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f-- <br />7~-- t~i.1?~azig <br />Lender's wrinrn agreement or applicable law. Borrower shall pay tilt amount of all mortgage insurance premiums in the <br />manner provided unrur paragraph 2 hereof. <br />My amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless $onower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be rnntrary to applicable law, in which event such amounts shall bear interest at the highest raft <br />permisaibk under applicable law. Nothing contained in this paragraph ? shall require Lender to incur any expense or take <br />any action hereunder. <br />f. Impecthnnr. 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. Coademnatbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other faking 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 s 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 dart 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 I.cnder 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 />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 Batrower 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 />18. Borrower Not Released. £zttnsion 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 Borrowers successors in interest. <br />Il. Forbearance by Lender Not a Waived 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. Reredies Comntative. All remedies provided in this Mortgage are distinct and cumulative to any other right of <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. 5acctsaors and Assigns 13oaod; Joint and Several Liability; Captlons. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Hotrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt be joint and several. <br />The captions and headings of the paragraphs 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 />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 />tb) any notice to Lender shall be given by certified mail, return receipt regttested. to Lender's address stated herein or to <br />such other address as Ixnder 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 />15. UaHorm Mortgage; Governing Law; SeverabBity. This form of mortgage combines uniform rnvenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <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 taw, such conflict shalt not affect <br />other provisions of ibis Mortgage or the Notc 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 />16. Borrowers Capy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tune <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. if alt or any part of the Property or an interest therein is sold or transferred <br />lay Borrower without Lender's prior written consent, excluding (a) the citation of a Tien or encumbrahce subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devix, <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 wntaining 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 salt 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 rogue:. If Linder has waived the option to accelerate provided in this paragraph 17, and if Borrrower's successo: in <br />inteteat 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, Lander shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shalt provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declarer! due. if Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand „ r Borrower, invoke any remedies permitted by paragraph 1 S hereof. <br />NtaN-Uxit=ottta Covextrtrs. Borrower and Lender further covenant and agree as follows: <br />18. Acederatlsa; Remedies. Except ea provWed ~ pstegrsph 17 hereof, upon Borrower's breach of any rnveeant or <br />agreement of Borrower k this Mortgage, including the covenants to pay whoa ant any wins secured by thh Mortgage, <br />Leader prior to accetetetloa sball mail notice to Borrower as provided k paragraph 14 hereof specifying: (1) the Dreacb; <br />(2) the a+Nton regnbed to tors aacb 6reacb; (3) • date, sot kss than 3G days from the date the efltice is tna)kd to Borrower, <br />69 wtdeh srnc6 breach mad )K cared; and (4) that faBnre to cure anch breach on or before the date cpeei8ed in the ~tlce <br />~ r+eaatt is ~ of the seem secured by the Mortgage, foreclosure by judicial proceeding and sak of the Property. <br />The sotlee shall teethe= hdttrm Eorrower of the right to reimtate after accekratlon and the right to amen io the foreclosure <br />proceadleg the reon~e>tl~tace of • detardt or -any other defense of Borrower to acceleration and foreclosure. if the breath <br />is sot tined on or before the date speciged io the aottce, [.cinder at Leuder's option may declare all of the soma secured by <br />tltts Mortgage to be isaredLtely Jae sad payabk witlwet further demand sad may foreclose 6y judkial proceeding. Lender <br />shag be eafYkd to collect k tasc6 procebdhg all e:pemea of foreckrtnre, incladbrg, bet not Beaked to, costs of doenmeotany <br />erideaa, abdeack a~ title repMb. <br />19. Eorrower's RtgM to Reiaatatt. Notwithstanding Lender's acceleration of the sums secured by This Mortgage, <br />Borrower shalt have the right to have any proceedings begun by Linder to enforce this Mortgage discontinued at any time <br />