<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 />
|