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<br />79-o ut~i3H$4 <br />Lender's written agrcemert or applicable law. Borrower shall pay the amount of alt mortgage insurance premiums in 4be <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Linder pursuant to this paragraph 7, with interest thes'eon, shad became 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. Noehing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />B. fospecHon. Lender may make oe cause to be made reasonable entries upon and inspec£ions of the Property, provided <br />that Lender shalt give Borrower notice prier to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemaatlon. 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 conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Leader. <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. Tn 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 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 fhe 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 4he date such notice is <br />mailed, Lender is authorized to collet! and apply the proceeds, at Lender's option, either *.o restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or posepone the due date of the monthly installments referred to in paragraphs 1 and Z hereof or change the amount of <br />such installments. <br />1(i. Borrower Not Rthased. 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 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 Borrower's successors in interest. <br />11. Forbearance by Y.cuder Nat a Waiver. Any forbearance by Lender in exercising any right ar remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude tfie exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ar 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 Mortgage. <br />12. ]gtmed'ies CamalaNre. All remedies provided in this Mortgage are distinct and cumulative to any other right of <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently. independently or successively. <br />13. Saecesgors and Asdgas Bound; John and Several T.isbiL+ty; 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 shalt be joint and several. <br />Tice captions and headings of the paragraphs of this Martgage are for convenience only and are oat to be used to <br />interpret ar define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice 6y certifled mail addressed to Borrower at <br />the Property Address or ai such other address as Borrower 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 Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be dcemed eo have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severalrility. This form of mortgage combines uniform covenants for national <br />ttse 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 [he law of the jurisdiction in which the Property is located. in the <br />event that any provision or clarse of this Mortgage or the Note conflicts with applicable law, such conflict 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 Note are declared to be severable. <br />ld. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Tramfer of the property; A~omption. If all 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 ox 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 (d) the grant of any leasehold interest of three yeah or less <br />not comaiaing an aptioa to purchase, Lender may, at Lender's option, declare ail the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the safe or transfer. Lender <br />and the person to wham the 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 interest payable on the sums secured by this Mortgage shalt be at such rate as Lender <br />ahaC request. if Leader has waived the option io 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 />Obltgatiana nnder this Morgage end the Note. <br />if Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 13 hereof. Such notice shall provide a period of not less than 30 days from the date the ttotice is mailed within <br />which Borrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period, <br />Lender tray, without further notitt or demand on Borrower, invoke any remedies permitted by paragraph I8 hereof. <br />Nox-Urtrratat Cawaxwrtrs_ Borrower and Lender further covenant and agra as follows: <br />IS. Ate; Eemelfea. I~cep! as prosidsd b: pasxgntph T7 lsereof, upon Borrowsr'a breach of any coeeaau! or <br />agnx®eat of Borrower is this Mortgage, hrdud®g the eoveaaata fo pay when doe any rums secured by thi9 Mortgage, <br />Leader prime to acedet~ ahaB ma8 ootlee to Burrower as provided iu paragraph f4 hereof rpecitylog: (1) the breach; <br />(Z] the acllaa requb^ed to core each breach; (3) a date, not kra thou 30 days from the date the uotice is mailed to Borrower, <br />Try rrhleh aae6 brpc6 mmt be cure$ aatd (4) that faBare to cure sac6 breach on or before fire date ~eeified in the aotke <br />tatty regtit io aeedmdam of Se cams aecmed by tits Mortgage, Eorectosore by judkial proceeding and sde of the Property. <br />'11e ao8ee sir9 further' hifotm Borrower of the right io edeafate after seceh~3on and the right to assert in the foreclosure <br />Jit+oc~ lire named of a defauk ar nay other defeaae of Borrower to rrccekratfoa and foreclosure. Tf the breach <br />to etaR canal ou or before the date Fa the uotlce. Leader ai Leader's optk+u may declare ail of the smffi secured 6y <br />fbAt MaNpge to be im¢aediatdy daK aed palabk without further demand and ruay foreclme by f edictal Proceeding. Louder <br />aiuB tie eat&iel b rmeet ~ each prose dl expeaaea of forecWsure, hrclndhrg, bat not Bmrted to, torts of documentary <br />evhbmce, a6atracb and tltke r <br />1!. Barrowda Rijht to ReLutrde. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrawt[ shall have the right to have any proceedings begun by 1Rnder to enforce this Mortgage discontinued at any time <br />