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<br />79®~ ~U4~U3 <br />Lender's written agreement of applicable taw. Borrower shad pay [he amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender puesuant to this paragraph 7, with interest thereon. shalt 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 requestir+.g payment thereof, and shall bear interest from the <br />date of dssbursement at [he rate payable from lime 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. Noihirg contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. laspectlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable souse therefor related to Lender's <br />~aterest in the Property. <br />9. Condemnation. 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 exceu, 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 scoured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amount of [he sums secured by this Mortgage immediately prior to the date of <br />taking liars to [he fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid [o llerrower. <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 nr 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 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 />16. 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 shalt oat optt-ate to R - -' i- any ma,,..~,. <br />the liability of [he original Borrower and Borrower's successors in interest. Lender shall not be required Ito commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sr!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 Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or <br />ofherwis affords by applicable law, shalt not be a waiver of or preclude the exercise of any such tight 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 [he indebtedness secured by this Mortgage. <br />12. Remedies C®atatlve. Alt remedizs provided in this Mortgage are distinct and cumulative ro any other right or <br />remedy under [his Mortgage or afforded by taw or equity, and may be exercised concurrently, independently or successively. <br />13. Soccessots asd Assigns Botmd; Joint and Several f.iabBity; Captloas. The covennnts and agreements herein <br />contained shall bind, and [he rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, <br />sub}ec[ to the provisions of paragraph 17 hereof. Ait covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the pazagraphs of this Mortgage are for convenience only and are no[ to be used to <br />interpret x deEae the provisions hereof. <br />ld. Notke. 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) any notice to Gender shall be given by certi&ed mail, return receipt requested, to Lenders 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 giventn the manner designated herein. <br />15. Urdform Mot~sge; Goverai~ Law: ceverabBity. This farm of mortgage combines uniform covenants for national <br />use and turn-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting <br />teal property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. Irs [he <br />event that any provision or clause of this Mortgage or the Note conflicts with applicab]e law, such conflict shall not affect <br />othtr provisions of this Mortgage or the Note which can tx given effect without the conflicting provision, and to this <br />end ilie provisions of the Mortgage and toe Noce are declared to be severable. <br />16. Borrover's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage ai ttx time <br />of ezecutron or after recordarmn hereof. <br />17. Toaster of the Property; AssumptMn. 1f alt or any part of the Property or an interest therein is sold or transferred <br />6y Borrower without Lenders prior written consent excluding (a) the creation of a lien or encumbrance subordinate 40 <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 apart the death of a joint tenant or (dl the grant of any leasehold interest of throe years or less <br />not containing an option to purchase, Lender may, at Lender's option. declare ail the sums secured by this Mortgage to be <br />it»media[e;y due and payable. Lender shag have waived such option to accelerate if, prior to the salt or transfer, Lender <br />and the person to whom rite Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and *_hat [he interest payable on the sums secured by this Mortgage shalt be at such rare as Lender <br />shag request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest leas executed a written assumption agreement accepted in writing by Lender, Lender shall releast Borrower from all <br />obligations wader 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 shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the stuns declared due. Tf Borrower fait=_ to pay such sums prior to the expiration of such period, <br />Leader may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph ! 8 hereof. <br />Norr-UtvrFOxx CovErurtrs. Borrower and Lersdtr further covenant and agree as follows <br />IB. Acederalioa; Reme~es. iFseept >s provided ~ paragraph 17 hereof, upon Borrower's brnc6 of say coveosat or <br />agreement o[ Eo:rawer i thic Mortgage, iacladirtg the covenants to pay whoa due aer wms secured by t6~ Mortgage, <br />l:.eader pr3rir to ~ ~ ~ aaflce to Barrosrer as provkled is p~r~ 14 boreal specifyi~: (1) the breach; <br />(Z) the atiioa regahed b cure each larweh; (3) a date, oot kas than 3t! days from the date Me aotke is maBed to Borrower, <br />h'! ufaieA mci Meech amt ha erred; and f4) drat faBare to rnre sue6 breae6 oe ~ before ehr date speeitfed is the aotke <br />coq rdeB M xcelaatboa of flat ams smeared by this Mortgrge, forecMsare hl' jadkLd prooeedl~ and sale of the Property. <br />Tfse aslire a6aH fmther Mform Borrower of the right to rehrsfate affu accelera8ao and the right to assert in the foreclosure <br />,1! the aoa-eafaheace of a defatdt or nay other defense of Borrower to xcderalioe and foredosrae. R the breach <br />-boat cored era or tadore the ds& specked ~ the settee, Leader a1 Leader's optba may declare aB of the sums secured by <br />Rds Moe~age to be immediatdy doe and payable without further demaral and may loreefoae by jad(cia! proceeding. Lender <br />drag fee ete>ytled to collect in seek proceed) all expeffies of torecbstue, iadadhtg, Met not Bmhed to, coda of documentary <br />evtdsce, aade>Kb a~ title rr~orh. <br />19. Eorrowes's Rlght to Reimtata Notwithstanding Lender's acceleration of the sums secured by this Mortgnge, <br />Borrower shill have the right ar have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />