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<br />79--- U lj 3 91 ~ <br />Lender's written agreement cr applicable law. Borrower shaft 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 Burrower and Lender agree fo 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 an 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 this paragraph 7 shall require Lender to incur any expenst cr take <br />any action hereunder. <br />S. Impteegon. Lender 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 spee:ifying reasonable cause therefor related to Under s <br />interest in the Property. <br />4. Coedemnetbe, The proceeds of any award or claim for damage., direct or consequential, in rnnnection 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 total taking of the Property, the prxeeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid Yo Borrower In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agrce 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 mazket 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 Borcower 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 atrthorized to collect and apply the prxeeds, 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 Bortower otherwise agree in writing. any such application of prxceds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />18. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />6y this Mortgage grarYCd 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 r~uired to commettce <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 nay demand made by the original 3orrower and Borrower's successors in interest. <br />11. Forheerence 6y Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded 6y applicable law, shall net be a waiver of ar preclude the exercise of any such right or remedy. <br />11te 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. Remedies Camtrtative. 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 concurrently. independently or successively. <br />13. Sxcesaors sad Atafgas Bound; Ioint and Several I.iabr7tty; Captions. The covenants and agrcements 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 shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not io be used to <br />interpret or define the provisions hereof. <br />14. Notice. Bxcept 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 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 />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lenders 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 dtretaed to have been given to Borrower or Lender when given in the manner designated herein. <br />i5. UaB'orm Mort=eZr, Governing Law; Seversrbifity. "Ibis form of mortgage rnmbines uniform covrnants for national <br />tree artd oon•uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shag be govertted by the law of the jurisdiction in which the Property is located. In the <br />avert that any provision or clause of this Mortgage or the Note coafiicts with applicable law, such eonfiiM shall not affect <br />other pmcisions of 4his Mortgage or the Note which can be given effect without the coafiicting provision, and 20 this <br />ertd the provisions of the Mortgage and the Note are declared to be severable. <br />16. Eerrower's t.,opy. Borrower shall be furnished a conformed copy of the Note and of tfiis Mortgage at the time <br />of execution or after recordation hereof. <br />1T. 1~aester of the Preparty; Assampgar. If all or any part of the Property or art intemt therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or 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 tbe death of a joint tenant ar (d) the grant of any leasehold interest of throe years or less <br />not containing an option to purchase, Lender may, at Lendei s option, declare all 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 sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agrcemtnt in writing that the credit of such person <br />is satisfactory to Lender and that the intemt payable on the sums recured by this Mortgage shah be at such rate as Lender <br />shall zequeat. If Letidu has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />mterat has executed a written assumption agreement accepted in writing by Lender, Lander shall release Borrower from all <br />obligations under ibis Mortgage and the Note. <br />If Lender exercises stub option to accelerate, Lender shall mail Borrower twiice of acceleration in accordance with <br />paragraph 16 hereof. Such notice shall pmvide a period of not lac than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nola IJratPOaM COVe1VAN7'S. Borrower and Lender further covenant and agree as follows: <br />18. Atceks~ba; $etsse~ Eacspt m prsvided ~ pteretgraph I7 hereof, npou !lorrower's breath of any covenant or <br />aptaera~ d 8arrotrn ht gds Mortpge, htw:Iaditsl; the tovenaata Io pay whey due any saran cecnrcd by this McNgage, <br />Ltuttta prhx to aceeleratlea ~ feet aotke to Itotrorrer ~ provided in pttaa4;c~rh I4 bared apeelfyhrg: (I) the 6marh; <br />(2) tie action ralao§ed to care sari breach; (3) a data, act less thae 30 days from the date the notice b marled to Borrower, <br />try which earl brgcEt east ha tared and (4) gut failure to core each breach on or before the date spetiged in the trotke <br />r~ tsaak im aee~ote d gee slues setneed 6y f6is More, forecbsure by jodlcial proceeding tend side d the Property. <br />`ilia aoBxe clang {artier ~tsno Eastarrer of pre right W rehrsFStm efts eeeelertdion and gx right to inert io the foretbaare <br />proc~dhr` tit nee ttdshmce d a tl or tuy offier defame d Borrower to eecekration and foreclosure. ff the breach <br />Isnet edsd an m before tie daft hr tie nogce. Letoder at Leader's opgorr may dechue dl of tie sums secured by <br />ffida 14ftr1{!<e M be fmrurediatdy eat sad payable witieat further demtsnd and rttay foreclose by jndicinl proceeding. Letrrler <br />sia$ bt eta b tcAiect in act >A espema d foreclosure, hxxlaedkrg, Got not Iimked to, tosb of docamentvy <br />elhkacCs aitAraele id tige rtptfls. <br />1$ >Detsur-ers Rltzkt to Rehrstde. Notwithstanding Lenders acceleration of the sums secured by this Mortgage, <br />BoTNwCr shall have the right to have nay proceedings begun icy Lender to enforce this Mortgage discontinued at any time <br />