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<br />79-u~13790 <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 [hereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other tetras of payment, such <br />amounts shall be payable upon notice from Lender [o Borrower requesting payment [hereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on atitstanding 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 cantained in this paragraph 7 shall require Lender [o incur any expense or take <br />any action hereunder. <br />8. Inspection. Leader 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 specifying reasonable cause YF.erefor 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 />candemnation or other taking of the Property, or part thereof, ar far conveyance in lieu of candemnation, 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 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 sans secured by this Mortgage immediately prior to the date of <br />taking bears to [he 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, after natice 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 aaply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Martgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone [he due date of the monGtly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />8.......wsr Not Rcl°~. Extersien 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 hat operate to release, in any manner, <br />the liability of the original Bartower 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 madify amartization of the sums <br />secured by [his Martgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any rig'tt or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of anv such right or reined}'. <br />The procurement of insurance or the payment of taxes or other liens or charges b}' Lender shalt not be a waiver of Lender's <br />right [o accelerate the maturity of [he indebtedness secured by this Mortgage. <br />12. Remedies Camnlative. 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 concurrentl}•. independently or successively. <br />13. Sacce~ots and Assigns Bound; Ioiot and Several I.iabHity; Captions. ThE covenants and agreements herein <br />contained shall bind, and the rights her under shall inure to, the respective successors and assigns of Lender and Borrower. <br />subjeM to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be join[ and several. <br />The captions and headings of the paragraphs of this Martgage are for convenience only and are hat to be used to <br />interpret or define the provisions hereof. <br />14. Notice. FJxcept for any notice required under applicable law to be given in another manner, tat 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 Properly Address or at such other address as Burrower may designate by notice to Lender as provided 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 otber address as Lender may designate by notice to Borrower as provided herein. Any notice provided far in this <br />Martgage shall be deemed to have been given to Borrower ar Lender when given in the manner desi¢na[ed herein. <br />I5. Iioiform Mortgage; tiove[airrg Law: SecerabAity. This form of mortgage combines uniform cavensnts for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security 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 any provision or clause of this Mortgage or the Nate conflicts with applicable law, such canflict shall not affect <br />other 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 and the Nate are declared to be severable. <br />Ili, librrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after mordation hereof. <br />11. Transfer of the Property: Assumption. if at! or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lendei s prior written consent, excluding (al the creation of a lien ar encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest far household appliances, (c) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or fd) the grant of any leasehold interest of three years or less <br />not containing an ontien 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 or transfer, Ixnder <br />and tlx person to whom rho Properly is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfaaory• to Lender and that the interest payable on the sums secured by [his Mortgage shall be at such rate as Lender <br />shelf 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 written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Leader exercises such ap[ion to accelerate, Lender shall mail Harrower notice of acceleration in accordance with <br />•~ !d !+r•at'nf. S?ich n!Nice shat) arovide a period of net 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 pcriuu, <br />Leader may, without further nonce or demand on Borrower, invoke any remedies permitted by paragraph I S hereof. <br />NON-UNIFORM COVENANTS. Borr0w'e7 and Lender further covenant and agree as follows: <br />1& Aeceteratiou: Remedies. Except as provided is Paragraph 17 hereof, upon Borrower's breach of any coveaaot or <br />agreement of Borrower fa this Mortgage, ineladiag the covenants to pay when due any sums second by Ihis Mortgage, <br />1[~eder prior to aeceleralfos ahaB maA notice to Borrower as provided in paragraph 14 hereof specifying: (1) the bteacb; <br />(2) the action required to cnre wch breach: (3) a date, not kss than 30 days from the date the notice ~ mailed to Borrower, <br />h9 which each breach mast be Bared; and (4) that faBnrc to care such breach on or before the date specified in the notice <br />may remk 10 aesduatioa of the wraas aecarcd by thla Mortgage. foreclosure by judicial proceeding and sak of the Property. <br />Tht uolks shd) farther i~arm Borrower of the r~ht to reinstate after acceieratbn and fire right to assert in the foreclosure <br />. proaed~g the eon-e:tefence of a defadt or nay other defense of Borrower to arcelerattoa and torecioearc. If the breach <br />is not erred on or before the date specified is the notice, Lemler at Lender's option may declare all of the earns secured by <br />grit Mottgase to be immedhtely doe and payable without further demand and may foreebse by judicial proceeding. Lender <br />ehfB be entiHed b eoBeM in snch proceedieg at2 sitpemes of forectosnre, including, but not BmNed to, coats of docnmeotary <br />e-idea¢4 ahatracts and tide reports. <br />19. lgoreower's R~ht to Relmstale. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have soy proceedings begun by Lender to enforce this Mortgage discominued at any time <br />