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<br />i' <br />Lender`s wr'srten agreement or applicable Taw. Borrower shall pay the amount of all mottga,ge insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lrnder agree to other terms of payment, such <br />amounts shall be payable upon notice from i.ender to Borrower requesting payment thereof. and shall bear intereit from the <br />date of disbursement at the rate payable from time to time on otrtstandmg 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 />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or lake <br />any action hereunder. <br />8. Impeetion. 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. Condemnation. The proceeds of any award or claim for dama¢es, dire: t or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation. are hereby assigrrrd <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 stems 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 Iznder <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 htor,gage immediately prior to the date of <br />taking bezrs 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 damages, Borrower fails to respond to tender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, ai 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 shall not extend <br />or postpone the due data of the monthly installments referred to 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 ar 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 />71. Forbearance by Lender Not a R'siver. 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 Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mongage or afforded by law or equity. and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liab7ity; 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 one}~ and are no[ to be used So <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 />(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 map 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 [.ender when given in the manner designated herein. <br />I5. Uniform Mortgage; Governing Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covrnants with limited variations by jurisdiction to constitute a uniform security instnrment 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 Mongage or the Note conflicts with applicable law, such conflict shall not 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 Notc are declared to tie 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 />17. Tra~fer of the Property; Asstrmp8on. 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 for 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 leasehold interest of three 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 be at such rate as Lender <br />shall request. If Lendee 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 Lender, Lender shall release Burrower 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 ld 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 expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 g hsteof. <br />Note-Urtr~aaM Covt:xexrs. Borrower and Lender further covenant and agree as follows: <br />18. Accehratloo; Reraedles. Except m provided in paragraph 17 hereof, upon Borrower's breach of eny covenant or <br />agreement of Borrower is this Mortgage, including the covenants to pay when due any sums secured by tSis Mortgage, <br />Lender prior to txeekraNon shah mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) tlce action regoixed to erne snch breach, (3) a date, not Teas than 30 days from the date the notice is mailed to Borrower, <br />by whk4 such breach mmt be cared; and (4) 16at failure to cure such breach oa or before the date specified in the mNce <br />may result in accelerotron of the wrrss secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />T&e notice shall further hsform Borrower of the right to reinstate otter acceleration and the right Po assert in the foreclosure <br />proeeedlrrg the non-eatlsteace o[ s delude or any other deferoe of Borrower to accek.atioa artd foreclosnre. H the breach <br />is not cured on or before the date specified in the notice, Lender at Leaders option may declare a6 of the sums secured by <br />this Mortgage to 6e immediately due wed payable without farther demand and may foreclose 6y judicial proceedi~. Lender <br />sbail be entitled to zollect Itt each proceeding ail expet~es of foreclosure, including, bat not Bmited to, ccsls of dacameotary <br />evidence, abstracb and NNe reports. <br />1!. Borrower°e Right to Reimtafe. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />