equal to that proportion which the amount of the sums secured by this Mortgage imrttediately prior to tbe date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offtm to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, ai Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds fo principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />18. Borrower Nat Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall na be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured 6y this Mortgage by reason of any demand made by the original Borrower and Borrower's successor in interest. <br />11. Forhatraaee by Lender Not a Wvlver. Any forbearance by Lender in exercising any right or rcm~y beretatder, or <br />- otherwise afforded by applicable law, shall not be a waiver of ar preclude the exercise of any such right or remedy. <br />The procurtmtent of insurance or the payment of taxes or other liens or charges by Lender shall tta be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by tfiis Mortgage. <br />12. RaaetBes Cemahdlve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently ar successively. <br />13. Sacceesors and Assigns Bound; Joint artd Several Lia6'Bty; Capsm~. The covenants and agreements herein <br />contained shall bind, and the rights bereunder shall inure to, the respective successors and assigns of Lander and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />Tbe captions and headings of the pazagraphs of this Mortgage are for convenience only and are not !o be used to <br />.interpret or deflrte the provisions hereof. <br />14. Notice. Except for eny notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any mice to Lender shall be given by certifred mail, return receipt requested, to Lender's address stated herein or to <br />such aher address as Lender may designate 3y notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Govertrhrg Law; Severa6Bity. This form of mortgage combines uniform covenants for national <br />ass and rron-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />t+cal property. "['his Mortgage shall be governed by the law of the jurisdiction in which the Propemr is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shad no[ afftxt <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />ii. Borrowtrras Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Tpaefer of the Property; Assnmptioo. If all or any part of the Property or an interest therein is sold or transferred <br />by Bortowtt without Lender's prior written consent, excluding (a) the creafioo of a Iitn cr encumbrance subordinaee to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of throe year or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lander and that the interest payable on the sums secured 6y this Mortgage shall be at such rate as Lender <br />shall regerest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's succesoor in <br />interat has executed a written assumption agreement acceptrd in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Nae. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower mitt of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the dale the notice is malted within <br />which Borrower may pay the sums deflated due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nort-U1~ttroxvr Covettetvis. Borrower and I..eader further covenant and agru as follows: <br />la. Aceekr~fop; Remtt~cs. B`scepi as provided in panrgraph 17 hereof, upon Borrowe>'s breach of any arovenant or <br />twat of ]Borrower fo this Mertg~e, brcludiog We covenants to pay when due any wra secured by this Mortgage, <br />Lasda prior to acceleration eke maB notice to Borrowtx ffi provided in paragraph lA hereof specifying: (t) the breach; <br />(2},die actlga to she each beach; (3) a dNe, rot leas than 30 days from fhe date the aoclee is mailed to Borrower, <br />by w>~i sack knack mast be erred; trod f4y War faBare to sere seeh breach oe ~ before the date apesifled in the notice <br />my nrsnk is tscetperadoa of the rasa eecored by tkk Aiortgtrge, foeeclosnre by jedlchd proceeding and sale of the Property. <br />Tke eotiee trbaH ltieWer hdatm IBorrowo? of tbs r1BM to reinstate after acceleration and the right to assert in We foreclosure <br />We sea-e~tace of a defa~t or soy other daftme of Borrower to accekrWioo and foreslosarc. If the breach <br />is eat cored ~ or 6efoa flee dots speeieed bl flee wotice, Leader at Leader's option may declare tdl of We str~ secured by <br />Ws Mortgage b tie Immedhtdy tine and payable! without Eertker demand trod may foreclose by jndkisl proceeding. Linder <br />elyB be eaWted to collect In sack dl expenses of forecbnrre, Itadatffitg, bnt sot Bmked to, costs of doeurnentary <br />fsvldeaee, abtt4ac~ find tllle reporh. <br />19. EortmwePs Rioter W RehrdNe. Natwitbsanding Leaders acceleration of the sums secured by this Mortgage, <br />Barrowtr shall bout rite tight to-have arty proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />