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<br />Lender"s written agreement or applicahle law. Borrower shall pay tine amount of al! mortgage uuurance premiums in the <br />manner provided under paragraph 2 hertof. <br />Any amounts disbursed by Leader pursuant to this paragraph 7, with interest therm, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payabtt upon notice from Lender to Harrower requesting payment thereat, and shall bear imerert from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Notc unless paymatt 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 />permissible wader applicable law. Nothing contained in this pazagraph 7 shall require Lender to incur any expeme or take <br />a~ aMion hereunder. <br />8. inapectiov. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shill give Eaaower notice prior to any such inspection specifying reasooabte cause therefor related to lender's <br />interest in the Property. <br />4. Coademnatlon. 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, or for conveyance ir: 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 even[ 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 offer 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, at Lender's option, eithtr to restoration or repair of the <br />Property or to the sums secured by ih±s 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 t 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 modiry 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 />11. Forbearance by Lender Not a Waiver. Ary forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise.afforded by applicab]e 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 />righf.,to' accelerate the maturity of the indebtedness secured by this Mortgage. <br />14. Remedies Camalative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded 6y law or equity, and may be exercised concurrently, independently or successively. <br />13. Successors and Aslgts Bound; Joint amt Several i.iabr7Ny; 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 i7 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. Notice, Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borcower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address ar 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 this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />1S. Uniform Mostgage; Governing Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and non-unifarm covenants with limited variations by jurisdiction to rnnstitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is totaled- In the <br />teen[ that any provision or clause of this Mortgage or the Note conflicts with applicable taw, such conflict shall net affect <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 alt declared to be severable. <br />id. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the limo <br />of execution or after recordation hereof. <br />17. Trart~er of the Property; Assumption. 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 (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest far hauxhold 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 three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all rho sums ucured 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 Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lendu, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mat! Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not leas 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 expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by p:ragraph 18 hereof. <br />Now-UNIFORM Covttvertrs. Borrower and Lender further covenant and egret as follows: <br />18. Accekratbn; Remed&a. Except as prodded in paragraph 17 bereaf, t-p~ Borrower's btntacb of say covenant or <br />agreement. of Borrower ha tbM Mortgage, Ltclading the covenants to pay wizen due soy sums scented by tbfs Mortgage, <br />I.erWer prior to aecekralioa sba8 ma8 notce to Borrower as provided In paragraph 11 6ereot specifying: (1) the breach; <br />(Y) the:aMiea req~red to ~ each breach; (3) a date, not leas than 30 days from the drtte the nof<ce is mailed to Borrower, <br />by wbieq each bleach mast @e cared; sad (4) thh failure to care tech breach oa or before the dMe apeeitied la the Mice <br />may.eeseH ht accehttatioa of the wms secured by this Mortgage, forecMsttre by jadkial proc~eediag sad sale of the Property. <br />Tke notice ~t8 tmflrcr intorar Borrcower of the rlghf to telnstate-after ~ederaEbn amt the right to asstert in the foral~ure <br />the aoa~eleteece of a default or any other defense of Borrower to accekratlon amt forechreure. iF the beach <br />not crated oa or before Ute date epecffied lo- the notice, Leveler at Lenderb option may declare all of the sums secured by <br />thk Mortgage to be immed~tdy doe and prya6k without farther demand sod may foreclose by judicial proceeding. Lender <br />ttTtall Ile eatltkd to collect ~ each proceeding aH expenses of foreclosure, isrclndbrg, but ~t Hmited to, calls of documentary <br />evidcsce, a6slracte and tkk reportr. <br />19. _)sortaweir-Right to Reftadate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall haul the tight io have ao,` proceedings begun by header to enforce this Mortgage discontinued at any time <br />