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<br />79~. UU3H86 <br />Lender's written agreement or applicable law. Borrower shat! pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Aay amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Harrower secured by this Mortgage. Unless Borrower and Linder agree to other terms of payment, such <br />amounu shall be payable upon notice from Linder to Borrower requesting paymenr 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 zhis paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspectloa. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender sha[I give Borrower notice prior to any such inspection specifying reasonable cause therefor related to tender's <br />interest in the Property. <br />9. Coudemnation. 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 Lender. <br />In the event of a fatal 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 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, after notice by Lender to Borzower 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, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />1®. Borrower Not Released. Extension of the tiros for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shaii not operate io release, in any manner. <br />the liability of the original Borrower and Barzower's successors in interest. Lender shalt 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 origiral 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 affords by applicable law, shall 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 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. Rearedks Ctrmabdive. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law ar equity. and may lx exercised concurrently. independently or successively. <br />13. Sacrsors sad Assigns Bound; Joint and Several Irabitiry; Captlons. The covenants and agreements herein <br />contained shaii hind, 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 pazagraphs of this Mortgage are for convenience only and arc not to be used to <br />irtttrpret or defitte the provisions hereof. <br />14. Notice. Except far any Halite 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 by certified mail addressed to Borrower at <br />the Praperry Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) sny 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 dsemed to have lien given to Borrower or tender when given in the manner designated herein. <br />15. 1lniform Mortgage; Governing Law; SeverabBity. This form of mortgage combines unifrtrm covenants for national <br />use an3 non-uniform rnvenants wish limited variations by jurisdiction to constitute a uniform security instrument coveting <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 Note conflicts with applicable law, such conflict shalt not atfect <br />othez provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />card the provisions of the Mortgage and the Nate are declared to be severable. <br />i6. Berrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution ar after recordation hereof. <br />17. Trao~er of the Property; Aasrrmption. If alt 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 encumbrahce subordinate to <br />this Mortgage, (h) 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 throe years or less <br />Hat containing an option to purchase, Leader may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Linder shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred teach agtment in writing that the credit of such person <br />is satisfactory to Lendtr and that rite fate.-est payable on the sums secured by this Mortgage shalt bt at such rate as Lender <br />shalt request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest bas 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 Lander exercises such option to accelerate, Lender shat! mail Borrower notice of acceleration in accordance with <br />paragraph f4 hertctf. Such ttatice shall provide a period of not Irss than 30 days from the date the notice is mat7ed 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 />Lendtr may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nort-UxiFOawt CoveN~tvrs. Borrower attd Lender further covenant and agree as follows: <br />1B. Acceleratloo; Rer~a. Except as provided in paraRrrgr6 t7 6treof, upon Borrower's breach of auy toveoant or <br />a M Borrower ~ t61s Mortgrge, Fncludirg the covenants to pay when doe any sums secured by this Mortgage, <br />Ieiader prior to aceeieaatl4 s6aB mat splice to Borrower as provided in paragraph 14 hereof speeityi~: (1) the breach; <br />(~ the acfion t~akad bo esae sack breach; (3) a dat0. cot kas than 30 days from the date the aotke is maBed to Borrower, <br />~ wblelt wdr Tfrsaeh maA ie enrsd; and (4) that Bare ~ tare sorb breath on or be-orc the doh specified to the notitt <br />eyq tt~ak !s of fore ~tffi secm•+cd by this Mortgage, forecloeare by judklal proceedMg and sate of the Property. <br />'!be atetke ~aB fiather ir~a:s Berrorrer ~ the rittht to eefastatt after accehratlon and the right to assert in the foreclosare <br />psecec~ ~ peace ~ a defasit or aziy prior defsnse of Borrower to xeekratloa aed forecfowre. Tf the breach <br />'is ta# cored oa pm before ~ date specked in the notice, Lerner at Leod:r's optan may declare dl of the saw secured by <br />ehis Mertpse to 6e dy ~ aed pslabk without ferfher demarM sad mtly foreclose by judicial proceeding. Lender <br />ah~B be eaNkkd ~ ca8ecl is suelt proceediati aB expeusea of foreclosure, ineladbrg, bnt not liroked t0. torts of documentary <br />evldmct, a6stracta sad 1i11e repaM. <br />1! B~euwer's Ridtrt tp R~rs. NotwilLatanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />