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79~. U (., 4 () 0 6 <br />Lender's written agreement or applicable law. Borrower shalt pay the amount of ail mortgage insurance premiums in the <br />mantrer provided under paragraph 2 hertof. <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 ether terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from tbe <br />daft 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 inlerest at t}te highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Ixnder to incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prier to any such inspection specifying reasonable cattle therefor related to Lender's <br />'nteresi in the Property. <br />4. Coademnation. 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 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 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 prier 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 faits to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to calleci and apply the proceeds, at Lender's option, either to restoration ar 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 no[ extrnd <br />ar 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 />10. Borrower Not Released. 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 />lice iiabitity of ine original Borrower and Borrowers successors in interest. Lender shalt not ix required ro 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 Harrower and Borrower's successors in interest. <br />11. Forbearance 6y Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunde=, or <br />otherwise afforded by applicable law, shall not be a' waiver of or preclude the exercise of any such right or remedy. <br />7fie 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. Remedks Camnlstive. 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. Saccessors tend Assigns Bourtd; boint and Several LiabOity; Captions. The covenants and agreemrnts herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject fo the provisions of paragraph 17 fiereof. AlI covenants and agreements of Borrower-shall be joint and several. <br />flee captions and headings of the pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another mutner, (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 ;totice 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 />25. Unifarat Mortgage; Governing Law; Severddlity. This form of mortgage combines uniform covenants far national <br />use and non-uniform covenants wish limited variations by jurisdiction to constitute a uniform security instrument covering <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 taw, 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 />rnd the provisions of the Mortgage and the Note are declared to be severable. <br />16. Bormwer's Copy. Borrower shall be famished a rnnformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />19. 'Ttamfn of !be Property; Aawmtption. IC 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 Tien 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 the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option 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 />shah r~ttesf. If Lender has waived the option to accelerate provided in this paragraph 17, and if Bonawer's successorsn <br />intetnst has executed a writtrn assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />Tf Lender exercises such option to accelerate, Lender shall 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 to pay such sums prior to the expiration of such period, <br />Ltender may, without further notice or demand on Borrower, invoke any remedies permitted 6y paragraph 1 g hereof. <br />Nort-Uratt~ttta CovExexrs. Borrower and Lender further covenant and agree as follows: <br />Ill. Accehxatiow Rewedka. 1Fice~ s provMed is paragraph 17 hereof, upon Borrower's breach of soy covemnt or <br />of lorrower hs ~ Mortgage, factadirrg the mvenarrts fo pay when doe any soma secured by this Mortgage, <br />Leaia~ ptdor w acukeatlas shall nut0 notke to Harrower as provided is paragraph 14 hereof apedfyirtg: (1) the breach; <br />(Zi the settle to erne sack breach, (3D a data ant kas than 311 days from the date the notice is mdkd to Borrower, <br />by nehirlt weh 6reae- wad be aced; sad (1) that fsHure to core such breach on or before the date specified in the notice <br />say tesaB is atcdradioa ~ the sews steered by this Mortgage, forecloswe by jadkid proceeding and ode of the Property. <br />'Ihe orAlee ewe farther hrfarw Berrewet of the right M reinstate otter acceeration and the right to asxrt is the foreclowre <br />.faseea~sg ~e a of t defadt w say ether defense of Borrower to acceleration and forechtsurc. If the breach <br />is sot eattd sa ~ before the date specified ~ the notice, Lender at Leader's option may declare aB of the soma secured by <br />This l![arigage to be iwetedFaldy doe wd pay:bk wltlrout further deraaad and owy forecbse by fadicial proceeding. Lender <br />shall 4e editled b taBeet i suck pnseeedhg ell expenses of foreclosnrc, laeladhag, brat not Braked to, costs of documentary <br />e+hleace, ahdratMS sad tkk reports. <br />I9. Dorrower'b Right to RetYaWde. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />BOittfwer shdLhave fire right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />