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Lender's written agreement or applicable law. Borrower sha71 gay 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, sha[I became 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 bender to Borrower requesting payment thereof, and shalt bear interest from the <br />date of disbursement at the rata 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 />Rj permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />~ any action hereunder. <br />C't 8. itrsltecHon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />,may that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender s <br />in'erest in the Property. <br />~ 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />~t condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />1 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 />f~ with the excess, if any, paid to Borzower. In the even[ 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 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 Nat 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 />the liability of the original Borrower and Borrowers successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the st:ms <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a R'alver. Any forbearance by Lender in exercising any right or remedy hereunder, 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 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 lay this Mortgage. <br />12. Remedies C®ubtlive. Ali 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. Sscces9on aml Assigtrs Bound; joint and Several Liability; Captions, The covenants and agreements 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. Alt covenams and agreements of Borcower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage ate for convenience only and are not to be used to <br />rnterprer or define the provisions hereof. <br />14. Notke. 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 Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice pmvided for in this <br />Mortgage shall be deemed to have 1>cen given to Borrower ar Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; SeverabBity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited va.iations by jurisdiction to constitute a uniform security instrument covering <br />teat 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 law, such conflict shall not affect <br />outer provisions of this Mortgage or the Note which tan be given effect without the conflicting provision, attd to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrowefs Copy. Borrower shalt be furnished a conformed copy of the Note and of [iris Mortgage at the time <br />of execution or after recordation hereof. <br />17. Tnmfer of fhe Property; Assumption. If 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 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 />dtxcettt or by operation of law upon the death of a joint tenant or fd) 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 wld 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 Le:xler <br />shalt request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in <br />interest has executed 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 shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shalt provide a period of not less than 30 days from the date the notice is mat7ed within <br />which Hormwer may pay the sums declared title. If Borrower fails to pay such sums prior to the expiration of such period, <br />Leader map, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1$ hereof. <br />Nox-Uxtroat+t CovENexrs. Borzower and Lender further covenant and agree as follows: <br />18. Accderatlon; Reatedle:. Except as provided /a paragraph 11 hereof, upon Borrower's breach of any covenant or <br />> ~ Itlorrewer h, this Mortgage, facludiag the covtaaata to pay when doe nay snms secnred by this Mortgage, <br />Lasder prior ttr acct shag r~ rtotlce m Borrower as provided ie paragraph 14 hereof specdyiug: (1) the breach: <br />(2) the actbs rga4ed b cam swci breach; (3) a date, not leas than 30 days from /be date the notice is mailed to Borrower, <br />by wld~eb sscit 6eeae6 mast be erred; and (4) that faihrre to cure sne6 breach os or before the date specified in the twtlce <br />may retttlt Lt accderadaa of the gnats aerated by this Mortgage, foredontrt 6y )tedicial proceeding gad sate of the Property. <br />23e salter shag faker ~ferm BoROt-er of the right to relttsfafe after aecelerafbn std the right to assert in the torechrsare <br />praeeed®g Bra nos-ezi~saee of • tlefardi or any alher defense of Borrower to aceekraffoa and foreclosure. TI the breach <br />k sat ctrei oa or before the doh ht rho notice, Leader at Leader's option tray derlarc aB of the sums scented by <br />Alt MaAptge fa be immedia&1y tint a~ payabk without farther demand gad may forechtee by ;adtcisl praeedhtg. Lender <br />aYrtB be entitled fo eoBed fe each proceedir^~; tdl expeoxs of foreclosure, hretuding, bat not Broiled to, costs of documentary <br />eviieeeq sbwacb asd tide rrpotia. <br />39. Barrowart's Hfght to Rdathta Notwithstanding Leer's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />