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<br />~9--~~u~4~U5 <br />Lender's written agreement or applicable taw. Borrowe: shall pay the amour+.t of all mortgage irsurance 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 additiana! <br />indebtedness of Borrower secured by this Martgage. Unless Borrower and Lander agree to other tetrts of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursemtnt ai the rate payable from time to time on outstanding principal under the Nate unless payment of <br />inierat at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highesf rate <br />permissible under applicable law. Nothing contained in ibis paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />0. lmPsdou. 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 sped. ding reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. CoadtmeaHon. 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 far conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a tofu! 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 Martgage such proportion of the proceeds <br />as is equal [o that proportion which the amount of the sums secured by this Mortgage immediately priar to the date of <br />taking bears to the fair market value of the Property immediately priar to the date of taking, with the balance of the proceeds <br />paid fo Borrower. <br />If [he 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 principa3 shall not extend <br />or postpone the due date of [he monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Nof 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 repast, in any manner, <br />the tiabil$y of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against sueh successor or refuse to extend time for payment or otherwise modify amortization of [he sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />21. Fori4nrasee 69 Gender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shall not be~ a waiver of or preclude the exercise of any such right or remedy. <br />The procurtment of insurance or [he payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />tight to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cmnabrtive. All remedies provided in this Mortgage are distinct and cumulative to any ocher right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Successors aed Assigns Bound; Joint aml Several 1,iabltity; Captions. The covenants and agreements herein <br />contained shalt bind, and the rights hereunaer shall inure to, the respective successors 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 paragraohs of this Mortgage are for convenience only and are nut to be used to <br />interpret or define the provisions hereof. <br />I0. Notice. Except foc any notice required ut+.der applicable law ro be given in another manner, (a) any notice to <br />Borrower provided far in this Mortgage sha:i be given by mailing such notice by certified mail addressed to Borrower at <br />fh2 Property Address or at sash other address as Borrower may designate by notice [o Lender as provided herein, and <br />(b} any notice to Lender shall be given by ceru@ed mail, return receipt requested. to Lenders address stated herein or to <br />sueh other address as Lender may designate by .entice 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 />15. Uniform Mortgage; Governing L•aw; Severab0itr. This form of mortgage combines uniform covenants far national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform se=urity 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 />even[ that any provision or clause of this Mortgage or the Note conflicts with applicable law, such canftict shall nor affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />and the provisions of the Mortgage and the Nete are declared to be severable. <br />36. Borrower's Copp. Borrower shall be furnished a conformed copy of the Note and of this Mortgage a[ the timt <br />of execution or after recordation hereof. <br />17. Traasfs of tare Property; Assumption. If alt or any part o€ the Property or an interest therein is sold or transftrred <br />by Borrower without Lenders prior written consent, excluding (a) the oration of a lien or encumbrance subordinate to <br />this Mortgage, (b) the ueation of a purchase money security interest for houxhold appliances, (c) a transfer by deviat. <br />descent or by operation of law upon tht death of a joint tenant or (d) the grant of any leaseF.old interat of three years or less <br />not containing an option w purchase, Lender may, at Lender's option, declare alt the sums cured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sap or transfer, Linder <br />and the person to whom the Property is m be sold or transferred reach agrcemtnt in writing that the cr~it of such person <br />is satisfactory to Ltnder and that the interest payable on the sums secured by this Mortgage spoil be at such rate as L.tnder <br />shall request, I#. Lender has waived the option to accelerate provided in this paragraph 13, and if Borrower's successor in <br />inttresi sus executed a written assumption agreement accepted in writing by Lender, Lender spoil release Borrower from alt <br />otdigations under this Martgage and the Note. <br />if Len~r exercises such option to accelerate, Lender shall mail Harrower notice of acceleration in accordance with <br />paragraph l4 heemf. Such notice shalt provide a period of not less than 30 days fram the date the notice is maned within <br />which Borrower may pay the sums dcelsrsd due. If Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender may, withaui further notice ar demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Na+-UtvtFmnt CovexetvTS. Borrower and Lender further covenant and agree as follows: <br />1& Aecelention; Remedk, Er<ttpt as provided in paragraph 17 hereof, upon Borrower's 6resch of soy co-ensrt! or <br />a of Barrows i tits Mortgage, ®duding the covenants to pay when due any soma secured bq this Mortgage, <br />Lestder prior to xtekntlon sio0 maB notice to Borrower as provided io paragraph 14 hereof specifying: (1) the breach; <br />(2j tie action rgdred to cure such Tsreach; (3) a date, riot less flan 30 days from fhe daft the rrotlcs is mailed to Borrower, <br />h3' wikh sueh br+eaei mast fie cured; and (4y that taBnre to cure such breach on or before the date specified Fn the notice <br />tnq sesak ®atlon of the cares rssemed by this Mortgage, [orecbsnre by Jud&fal proeeed(og and sak of the Property. <br />the aotiee shell Earths idorm Borrower of tit ri66t to rehrc0ate offs acttkration and the r~bt to assert is the forecfosare <br />prae 8tf nna-txbttet:e ~ a defat~ ar any oflxr defetrse of Borrows to aecekratioo and forecloenre. Ff the breuh <br />i not egad oe ~ be[are the dste spetlied bt tie notice, Lends at Lender's option may declare ad of cis sums secured by <br />fldt Mostgaga to fie inmedbddy ds>e and psya6le without turner demand sad nwy foreclose by judicial proceeding. Lander <br />dry 1K esrtltled hr ealkd is aaeh proeeedhK s® exptma o[ [otecbsurc, inrtadhrg, but not Staked to, coats of docameatsry <br />a6~ sad tkle reports. <br />19. Berrawets Rlght b RekstMe. Notwiths'.anding Lender's acceleration of the sums set:ured by this Mortgage, <br />$orrower shall Gave the right to have any proceedings begun by Lender to enforce this Mortgage discontinued a[ any time <br />