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~79-- '~~2Fi$~ <br />Lender's written agrezment or applicable law. Borrower shall par the amount of alt mortgage insurance premiums in the <br />manner ptcrv'rded under paragraph 2 hereof. <br />Any amounts distnrracd by Lender pursuant to this paragraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agrce to other terms of payment, such <br />amounts sfiall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payabk from time to time on outstanding principal under the Note unless payment of <br />interat at such rate would be contrary to applicable taw, iri which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this pazagraph 7 shalt require Lender to incur any expellee or take <br />any action hereunder. <br />g. Inspetl3on. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt give Borzower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />Q. Condemnatlan. The proceeds of any award or claim for damages, direct or eonsequentiat, in connection with any <br />condemnation or other taking of the Property, or part thereof, or 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 sash proportion of the proceeds <br />as rs equal to that proportion which the amount of the sums secured by this Mortgage immediately print to the date of <br />taking bears to the fair mazket value of the Property immediately prior to the date of taking, with the balance of the procceds <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 damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mated, Lender is authori~d to collect and apply the proceeds, at L.endei 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 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 />I(i. Borrower Not Released. Extension of the timz 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 comtnence <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 Borrowers successors in interest. <br />]1. Forbearance :.} Lzraler Not a Waiter. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalom '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 ar 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. Remedks CamalaHve. Ali 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 or successively. <br />13. Successors sad Assigns Boood; Joint and Several f.iabBity; Captious. 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 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notitt. 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 shalt 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 by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in tfiis <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Unifwm Mortgage; Governing Law; Severobility. This form of mortgage combines uniform covenants for national <br />use and non-uniform covtnants with limited variations by jurisdiction to constitute a uniform security instrument wvering <br />real property. This Mortgage shall be governed by the law 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 affeM <br />other provisions of this Mortgage or 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 />lei. 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 reeardafion hereof. <br />17. Transfer of the Property; ArotrmpHon. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate 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 fd) the grant of any leasehold interest of throe years or less <br />sot containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately dve and payable. Lender shall have waived such option to aceelerate 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 Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall tegtrest. If Lender bas waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />iatetest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. 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 dalared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Leader may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Note-Urrtroast Covatverr~rs. Borrower and Lender further covenant and agree as follows: <br />tti. Ateeieration; Remedkw Ezcepi as provided in paragraph I7 hereof, upon Borrower's breath of any covenant ar <br />agreaatieat of borrower is this Morlgttee, ieclediag the covenants to pay when doe any some secured 6y thb Mortgage, <br />I.eada~ prior !o acceleration shall malt aotke fo Borrower ~ provided iu paragraph 14 hereof specifyiug: (1) the breach; <br />(2) the acUoa regrdred to ewe each breuh; (3) a date, sot lees than 30 days from the date the aotite is mailed to Borroweq <br />~' whkb each btetteb stroll-Ire tared; sad (4) that faBure to cure such breach oa or before the date sped®td iu the suttee <br />mry r'esolt la accekratlon of the sums seemed by this Mortgage, foreclosure by juditlat proceedlag and sale of the Property. <br />The suttee dadl 13trtherbrfoRnr Borrower of the right to reinstate after seceleratbrt and the right to assert in the foreclosure <br />psoceadbtg the norrexfsteaee of a de[aalt or any other defense of Borrower to acceleration and forettasnre. If the breach <br />is rot tared on or before the die specified hr the notice, lender at Leader's option may declare all of the stems secured by <br />this Mbr~ge to be immediately doe a~ payable without further demand and may foreclose by jndiclal proceeding. lender <br />eh~ 6e ea~led to collect is each proceeding ~ expet>see of foreclosure, irtclnding, but not limited to, costs of dotoroeutary <br />evidence, arts asd tUk reporEs. <br />14. Eorrower's Right to ReFmhte. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any prxeedings begun by Lender to enforce this Mortgage discontinned at any time <br />*' . ~ <br />