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79- ~(~2F43 <br />L.ender's written agreement or applicable law. Borrower shall pay the amount of alt mortgage insurance premiums in the <br />manner pt'ovidzd 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 [his Mortgage. Unless Borrower and Lender agree to other terms of }:ayment, such <br />amounts shalt be payable upon notice from Lender to Borrower requesting payment thereof, and shad bear interest from the <br />dafe of disbursement at the rate payable from time to time on outstanding principal under the Nate unless payment of <br />interest at stun rate would be contrary to applicable taw, 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 take <br />xny action hereunder. <br />8. itrspeetton. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Horrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coademnallrrn. 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 in lieu of condemnation. are hereby assigned <br />and shall be paid to Lender. <br />In rite event of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Harrower. in the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in wri€ing, 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 valor of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Harrower. <br />1f 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, Boaower faits 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 Borrower otherwise ogee in writing, any such application of proceeds to principal shall not exlend <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 />1Q. Borrower Not Released. Extension of the time for payment er modificatitm of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Banower shall not operate to release. in any manner. <br />the iiabiiity of the o~zginai °aorrtwcr and Bvrrawer's sucezsso~s in ifltcrest. Lender snail n- ixn .cquiicd Y - „~.,« <br />proccedings against such successor or refuse to exten3 time for payment nr 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. Forh~ce by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />odrrwise afforded 6y applicable taw, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The ptocuremtnt of insurance ar the payment of taxes or ether liens or charges by Lender shall not be a waiver of LcndePs <br />tight to accelerate th*_ tttaturity of the indebtedness secured by this Mortgage. <br />11 Reme~a Comn4tfve. All remedies provided in this ?vorgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or acuity. and may be exerrsed concurrently. independently or successively. <br />13. Snecemas and Assigns Bound; Io"ant and Several Caabiaity; Captions. The covenants and agreements herein <br />contained shall bind, and the rights heretnder shall inure to, the respective successors and assigns of Lender and Borrower. <br />subject [o the provisions of paragraph I7 hereof. Ail 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 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, (al any notice to <br />Borrower provided far 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 shalt 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 prodded herein. Arrv notice provided far in this <br />Mortgage shall be deemed to hate bcen given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Sevtrahdity. This form of mortgagz combines un3; ,.-~ covenants For national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a unifornt security instrument covering <br />real property. This Mortgage shalt 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 law, such conflict shall not affect <br />other provisions of this Mortgage or the Nose which can be given effect u~ithaut the conflicting provision, and to this <br />end the provisions of the Mortgage and rite Nate are declared to be severebia <br />lE. Berrovrer's Coin. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the tithe <br />of exectttiat or after recordati~ hereof. <br />17. Treader of the Proitrty; Assamptian. If elf or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lendei s prior written consent, excluding (al the creation of a lien or encumbrance subordinate to <br />this Mortgage, fb) the crracioit of a purchase money security interest for hausehoid appliance. (cl a transfer by devise, <br />descent ar by operation of ]aw upon rho death of a joint tenant or (d) the grant of any leasehold interest of three years or Tess <br />nett containing an option [a purchase, Lender may, at Lendei s option. declare all the sums secured by this Mortgage to be <br />itntaediatcly due and payable. Lender snail have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and tits 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 Linder and that the iaterect payable on the sums se+:ured by this Itfortgage snail be at such rate as Lender <br />shag tralttest_ If Lender has waived the option to accelerate provided in this paragraph 1', and if Borrower's successor in <br />interest has executed a written assumption agrrtttent accepted in writing by Lender, Lender shall release Borrower from all <br />ohdigations under tins Mortgage and the Note_ <br />If Lratder exerci~s etch option to accelerate, Lender shall marl Bo:rower halloo of acceleration in accordance with <br />paragraph l4 hereof. Sucit notice shalt provide a period of oat less than 30 days from the date the notice is marled within <br />witch Borrower may pay the sums dxiared tine. If Borrower fails io pay such sums prior to the expiration of stub period, <br />Leaekr tray, wiihaut further notice or deanatad on Borrower, invoke any remedies permitted by paragraph 1 g hereof. <br />Now-Uxtt~ttes Covtsxnxrs. Borrower and Lender further covenant and agree as follows: <br />IS. Aeeeicsatina; Aetsxdies. Bsteit m provided im iemlGnPh l1 hereof, uprsa Borrower's breach of nay covenant or <br />agsemmeet of Iiiorrower i skis flloetgage, i the rnveaants to lay whrn due any snow srxueed 6y this Morisege, <br />LtaNer ieior is ar eratiea shed tsoeH aotke to Berrowa as provided in paragraph 14 hereof specifying: fi) the breach; <br />~} the actlan req_.:ed to cure each bseaclx f3} a date, mi lees then 36 days from the dafe the notice is tootled W Lbrrower, <br />h3 which arch hvateh mnY 6e eared; earl t4) tMt fairer::o ewe such I>teac6 oa or before tLe date speci5ed in fire twtice <br />*~D' re~Y fa ~ of the sears secured by this Mortgages foreclmure by ladicid proceeding and sale of the Property. <br />Tit test3ca shad fWer Ideate Borrower of ibe right to rei!sstate tdkr acaderatbn and the tight to assert hs the forecloeere <br />psaeeeti;hp the ~ a w any other defetsse of Borrower fa accelerotioa and foreeloaurc. [t the breach <br />h cot hared on or 6dore the date speddsd hs the rsotFee, Lender u Ltade~a option may declare sB of the <trtffi secured by <br />tads to 6e due ud payable withtrnt further demand aed may foreclose by judicial praceeditrg. Leodcr <br />sired ik astltded to oodcet iw arson prleee~eg ad eaieeses d foreclosure, hrclrrding, brit rat lSmHed to. cotda of doeatrrentery <br />eridaace. ehst:acts aai tide reports. <br />1'!, llertorra's Blg~rt to qa. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shBU have the tight to have any pt~tediags begun by Lender W enforce this Mortgage discontinued at any time <br />