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79® ~~$722 ,.. F <br />79-~ UU2721 <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 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 I.endPr 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 inspecTOn specifying reasonable cause therefor related to Lender's <br />interest in the Froperty. <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, ar 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 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 shalt 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 prier to the date of taking, with [he 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 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, env 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 installments. <br />1B. II..;.-romps *:ot °~lx~.~d. Extat+.sioo of th? *.ime fnr 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 anp 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 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 Borrowers successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shalt 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 ether liens nr 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 />12. Remedies Ctimnlatlve. All remedies provided in this Mortgage are distinct and cumulative to any other right ar <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Saecessas and Assigns Bound; 73rint and Several i,iability; Captions. The covenants and agreements herein <br />crontained 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 All covenants and agreements of Borrower shall be joint and several. <br />'llte captions and headings of the paragraphs of this Mortgage sre far convenience only and are no[ to be used to <br />interpret or define the provisions hereof. <br />10. Notice. Except for env notice required under applicable law to be given in another manner, {a? any notice to <br />Borrower provided for in [his 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 notiro io Lender shall be given by certified mail, return receipt regtrested. [o Lender's address stated heroin or to <br />such other address as Ixnder may designate by notice to Borrower zs provided herein. Any notice provided for in this <br />Martgage shall be dcemed to have bcen given to Borrower or Lender when given in the manner designated herein. <br />13. Uniform Mortgage; Governing Law; Severability. This farm of mortgage combines uniform covenants for national <br />rue and non-uniform covenants with limited variations by jurisdiction to constitute a uniform securty instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br />event that env arovision ar clause of this Mortgage or the Nate conflicts with applicable taw, such conflict shall not affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, and to thu <br />end fire provisions of the Mortgage and the Note are declared to be severable. <br />16. Eorrower's Copy. Borrower shall be furnished a confomted copy of the Note and of this Mortgage at the time <br />of exa_vtion or after recordation hereof. <br />17. Tra~'er of the Property: Assumption If all or any part of the Property or an intemt therein is sold or transferred <br />by Borrower without Lenders prior written consent, encluding (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 {dl the grant of any leasehald interest of three years or less <br />not containing an option to purchase, Lender may, at Lrnder's option. declare all the sums secured by this Mortgage to tx <br />immediately dtx and payable. Lender shall have waived such option to accelerate if, prior to the sate or transfer, Lender <br />and the person to whom lire 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 intemt payable on the sums secured by this Mortgage shall be a[ such rate as Lender <br />shall regtrat. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a writttn assumption agrcement accepted in writing by Lender, Lender shall release Borrower from all <br />obligatirnu trader this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph t4 hrreof. Such notice shalt provide 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 ro pay such sums prior to the expiration of such period. <br />Lendtt may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 g hereof. <br />Nox-Uxrt~att Cavertexzs. Borrower and Lender further covenant and agree as follows: <br />1& Aceekrdbn; Remedies. 1Fattpt as provided in paragraph 17 htreaf, upoe Borrower's breach of any covcoant or <br />asrersest of Borrower in this MoAgage, including the covenants to pay when doe nay saure aecored by this Mortgage, <br />Leader pttia to aecekratioa sha8 mail aotitt to Borrower as provided in paragraph 14 hereof specifplug: (1) the breach; <br />{2) ~e action regahed to erne web brescb; (3) a date, rot leas than 30 days from the date the notice is ma7ed to Borrower, <br />by which each breach mast ie eared; sad (4) that faaare to cure sorb breae6 oa ar before the date specified is the notice <br />essay rank is of the atoms scented by Ibis Mortgage. fombsore by judicid proceeding aml sak of the Property. <br />The aatlee t`mih~ f®form Borrtewtt of thr r~bt k+ ree after accderation avd the right W assert iA Ure foreclosure <br />. pnceediag the r~deace of a detaek or any other defense of lgorrowu to sccekrotioo and foreclosure. u the breach <br />is sot cased as ar before t>x date apcd6ed in the aotlce, Leader at Lender's option may dcclan all of the stmts secured by <br />thla to be iaraxdl~y doe and payable without fortbtr demand sod may foreclose by judicial proceeding. Leer <br />a>aA 6e eadlled b rn7leet ie wch proceeding ail expenses of foreci~nre, including, btrt not lunited to, costs of documentary <br />evidence, abetracla sled title report. <br />19. iortawera Rlgbt to AetasWe. Notwithstanding Lender's acceleration of the sums secured by this Martgage, <br />Borrower Shall have the right to Gave arty proccedings begun by Lender to enforce this Mortgage discontinued at any time <br />