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79- ~~j33~9 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under pazagraph 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 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 fine 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 [his paragraph 7 shall require Lender [a 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 />Gnat 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. Condemnatbn. The proceeds of any award or claim for damages, direct ar 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 lire event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower In the event of a partial taking of the Property, unless Borower 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 ofi 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 ro 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 ro principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs t and Z hereof or change the amount of <br />such installments. <br />18. Borrower Not Released. Extension of the time far payment or modification of amorti: lion of the sums secured <br />by this Mortgage granted by Lander 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 w 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 Borrower's successors in interest. <br />11. Porlrearance by Lender Not a Waiver. An7 forbearance by Lender in exercising anv 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 6y Lender shall not be a waiver of Lender s <br />right ro accelerate the maturity of the indebtedness secured by this Morgage. <br />12. Remedies Camahetive. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage ar afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Saccesots and Assigm Bound; Joint 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 pazagraph 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 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, fa) 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 pros~ded 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 ether address as Lender may designate by notice to Harrower as provided herein. .4ny notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Uniform Mortgage: Governing Law; SeveraWity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument Covering <br />real propetty. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In tfie <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 Nate which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />i6. iorrower'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 />1?. Trarcrfer of the ~rtY; A~vmption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Letder'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 shalt have waived such option to accelerate if, prior to the sale ar transfer, Lender <br />and the parson 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 6y this Mortgage shall be at such rate as Lender <br />obeli regtxst. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest bas executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from ail <br />abligatioas under this Mortgage and the Nate. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragrapfi 14 hereof. Such notice shad provide a period of not less than 30 days from the date the nMice is mailed within <br />which Borrower may pay the sums doctored dui. If Borrower fails to pay such sums priar to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Not+-Uxtpoatt Cavetutrrrs. Borrower and Lender further covenant and agm as follows: <br />18. Aecelerathrx Rearedla. Except as provided is paragraph f7 hereof, upon Borrower's breach of any covenant or <br />asteeaeat of Bomawer ie this Mortgge, iachrdiag the coveeaMS to pay when due any sums secured by this Mortgage, <br />I.taiea trior b aecdesatioa shag au8 satin to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the actiaa to elm aac6 breach; (3) a dste, eat leas than 30 daps from the date the notice h: mailed to Borrower, <br />by which stack breach ~ be cared; asd (4) that faihue to core each breach o0 or before the date specified in the notice <br />coq reaaN la acsderatloa of the same reared by ffiis Mortgage, foreclosure by judicial proceeding aad sale of the Property. <br />The tsotFn alsaB farther hdotrm Harrower of the right to reinstate after aeceletatiion and the right to scurf m the foreclosure <br />Phi the ~ of a default or arty other defeaBe of Borrower to accehratioo and foreclosure. tf the breach <br />b net cured oa ar 6etare the daM specified in the entice, Lender at Lender's option may declare all of the sums secured by <br />this Matrtpgr to be iemly doe asst payable witlroat further demand and may foreclose by judicial proceeding. Lender <br />ebaB Ire eatttkd tm eo11nK is each proceeding atl sxpceses of fomlosare, including, bu! not limited to, costs of documentary <br />evidean, ab~racts eyed tHie report. <br />19. Eonaw~'a Right to Refadata Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Brs-ravaar shah havz tba right to uavz airy ptaeecdings tsegun by Lender to enforce title Mortgage dimautinucd at any time <br />