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<br />79-~ Uv4194 <br />Lender's written agreement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed 6y 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 shall bear interest from ¢he <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 highGSt rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lendtr to incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make or cause to be made reasona$le entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />:Merest ~n the Property. <br />9. Condemoatlon. The proceeds of any award ar 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 shalt be paid io Lender. <br />Tn [he 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 [he 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 Mortgagt 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 [he 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 [he 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 Borcower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpot+.e 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 Releastd. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Mort¢age granted by Lender to env successor in interes¢ of Borrower shall not overate to release. in env manner, <br />the Lability of the original Borrower and Borcower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse ¢o extend time for payment or otherwiv_ modif}• amortization of the sums <br />secured by this Mortgage by reason of any demand made by the angina! Borrower and Borrower's successors in inttrtst. <br />Il. Forbearance ley Leader Not a R'aiver. Any forbearantt 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 er remedy. <br />Tire procurement of insurance or the payment of lazes or other liens or charges by Lender shall not be a waiver of Lender's <br />right 20 accelerate the maturity of the indebtedtess secured by this Mortgage. <br />12. Remedies C®cbrtive. 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. Sncceswrs and Assigns Sontrd; Jpint and Several Liability; Captlotrs. The covenants and agreements herein <br />contained shall bind, and the rights hereunder sha31 inure to, the respective successors and assigns of Lender and Borcower, <br />su$ject to the previsions of paragraph l7 hereof. All covenants and agreements of Borrower shall 6e joint and sevtral. <br />'Rte 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 />li. Notice. 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 shat' 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 ttrtified math return receipt requested, to Lender's address stated herein or to <br />ouch other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be dcemed to have been given to Borrower or Ixttder when given in the manner designated herein. <br />I5. Uaifors Mortgage; Governing L?i.r; Severabillty. This form of mortgage combines uniform covenants for national <br />rrse and non-uniform covenants with limited variations by jurisdiction [o constitute a uniform security instntment covering <br />teal property. This Mortgage shalt be governed by the law of [he 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 con Ric[ shall not affect <br />other provisions of this Mortgage or the Nate which can be given effect without the conflicting prevision, and to this <br />end the previsions of the 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 execution or after recordation hereof. <br />17. Transfer of the Property; Aseamption. If all or any par[ of the Property or an interest thtrein is sold or transferred <br />by Borrower without Lender's poor 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 />descatt ar 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 t:oniaining an option to purchase, Lender may, at Lender's option, declare ail the stuns 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 agtcement 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 a[ 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 />interest has executed a written asstrmption agreement accepted in writing by Lendtr, 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 awotdance 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 ptnod, <br />Linder may, without furtltcr notice or dematsa on Borrower, invoke any remedies permitted 6y paragraph I g hereof. <br />Note-UtneoreM CovEwwxis. Borrower and Lender funkier covenant and agree as follows: <br />18. Aecdeeaf35oe; Remedies. Except as provided ie paragraph 17 hereof, upon 8orrower'e breach of say covenant or <br />agm~mt at Bmiorrrv ®ihls Mortgage, indadhrg the covenants to pay when doe any sores secured by this Mortgage, <br />Linder prior b aceteleratloo shag sal notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the se6ae regdred to esaa such breach: (3) a date, nwt !ew ihsa 30 days from the lisle the notice lh tnaHed to Borrower, <br />by whie~ welt breach set be eased; wd (4) that faBare to care such breach on or before ttte date apeetSed in the nodee <br />ssq' rewR ie an'elnatlea of the tune aseared by this Mortgage, forecleurc 6y judicisi proceeding and sale of the Property. <br />11e tsalia ehaH feather hsfass Bacrawea of the ri66t to eefetsRe after acceleration sml the right to aatert bl the forecbsuro <br />ptroeee~g the non-esYMaee of a default or say other defense of Borrower to acceleration and forxclosnrc. If the hreu6 <br />b rot cared oa or 6efae the date epeelBed ie the notice, Leader at Lender's option may dechuro ~ of the sums secured by <br />~ Moxt~ye to 6e bwtediatdy doe and payable witbont further demand and aey foreclose by judicial proceedItrg. Lender <br />shag he a to eoBeet h wch proceedbrg aB expenses of forecbsure, includhrg, but pot I-mhed to costs of documentary <br />ac3dauee, shslracb and fllie repom. <br />If. lorcowet'a Right ~ ReiaWte. NotwithtGaading Lender's acceleration of the sums secured by this Mortgage, <br />Borrower ahttll have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />