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<br />79-- ~Ftr;~~20 <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, 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 time on outstanding principal under the Note unless payment of <br />interest at such 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 />any action hereunder. <br />8. inspection. Lsnder may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior [o 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 damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for cim•eyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the eves 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 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 proportiin 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 ro the date of taking, with the balance if 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 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 [he <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, am such application of proceeds to principal shall not extend <br />or postpone the dt~e date of the monthly installments referred w in paragraphs 1 and 2 hereof or change the amount of <br />c„ 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 or refuse to extend time ter payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of an}• demand made b}• [he original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Nof s R'aiver. Any forbearance by Lender in exercising am• 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 hfortgage. <br />12. Remedies Cttmulati~e. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joist and Several i.iabt7lty; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns if 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 only and are not w be used to <br />interpret or define the provisions hereof. <br />1d. Notice. Fatcept for any notice required under applicable law to be given in another manner. (al env notice to <br />Borrower provided for in this Mortgage shall be given b}• mailing such notice by certified mail addressed to Borrower at <br />the Property Address or a[ such other addre~ as Borrower may designate by notice to Lender as provided herein, and <br />(b1 any notice to tender shall be given by certified mail, return receipt requested. ti Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any nitic~ provided for in this <br />Mortgage shall be domed to have been given to Borrower or Lender whrn given in the manr+.cr designated herein. <br />IS. IJaiform Mortgage; t~overaiag Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to wnstitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction ir. 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 roe atleci <br />other yrovisions of this Mortgage it the Note which can be given effete without the conflicting provision. and to this <br />sod the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrowers Copy, Borrower shall be furnished a confirmed copy of the Note and of this Mortgage at the time <br />of exeattion or after recordation hereof. <br />17. Treader of the Property; Assumption. If all it any pan of the Property or an interest therein is sold or transferred <br />by Borrower w$Iwut Lender's prior written consent, excluding (al the creation of a lien it encumbrance subordinate to <br />this Mortgage, Rr) the creation of a purchase money security interest for household appliances. (c) a transfer by devise. <br />descent or by operation of iaw• upon Iht death of a joint tenant er (dt the gran[ of any leasehold interest of three years or less <br />trot containing an option to purchase, Lender may, a? Lender's option, declare alt the sums secured by this Mortgage to be <br />immediately due and payable. under shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Pmptny is to be seid or transferred reach agreement in writing that the credit of such person <br />is satisfactarv to Lender and that the interest payable on the sums secured by this Mortgage shah be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a writtrn assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligafiotts under this Mortgage and the Note, <br />I£ Lenikr exercises strch option ro accelerate, Lender shall mail Bon~ower notice of acceleration in accordance with <br />paragraph 34 hszeof. Such nonce shall previdte 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 !o pay such sums prior to the expiration of xuch period, <br />I-cn„er may, without further notice or demand on Borrower, invoke any remedies permitted by pazagraph 18 hereof. <br />NaN-t3r+tiottrt Covetv,tNrs. Borrower and Lsnder further covenant and agree as follows: <br />i& Aecderatlon; Itemediea. Fscept as presided ie pat:Fraph t7 iserrof, upon Borrower's breach of any corcaaat or <br />nEseemeat of Borrower ie this MotiEags, ittelading the covenants fa pay when die ar.;• sums secured by this 1lorgfage, <br />Lasder prior' to aeedeeatiea sJmil ~ notice to Borrower as provided in paragraph 14 hereof specifying: (1) the bleach; <br />(21 tYe aeNoa requited f0 cure tech 6~reaeh; (3) a date, not kas !lieu 38 days from the date the entice i& mailed to Borrower, <br />by s)tith each beeat6 ttatart be sare$ sled (d) that 6i;ure !o core susb breach on or before the daft specified in the notice <br />~y rbstt in stseehrador of the snits secured 6y the Mortgsde, foreclosure by jatikial procsedirtg and sate of the Property. <br />The isaAire ehtdl further fcttmu Bortnwse of the ti;ht to teiustate after accektation and the right to assert in the forecMstns <br />PAL ~ ~n~isteece of a drfauN or any other defense of Borrower to accekration and forstlosnre. If dhe breach <br />L tint toted an a before the date specifies in the notice, Lender at Lender's option may declare aU of the sums secured 6y <br />thk Mostgarge to he immediately dale and payable without further demand amt cosy foreclose by judicial proceed'nttg. Lender <br />-- sht~ be eati<led to rnlGeet in sx6 ptoceedttta tdt ezpe~ of foreclosure, indud[ng, but not limited to, costs of documentary <br />evidence, abstracts sad tole reports. - - <br />19. Borrowerrs Bishi to Reinstate. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any procecdin¢s lxgun by L€ndsr ?i enforce ±his Mortgage discontinued at any time <br />