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<br />79- ~t13~1$ <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 taw, 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 Lender to incur any expense or take <br />any action hereunder. <br />S. lnspectlon• Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />thatbender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />~. Condemaafbn. 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 local taking of the Property, the proceeds shall be applied to the sums secured by Phis 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 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, any such application of proceeds to principal shalt not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />18. Borrows Not Released. Extension of the time for payment or modification of amoreization of the sums secured <br />by this Mortgage granted by Lender to any successo: in interest of Borcower shall not operate to release, in any manner, <br />tfie liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedin3s against such successor or refuse to extend time for payment or otherwise modify amortization of the autos <br />secured by this Mortgage by reason of any demand made by rite origins; Borrower and Borrowers successors in interest. <br />11. Forbeaetmce hY Leader Not a Waivs. Any forbearance by Lender in exercising am right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of art preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other ]lens or charges by Lender shall not be a waiver of Lenders <br />right to accelerate the maturity of the indebtedtess secured by this Mortgage. <br />12. Reroedi~ CaroalaNve. 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 concarrentty. independently or successively. <br />13. Saceessors sad Assigns Bound; daunt and Several I.iabiliLv: t'aptiotrs The covenants and agreements herein <br />contained shall bind, and tbe rights hereunder shall inure [o, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph .', hereof. All covenants and agrcements of Borrower shalt be joint and several. <br />Tbe captions and head'ettgs of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provision 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 shalt tx given by mailing such notice by certified mail addressed to Borrower at <br />the PropeY.y Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shaft be given by certified mail, return receipt requested. to Lender's address stated herein or to <br />such orbs address as Lender may designate by notice to Borrower as provided heron. Any notice proveded for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated hereto. <br />Y5. UnRorm Mortgage; Govtrnirrg Law; SeverabBHy. This farm of mortgage combines unifom covenants 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 shalt 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 shall not affect <br />orbs gravtsions of this Mortgage or the Not; which can be given effect without ttse confiicfing provision, sod io thi <br />std [lte provisions of the Mortgage and ttx Note are declared to be severable. <br />16. Eorrowers Copy. Borrows shalt be furnished a conformed copy of the Note and of this Ma-tgage at the titnc <br />of execution or after recordation bermf. <br />17. Tranrder of ffie Property; Assumption. If all or any part of the Property or an interest therein a sold or transfernd <br />by Borrower without lendezts prior written consent, excluding (a) the creation of a lien or encumbrahce subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliartces, (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 />not comaining an option to purchase, Lender may, at Lenders option, declare all the sums secured by this Mortgage to tx <br />immediately due and payable. Lender shad have waived such option to accelerate if, prior to the sale or transfs, Lender <br />and the person to whom the Properly 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 oa the sums secured by chic Mortgage shalt be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrows's successor in <br />iateaest has executed a written a~umpiion agreement accepted in writing by Lender, Lender sheII release Borrower from all <br />obligattions under this Mortgage attid the Nott. <br />If Larder exercises such option to accelerate, Lender shalt marl Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is marled within <br />which Borrower may pay the sutras declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender tray, withnvi farther notice or demand on Borrower, invoke any remedies permitted by paragraph 18 bereof. <br />Not+-Uxttaoteas C,oveMex'rs. Borrower attd Lender further covenant and agrce as follows: <br />1F AccsYpr Resst~. Farept as prOTided ~ paragr~h I7 tsereaf, npaa Jgarrowere breach of nay iroreaaat irr <br />atp+se>oeM ~ llorrewer ~ chi Mortpgt, ficicdieq the coveaanffi to pay when doe nay cams secured by thi Motigat;e, <br />l.esdor pslar to aecei~aBaa dtaB rmrB atreine m Ber:orror >a provided In paagnph i4 hereof specNyi~: (1) the breach; <br />it) the artioa seyokei Tio sese ouch heesch; (~ • date, not less lbw ao days from the date the notice i ataBed to Borrawe4 <br />by srlieh ouch 6reatit artist Ile eared; oaf (4) than fa8m~e to care suds 6reich on or before the doh speei8ed Ia the notlee <br />s>rtdt ie aualttrs0lnn et the amass sactaad by tlda llSaslpBe, forecbwre by j•edicial proceeditg sad sale of the Property. <br />Tire settee t)saB faller iataras Borrower of the right m teiastate aHsr accekratbn and the right to aeSa~t to the foreclosure <br />dse d a datfiait art nay other defense of Borrower to acceleration sad foreciarare. R the breach <br />not r:lgld N er letoee tlse date aipeclipl M rise notice, Leader at I,eader'a Option rosy declare aH of the Snro6 Secured by <br />this MaelBti'ge to be iatsate~ally dam sad tayable wkhont rarriher detaaad sad may -o*eciose by 1~~ P~~leg• Leader <br />ttYaB 6q a to ceBat ht trochls aB s:psnSn of Eoteclowtre, inclasil~, but not Braked to, casts of documentary <br />eridesoe, alrtraets asd t11ie repetia. <br />1!. >brrmra'a ~ to ReLkale. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrows altall have tlta right l0 have any proetiedings begun by Lender to enforcx this Mortgage discontinued a[ any time <br />