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Lender's written agreement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the <br />manner ptovided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become a3ditional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree [o other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower reouesting 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. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />'~+ any action hereunder. <br />~ 8. inapectlon. Lender may [Hake or cause to be made reasonable entries upon and inspections of the Prop^rty, provided <br />Q) that bender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />~ interest in the Property. <br />9. Condemnatkn. 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 />'1 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. 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 [his 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 Hortower 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 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment oe modificatic.. of amortization of the sums secured <br />by t - -rtga~ '.anted by L -.odor ,o ary s ....G, - in i.«e.,,,t of Bcrr.,~~erhall ra*. ."., to release any manner, <br />the liability of the original Borrower and Borrowers successors in interest. Lender shat] not be requirednto 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 Borrowers successors in interest. <br />11. Forbearance by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereundeG or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The prxurement 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 C®oktire. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be exercised concurrently', independently or successively. <br />13. Suceessors and Assiges Bound; Joint and Several iiabliity; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shalt 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 to be used to <br />interpret or define the provisions hereof. <br />14. Notlce. 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 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) aav notice to Gender 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 deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />I5. Uniform Mortgage; Governing Lsw; Severability. This form of mortgage combines uniform 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 shall be governed by the taw 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 affeM <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 Nate are declared to be severable. <br />16. 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. TreasFer of the Properly; Aasamptioa. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lenders prior written consent, excluding (a) [fie creation of a lien or 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 years or less <br />not rnntaining an oprion to purchase, Lender may, at Lender'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 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 shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />iatet~s! has exewted 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 Lender exercises such option to accelerate, Lender shalt mail 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 mailed within <br />which Borrower may pay the sums declared due. If Borrower fails ro pay such sums prior to the exgira[ion of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph lg hereof. <br />Nowt-Uxtaoart Covsx,sn>7s. Borrower and Lender further covenant and agree as follows: <br />18. Accekratio~ $e. 1?acopt as ptovided u paragraph 11 hereof, upou Borrower's breach of any covenant or <br />a=reemeot of lorrower k this Mortgage, inciudiag the covenants io pay when doe any sums secured by this Mortgt~e, <br />Lender prim to accektotioo ahaB mail notice to Borrower ss provided is paragraph 14 hereof apecifylrrg: (1) the breach; <br />(2) ~ 'orlon req~ed to cttte wc6 breach; !3) a data mt leas than 30 days from the drte the notice h mailed to Borrower, <br />by trbieb aoeh breach mmt fit: cared; and (4) that failare to care such breach on or beForc the date epeci8ed in the notlec <br />tt~ reanft ~ accdendoa of the earns eecored by this Mortgage, forccloaure by jodieial proceednug and esle of the Property. <br />The natke ['lull fmthr+r it~orm Emrower of the righf to reinstate after aar:eleretion and the right to assert In the forecloanre <br />tbs ano~ee of a tkfattN ~ any other defense of Borrower to aeeekratbn a~ foreeiosarc. iE the breach <br />it nAt erred o0 or before the bate gteei8ed to the ootke, Lemler at 1.endePs option may dechrre ail of the soma secured by <br />Ihir Moue to fie I®tsedLtaly doe and payabk without farlber demand and may foreclose by judkial proceeding. Leader <br />ehaB fie tottlkd to collect m wch proceeding all e:petaea of forecbsurc, lncludbrg, hot not IimHed to, costa of docarnentary <br />evld~ee, sTatracta and tltk repoeh. <br />1!. Dorrower'e Bight to Behtsfats Notwithstanding Lender's acceleration of the sums secured by [his Mortgage, <br />Borrower shalt have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />