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79-- vt-~fi58 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of al! mortgage insurance prerr;etn.:=. in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon. shall hecom~ addi¢dona! <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree in other tetras of pa~ment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shat! hear 'antere~;i frar:a the <br />date of disbursement ai the rate payable from time io time on outstanding principal under the Nate tinle.s +aymert of <br />interest at such rate would be contrary ro applicable law, in which event such amounts shall bear interest at tr~° i^ighess rase <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expertse ,,^,r take <br />any action hereunder. <br />8. Itrspedion. Lender may make or cause to be made reasonable entries upon and inspections of tIx Property, pravid°d <br />that Lender shat! give Bortower notice prior to any such inspection speci[ying reasonable cause therefor ¢-elated m Lender's <br />Enterest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in c;onn?-orlon svi>h any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. ere hereby as>ignsd <br />and shall be paid to Linder. <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 [o Borrower. In the event of a partial taking of the Property, unless Barrow•er and bender <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 [he date of 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 afters 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 />Properly or to the sums secured by this Mortgage. <br />Unless Lender and Borcower otherwise agree in writing, any such application of proceeds to principal shat! noY extend <br />or postpone the due data of the monthly installments referred to in paragraphs !and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time far payment or madificaiion of amortization of the .=,ums secured <br />by [his Mortgage granted 6y Lender to env successor in interest of Borrower shall not operate to release, in an}• manner, <br />the liability of the original Borrower and~Borrower's successors in interest. Lender shall not be required to eemmence <br />N.;,,-ezdirg; against spelt sucr:~or c- ~ - -extend time fat payment r -th erwise modify arta:ti2atiar. v the sums <br />secured by this Mortgage by reason of~any demand made by the original Borrower and Borrower's successors in interest, <br />Il. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded 6y applicable law, shall not be a waiver of or preclude the exercise of any such right ar 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 indeMedness secured by this Mortgage. <br />12. Remedies Crterulative. A!I remedies provided in this Mortgage are distinct and cumulative to any athtr right or <br />remedy under this Mortgage or afforded by taw nr equity, and may be exercised concurrently, independently or atccessively. <br />13: Successors and Assigns Bound; Joint and Several I.iabr7ity; 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. All covenants and agreements of Borrower shat! be join[ and several. <br />'ll+x captions and headings of the paragraphs of this Mortgage are far convenience only and ate 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, ta) any notice Yo <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 provided herein, and <br />(h) any twtice to Lender shall be given by certified mail, return receipt requested. to Lendei s address stated herein or to <br />such other address as Lender may designate by notice [o Borrower as provided herein. Any 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 />IS. Uaiform Mortgage; Governing Law: Seserabitity. This farm of mortgage combines uniform covenants far ttatiJnal <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrumc'nY covering <br />real property. This Mortgage shalt be governed by the law of the jurisdiction in which the Property is :orated. In the <br />e'+ent that any provision or clause of this Mortgage ar the Note conflicts with applicable law, such conflict shall net ascot <br />other provisions of this Mortgage or the Nate which can be given effect without the conflicting provision. and to ibis <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrowers Copy. Borrower shall he furnished a conformed copy of the Nate and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If al! or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance su"twrdinate to <br />.this Mortgage, (b1 the creation of a purchase money security interest for household appliances, (c) a transfer by devise. <br />descent or by operation of law upon [he death of a joint tenant or (dl the grant of any leasehold interest of three year; or less <br />not containing an option to purchase, Lender may, at Lender's option, declare alt the sums secured by this Mortgage to be <br />immediately due and payable. Lender she!! have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is [o be sold or transferred reach agreement in writing that the e:edii of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Dortgage shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph l7, and if Herrawer's succ~sar in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Battowir from alt <br />obttgations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleratior+ i^ aecordarxe with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the stuns declared due. If Borrower fails to pay such sums prior tr. the expir=ation of such perod. <br />Lender tray, without further notice or demand on Borrower, invoke any remedies permitted by paragraph l:Y hereof. <br />NoN-UxrPOart CovErinxrs. Harrower and Lender further covenant and agree as follows: <br />1$. Acederafba; Remedies. Ertcept as provided in paragraph 17 hereof, ttpoa Borrower's breach of any cavertaat or <br />agreement of Borro~ru is this Mortgage, iactuding the covenants to pay whm due any sums secured by t4is lNorlgage, <br />Leader prior to acceleratioa shall marl rroliee to Borrower as prorided in paragraph 16 hereof specifyiag: 11) the breach: <br />(Z; the atriop regairad w care each breach; t3- a data rtot leas than 3o days from the date the notice Is marred to Borrower, <br />by which sack- breach meet 6e cared; and (4) that failnre to care such breach o0 or before the date specified ir; the notice <br />:may rwatt ~ acseleratiwr of the sass txcared by the Mortgage, foreclosure by ptdicial proceeding and sale of the Property. <br />'lbe dotbce sha8 farther iefam Borrower of the right to relealate after acceleration sad the right to assert in the i`oeaclosure <br />procseding the aaa-eiistt~,e of a defatdt or aey other defense of Borrower to acceleration and forecMsare. If the breach <br />• is rwt cterd oa or before the date speci0ed in the notice, li.ender a1 ieodePs option stay declare all of the saws :,eeored by <br />ibis Mnrtgtyle W 6e ietmedLstely del a~ payAbb: wifhoat farther dernaad sad spry foreclose by judicial proceeding. Lertder <br />rt~l be tutifled to collect io sac6 proceeding all tipeaaes of toreclosure, irtcludleg, bat not limited to, rests of documentary <br />evldeucq atattrtre~ tied title <br />14. $OrtowePs I[ti~ to Relestate. Notwithstanding Lender's acceleration of the sums secured by this h'rartgage. <br />Botmwet shall have the tight to bout sty ptxrceedings begun by tinder to enforce this Morgage discontinued at any time <br />~, <br />