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79- ~t-?Q38 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage 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, shat) become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment. such <br />amounts shall be payable open notice from Lender to Borrower requesting payrrrent thereof, and shall bear interest from the <br />date of disbursement a! 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 />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder, <br />8. Inspection: 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 specifyi.^,g reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coademnatbn, The prxeeds 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 the event of a total taking of the Peoperry, 4he proceeds shall be applied to the sums secured by ;his Mortgage. <br />with the excess, if any, paid to Borrower. In 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 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 value of the Property immediately prior to the date of taking, with the balance of the prxeeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the conBemnor offers to make <br />an award or settle a claim for damages, Borrower 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 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 ittstailments. <br />Iff. Borrower Not Releases. Extension of the time for payment or modiflcation of amortization of the sums secured <br />by ibis Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in my manner, <br />the liabliry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successoe or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand ma3e by the original Borrower and Borrower's successors in interest. <br />Il. Forbrgracce by Leader Not a waiver. 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 gtrocurement of irrst:ravce 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 />f2. Remedies Caahttive. Al! remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equiv. and may be exercised concurrently, independently or successively. <br />13. 3acceasors sd Assigns Boaed; Joint and Several ira6ility; Captioc.. The covenants and agreements herein <br />contained shalt bins aid the rights bereunder shall inure [o, the respective successors and assigns of Lender and Borrower, <br />subject to the provisi.vts of paragraph 17 hereof. All covenants and agreements of Borrower sh~Il be joint and several. <br />'I]te captions and heaatr~ of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or defroe the pr~visioos hereof. <br />1a. Notice. Ezxpt fo; any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mo:•~age shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Atldrtss or at such oth. - addrecs a- Aorrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Leader shall be given by certified t-tail, return receipt regttesied. to Lender's address stated herein or to <br />such other address as Lender may designate by notice ~ Hor:twer 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 desiyrated herein. <br />IS. UaRwm Mortgage; Governing Lary; Severa6ility. This form of montage combines uniforo. n vcnants for national <br />tr5e and tort-uniform covenants with limited variations by jurisdiction to constitu:_ a uniform stx~.riry ~strument covering <br />rest property. This Mortgage shall be governed by the law of the jurisdiction in which "~- '.'t~perty tt located. In the <br />event that any provision or claux of this Mortgage or the Note conflicts wish applicable law, st,,h conPtet shalt not affect <br />ottrer 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 sad the Nete are dtxlared to be severable. <br />Ili. 3orrower'a 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. Tramler of the Property; Asrwmptiea. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrowu 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 />destxnt or by operation of law upon the death of a join[ tenant or fd) the grant of any leasehold interest of throe years or less <br />not coataia~g an option to purchase. Lender may, at Lert~r's option, declare alt the sums secured by this Mortgage to be <br />immediately due and papabie_ Leader shah have waived such option to accelerate if. prior to the sale or transfer, Lender <br />sett) Fix person to whom tlx Property is to be sold a t:a;,sferred reach agreement in writing that the credit of such person <br />is satidss-tery to I.ertdcr and that the intemt payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall tequa~i. If Lander has waived the option to atxx'xrate provided in this paragraph 17, and if Borrower's successor in <br />tersest has executed a writtu assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obiiguioas tnxter this Mott$age and the Note. <br />If Larder esertases such ngti~ to acxelerate, Lender shag mail Borrower notice of acceleration in accordance with <br />parrgraph Id hereof. Such notice shall proride a period of not less than 30 Bays from the daft the votive is mailed within <br />which Borrower may pay the sums declared dtx_ if Borrower tails to pay such suvts prior to the expiration of such period, <br />Lasda may, withou further avrticc or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Ntm-1)trtroart Covetsexrs. Borrower and Larder further covenant and agree as folloavs: <br />lg, Aaadeaalls~ Raae~ Fscept as pto+ided 1a paragraph 17 berotd, epos derrower's preach oI say coveasm or <br />~ Der:ssar ~ th$ Mmfgsge, iaebs~g the caverraats m pay when +~ say same seeared by t6Yis Mortgage. <br />Leader psfmr to aced~tiw ahd maY notice to loerawer as prot~ed fa paragrgtir 14 bereol ~fyiag: (1) the breach; <br />(A Elie acNaa b a'e each laeaeh;l3) a dsh. aw leas rhea 3o days Irnm the date the notlce is mailed no Borrower, <br />hl witch seep preset isaru he creed) asi (~{) thrN ftrNaee to use web beach on or helort the dab ttpet:38ed br the aoticc <br />~@' rsrwtt hs aeniCa~ets at Nee cams seraned by ~ Mortgage, farecie~e bJ' jrdicial proceedieg o~ sale d the Property. <br />pile wa6R else)) kse~ $stosu Baesarter of ~e right m reiaatste after aceekraiion sad the right to aga+ . Hx Iorccfosnrc <br />pwatttridg Ac aawmtriwwee of a daTaafx at say other tlefpre M borrower m xroeteratioa sad [orcclaeare. to Nee 6reacb <br />i amt caved ar er be[oer the drlOt f® the wetlrY, I.ader at Leader's eptlon may decbire a9 of ~e was sea. rod by <br />8da 4s be IsrdFaldy doe sea pwyahie wit tsather dewed sad mray torecloae by judicial proceeding. Le..+er <br />ii 6e attt6tlei to aNert 6t each at eapeaaes M fteredoaum, iocladieg, bat sot Bmled to coAs oI decamenlary <br />trrideaet. dtr6mear sad iMle eeporfa. <br />I3. Raesowds Rig1R is ReLA~. Notwithstanding Lender a acceleration of the sums secured by this Mortgage. <br />Borrower sirali have the rlghl to have a+ry proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />