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<br />79-- t1U2~~g <br />Lender's written agreement or applicabk law. Borrower shall pay iht: amoura of all mortgage insurance premiums in xhe <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with intere3Y thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Gender agree to other terms of payment, stub <br />amounts shall be payable upon notice from Lender to Borsower requesting paymem thereof, and shall bear interest frosts the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless paysrurtt of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permiau'ble under appiicabk law. Nothing ctntained in Lhis paragraph 7 shall require Lender to incur any experoe ar take <br />any salon hereunder. <br />8. insQection• Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coudemsntioa. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, ur for conveyance in lieu of condemnation. are hereby assigned <br />and shall be paid to Lender. <br />in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. in the event of a partial taking of the Property. unless Borrower and Lender <br />otherwise agree 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 immediately prior to the 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 offers to make <br />an award or settle a claim for damage, 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, at 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 to principal shalt not extend <br />or postpone the due date of the monthly installments referred io in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not 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 shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not 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 by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />ll. For6earauee by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Camolafive. All remedies provided in this Mortgage are distinct and cumulative to any other right ar <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph -7 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the pazagaphs of this Mortgage are for convenience only and are not to be used to <br />interpret or defile the provisions hereof. <br />I4. Notice. Except for any 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 notice to Lender shall be given 6y certified mail, remm receipt requested. to Lenders address elated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed to have ban given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mor~age; Goverai~ i~w; SevenbBity. This form of mortgage combines uniform covenants for national <br />ux and nno-uniform covenants with limited variations by jurisdiction to constitute a uniform saurity instrument rnvering <br />real property. This Mortgage shall be governed by the taw of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />outer previsions of this Mortgage or rho Note which car. be given effect without the conflicting provisiott, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrower's 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 />IT. Transfer o[ the Property; Aaumpdon. If all or any part of the Property or an interest therein is sold or transfernd <br />by Borrower without Lender's prior written consent, excluding {a) the creation of a lien or encumbaitce subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest far 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 lea~hold lateral of throe years 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 perwn to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable un the sums secured by this Mortgage shall be at sues rate as Lender <br />shalt request. tf Lender has waived the option to accelerate provided in this paragraph 17, sad if Borrower's successortn <br />interest has executed a written assumption agrament accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />if Lender ezereises such option to acelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiation of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted 6y paragraph 18 hereof. <br />Nox-Uxtroar t Covt:xetv~rs. Borrower and Lender further covenant and ages as follows: <br />1g. Acederatloa; Romedks, Except as provided la pangrapls 17 hereof, apon BorrowePs breach of any aroveaaat or <br />agreement of Harrower io this Mortgage, Including the covenants to pay when due say sums secured by thb Mortgage, <br />f.~der prior to tccdeeadon t:baB mall notice to Borrower as provided in paragnph 14 hereof specifyhrg: (1) the breach; <br />(2) the asetlon rcgareed to cure stm6 breach; f3) t date, not kas than- 30 daps from the date the entice ~ maikd to Horroweq <br />by c-hich loch breach-must be cared; and (4) that tailurc to erere such breach on or before the date specified is the notke <br />mad resell io aeedaratien of the earns seeared by this Mar~age, foreclosnrc by judicial proceeding and sale of the Property. <br />The entice shag fartiser irdorao Borrower of rho right to reimtaie after accekradon and the right to assert in the toreclosurc <br />pmceedbg the tsoa-ezisteace of a default o~ auy-other debase of Borrower to accdenHon sad foreclosure. If tqs breach <br />fe ^ot cared oa or bdoite the dNe speciged iu the aotke, Lruder at Leer's option may ~clare aB of the sums secured by <br />thir Moortgage to be i®rediatdiy dru and. pwyabie without farther derii sad sued may foseelasa by ~dicial proceeding. Lender <br />s6rtU 6e enfLhd to collect In such proceEdiag sdl ezpenses of forecbsnrc, inciusUag, baf not limked to, costs of documentary <br />avids~aee, a6~raets sad tNle reports. <br />7$. Borrower's )RIg6t to Rate. .dotwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by tender to enforce this Mortgage discontinued at any time <br />