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<br />79- ~;'Il~~~;w~ <br />Tzader"s written agreement a€ applicable law. Borrower shah pay size amauot of adl rnangage 6rzsurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon, shat! became additional <br />indebtedness of Borrower secured by this Mortgage. Unless $orrower 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 contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />Irrmiss4hle ender appLcable law. Nnthivg rnntaine~! in this aaragraph 7 shad require T.ent~r ro incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make ar cause to lc made reasonable entries upon and inspections of the Progeny, 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. Condemnation. The proceeds of any award or claim for damaees. direct cr consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for convenznce in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any. paid to Borrower. Tn 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 io 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 prier 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 damages, Borrower fails to respond to Lender within 3Q days after the date such natice 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 b}' [his 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 />10. Borrower Not Rdeased. Extension of the time for payment or modificaeion cf amortization of the sums secured <br />by this Mortgage granted by fender rn env cuccesmr in interest of Rnrrower shall not operate m release, m 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 />11. Forbearance ley Lender Not a R'aiver. Any forbearance by Lender in exercising any right er 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 bens 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 Camalative. 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 or successively. <br />13. Successors and Assns bound; Join! 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 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law m be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given b}' mailing such notice by certified mail addressed to Borrower at <br />the Properly Address or at such other address as Borrower may designate by nonce to Lender as provided herein, and <br />(b) any notice to Lender shall be given by certified mail, return receipt requested. to Lenders address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. .4ny notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or i.cnder when gwen in the manner designated herein. <br />15. Uniform Mortgage: Governing Law; SeverabBity. This form of mortgage combines uniform covenants far national <br />use and nan-uniform covensnts with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shalt be governed 6y the !aw of the jurisdiction in which the Property is bated. In the <br />event that any provision or clause of this Mortgage oe the Nntc conflicts with applicable law, such conflict shall not artcct <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 Nore are declared to be severable. <br />16. Borrower's Copy. Borrower shalt be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />77. Transfer of the Property; Assumption. Tf 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 encumbranw 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 ]aw upon the death of a joint tenon[ or {d) the grant of any leasehold interest of threr 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 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 he at such rate as Lender <br />shall request. If Lender has waived the option [o accelerate provided in this paragraph I7, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shzll release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shalt 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 mcy pay the sums declared due. if Borrower fails ro pay such sums prior tc the expiration of such period, <br />Lender may, without further notice or demand nn Burrower, invoke any remedies permitted by paragraph ifi hereof. <br />Nan•UtvtFaa[.t COYENANT5. Borrower and Lender further covenant and agree as fellows: <br />18. Acceleration; Remedies. Except as prorided in paragahph 17 hereof, upon Borrower's breach of nay covenant or <br />agreement of Borrower in this Mortgage, iacladirrg the covenants to pay when due any sums secured by this Morgptge, <br />Leader prier to aceekratbn shag mail aotke to Borrower as provided fe paragraph 14 hereof specifying: (1) the breach; <br />(2) the actbn required to eurc such breach; (3) :date, not kae than 30 days from the date the notice ~ mailed to Borrower, <br />by which snob breach mttst be cured; sad (4) thN fa8nre to enrc such breach on or before the date specified in the entice <br />may resnk in aeealeratioo of the sn~ secured by the Mortgage, foreclosure 6y judicial proceeding and ssk of the Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceedi~ the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. !f the breach <br />h not enrol on or be[orc the date specU7ed in the rte-}se, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to be Immediatdy due and payable without further demand and may foreclose by judicial proceedi~. Louder <br />shall be entHled So rnllect fn such proceedtng al! expeasea of foreclosure, ine!ndlrtg, but rso! limited to, costs of documentary <br />evidence, abstracb and title rcporb. <br />19. Borrower's Right to Rdrotate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have soy p. xeedings begun by Lender to enforce this Mortgage discontinued at any time <br />