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<br />79-- c~t)3~~2 <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 sha8 be payable upon natice from Lender to Borrower requesting pa}'ment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time or, outstanding principal under the Note unless payment of <br />interest at such rate would be contrary Co 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. Inspertioa. 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 specifyine reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The prcxeeds of any award or claim for damaees, direct or consequential, in connection with an}' <br />condemnation or other taking of the Property, or part [hereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the even[ 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 Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured 6y 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 proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, offer natice by Lender to Borrower that the condemnor offers to makt <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 the <br />Propert}° or to the sums secured by [his Mortgage. <br />Unless Lender and Borrower otherwise agree in writine. any such application of proceeds to principal shall not extend <br />or postpone the due date of [he monthly installments referred to in paragraphs 1 and 2 hervof or change the amount of <br />~~h inst_a_tlment_c <br />10. Borrower Not Released. Extension of the time for pa}'ment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shaft not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall net he required to commence <br />proceedings against such successor or refuse to extend time for payment ar otherwise modif}• amortization of the sums <br />secured by this Martgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />li. Fnrbearaace by Lender Not a Waiver. .4nc farhearance by Lender in exercising anv right or remedy hereunder, or <br />otherwise afforded by applicable law. shall rot lx a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurantt 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 be this Mortgage. <br />12. Retuefiies Cmnatative. A11 remedies provided in this Martgage are distinct and cumulative to am^ other right or <br />remedy under this Mortgage or afforded by law or equitc, and may be exercised coneurcently, independently or successively. <br />13. Saeeessors and Assigns Boe°d: Joint snd Sex~ere! I.iatOity; 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. Alt covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Martgage are far convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Exttpt for any notitt required under applicable taw to be given in another manner, (al am^ Wallet to <br />Borrower provided for in [hie Mortgage steal! ht given by mailing such notice b}^ certified mail addressed to itormwer at <br />the Ptz>pert} Address ar at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lander shalt be given by certified mail. return receipt requested, to tenders address stated herein or to <br />such oi~,er address as Lender may designate b}~ natice to Borrower as provided herein. Any notice nmvided fnr in this <br />Mortgage shall be deemed to have teen given to $orrower or Lender when given in the manner designated herein. <br />I5. Uniform Mortgage: Goveroirrg Law; Seves9bSih. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations b7 jurisdiction to constitute a uniform securitc instrument covering <br />real propem•. This Mortgage shall be governed b}• the taw of [he jurisdiction in which the Property is located. In the <br />evens that any provision er clause of this Martgage or the No!e 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 Mottgage and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall Fx furnished a conformed cep}' of the Note and of this Mortgage at the timt <br />of execution or after recordation hereof. <br />17. Ttaasftr of file Property: Assumption. If all or any part of the Propert}' or an interest therein is sold or transferred <br />by Borrower without Lenders prior written consent. excluding (a) the creation of a lien or rntumbrantt subordinate to <br />this Mortgage, (b) [he creation of a purchase money securit}' interest for household appliances, (c) a transfer by devise, <br />descent or by operation of taw upon the death of a joint tenant or 'd) the grant of any lea~hold in[erat of three years or less <br />not rnntaining an option to purchase. Lender may, at Lender's option, declare al! the sums secured by this Mortgage to be <br />immediately dear and payable. Lender shall have waived such oitio;+ m accelerate if, prior to the sale ar i:ansfer, Lender <br />and the person to whom the Property is to be sold ,^: transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lettdtt and that the interest payable on the sums secured ~: this Mortgage shall be at such rate as Lender <br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowtr's successor in <br />intettst has executed a written assumption agresrtent accepted in writing by Lender. Lender shall release Borrower from all <br />obligstioas under this Mortgage ar:9 the Note. <br />If Leader exercises such option C:, :;.~.-ekrate• Lender shall mail Borrower notice of a,;ct}emtion in accordance with <br />paragraph 14 hereof. Such na[iu shall provide a period of not less than 30 days from the date the notice is mailed within <br />whiclx Sarrawer may pay the sums declared due. If Borrower fails ro pay such sums prior to the expiration of such period, <br />Leader rasp, without further notitt or demand an Borrower, invoke any remedies permitted by paragraph 1 g hereof. <br />Ntret-Uxtroxst Coe~t+exrs. Borrower and Lender further envenom and agree as follows: <br />1& Atederatbat Rettaediks. Except as provided u: persRrap6 17 hereof, upon Borrower's breach of any covenant or <br />apeemeat of Borrower ie this MorfgsEe, iacludiad the rnvenants to pay when due any sums secured by this Mortgage, <br />Ladvt prior to acedetatba shag mair notice to Borrower as provided is peragmph 14 hereof specifying: (I) the breach; <br />(2) flee sstfoa rtgdred to ema arch breach; (3) a date, not leas thin 30 days from the daft the notice F9 mated to Borrower, <br />by wi#eh each breach least be cnredl acct {4) that faSare to cure such breach on or before the date speti8ed in the notice <br />~• resaB ht ~ of the amts atxared by this More, fomlosun by jadic~ proceedi~ sad sak of the Property. <br />The Welke riaB tether i~orm Borrower M the right to reuu~e after acceleration and the right to assert in the foreclowre <br />proce~ ~e noe.r:ktsece of a defaak or any other dtfeaae of Borrower to acceieratioa end fomlaaare. Q the 6rrach <br />i4 not tared oe or blare fhe dsK slueeif'ied fa the notice, Lender at Leader's option may declare ell of the sums secured by <br />Bois Mastgstlt to be iaamedhtdy doe and p.yabie without fnrthcr demand ®d may foreclose by judicial proceeding. Lender <br />shag be entkltd fo coleect is arch procecdlag sB ezpenses of fomlosnre, including, but not Ilmtted to, casts of documentary <br />evidence, ahstraeb trod tHlt report: <br />13, Barowe~s Ri<ht to Rehaetate. Nokwithstanding Lender's acceleration of the sums secured by this Mortitage, <br />Borrower shalt have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />