79-• ~ ~- ~ ~ 13
<br />Lender's written agreement or applicable law. Borrower shall pay the amotmt of alt 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 shad 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 ai 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. Insyection. Lender may make or cause to be made reasonable entries upon artd inspections of the Property, provided
<br />that Lender shall give Borrower notice prior ro any such inspection specifying reasonable cause therefor related to Lender's
<br />im-rest in the Property.
<br />3. Co~emmttion. 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 pan 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 [he Property. the proceeds shall be_applied to the sums secured by this Mortgage.
<br />with the excess, if any, paid [o Borrower. In the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, there shad 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 sumo 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 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 />Properly or 4o the sums secured by this Mortgage.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shat! 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 ar modification of amortization of the sums secured
<br />by this Mortgage granted by Lender to any successor in interest of Bonower shall not operate to release. in any manner.
<br />the iishiifty of ins criginai Borrower and Bormwzr's successors in interest. i_ender shaii not ix 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 ori¢inai Borrower and Borrowers successors in interest.
<br />11. Forbearance by Lender Not a R'aiver. Any farlxarance by Lender in exercising any right or remedy hereunder, or
<br />otherwise sfforded by applicable law, shall nor be .a waiver of ~ r prelude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of laves or other liens or charges by Lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness scored by [his Mortgage.
<br />1Z Remedies Csmulatrve. All remedies provided in this Morgage are distinct and cumulative to any other tight or
<br />remedy under this Mortgage or afforded by law nr equity, and may be exercised mncurren[ly, independently or successively.
<br />13. Successors end Assigns Bound; )Dint and Seven) Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to. the respective successor 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 he used to
<br />interpret or define the provisions hereof.
<br />14. Notice. Exttpt 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 Harrower 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 !.enders address stated herein or to
<br />-such other address as Lender may designate by notice to Borrower as provided herein. .4ny notice provided for in this
<br />Mortgage shall be deemed to have bcen given to Borrower or Lender when given in the manner designated herein.
<br />t5. Unfform Mortgage; Governing Law; SeveraMiky. 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 />tral properly: This Mortgage shall be governed by the taw of the jurisdiction in which the Properly is located. In the
<br />event chat any provision or clause of t}:is Mortgage ar the Note conflicts with applicable law, such conflict shat) not affect
<br />other provisions of this Mortgage or the No[e which can be given effect without the conflicting provision, and to this
<br />end [he provisions of [he Mortgage and the Note 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 efcecution or after recordation hereof.
<br />17. Ttaesfer of the Nraperty; Assumption. If all or any part of the Properly or an interest therein is sold or tran$fened
<br />by Bonower without Lender's prior written consent, excluding fat the creation of a lien or encumbrance subordinate to
<br />this Mortgage, fb) the creation of a purchase money securin~ interest far household appliances, (c) a transfer by devise,
<br />descant or by operation of law upon the death of a join[ tenant ar fell the gram of any leasehold interest of three years or less
<br />not rnntaining an option [o purchase, Lender may. at t °nder's option, declare ail the sums secured by this Mortgage to be
<br />immediately due and payable. Lender shall have w:: such option to accelerate if, prior to the sale or transfer, Lender
<br />and the person to whom [he Property is to be sold or :nsferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable an the sums secured by this Mortgage shall he at such rate as Lender
<br />shall request )f Lender has waived the rption [o accelerate provided in this p-aragraph 17, and if Borrower's successor in
<br />interest has executed a x~itten 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 shat) mat! Borrower notice of acceleration in accordance with
<br />pazagraph id 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 [he sums declared due. If Bonower fails to pay such cows prior to the expiration of such period,
<br />Lender may, without farther notice or demand on Bonower, invoke any remedies permitted b}• paragraph i R hereof.
<br />Nox-UNtFOttta CovExexTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Er<eept as provided In paragraph i7 hereof, upon Sorrower's breach of any covenant ar
<br />trgteenr~ ad Borrower in this Mortgage, including the covenants to pay when due any snms secured by this Mortgage,
<br />Lewder prior to acteteration sha® maH notice to Borrower as provided in paragraph 14 hereof specifying: {1) the breach;
<br />(2) cite action rcgaIred to care each breach; (3) a date, not less than 30 days from the date the notice is mailed fo Borrower,
<br />by whieb sseh breach most be cneed; and (9) that failure to cure suc4 breach oa or before the date specified in the notice
<br />rmy aesolt in tuceleridion of the sews secured by this Mortgage, foreclosure by judtcial proceedlrtg and sale of the Property.
<br />The aeUes t~dl farther i~orat Borrower of the right fo reinstate after acceleration and the right to assert io the foreclosure
<br />-, pebeaedioB tht;.aoe-sx#steace of a default or ttny other defense of Borrower !o accelention attd foreclosure, If the breach
<br />' is ~ cared on t!r before ~ drrte speclHed to She n+otlce, Lender a! Leader's option may declare a6 of the sums secured 6y
<br />fps Mottgagr l9 be immediate~• doe and payatde withou! further demand and may forcciase by judicial procredittg. Lender
<br />sbdl bt extltled to collect in each proceeding sB rxpeuses of forcNosure, including, but not limited to, casts of documentary
<br />evklenee, sbrAracta and ilue repack,
<br />14..Bnnosre>'s Ri~6t to Reinstate. Natwifhsfane3ing Lenders acceleration of the sums secured by this Mortgage,
<br />Bormwershallilavt [he:righE to have any proceedings begtm by !.ender to enforce this Mortgage discontinued at an}• time
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