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<br />79-,' utj~209
<br />Lender's written agrcement or applicable law. Borrower shall pay the amount of a!l mortgage insurance premiums in the
<br />manner provided under paragraph 2 hereof.
<br />Any amounts disbursed by Lender pursuant to this paragraph 7, +Hith 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 tender to Borrower requesting payment thereof. and shall bear interest from the
<br />date of disbursement a[ the rate payable from time to time an 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. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take
<br />any action hereunder.
<br />g. InspeeHnn. Lender may make or cause to be made reasonable entries upon and insocctions of the Property, provided
<br />the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />interest 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 excess, if soy. paid to Borrower. 1n the event of a partial taking of the Property, unless Borrower and Lender
<br />otherwise agree in writing, [here shah 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 ro 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 tender to Borrower That the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails fo respond tc Lender within 36 days after the date such notice is
<br />maned, Lender is authorized to collect and apply the proceeds, a[ Lender's option, either to restoration or repair of the
<br />Property or to the sums secured 67 this Mortgage.
<br />Unless tender 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 />in brewer Noe Retmxed• F ttension of the time for payment or modification of amortisation of the sums sel:ured
<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. tender shalt not be required in commence
<br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortization of the sums
<br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in ivtercst.
<br />?l. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable taw, shalt 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 ar other liens or charges by Lender shall not be a warner of Ltnder's
<br />right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br />12. Reme~es Ct~eia3he. Atl remedies provided in this Mortgage are distinct and cumulative to any other right or
<br />remeay under this Mortgage or afforded 6y law ar equity, and may be exercised concurrently, independently or successively.
<br />13. Srceessors and Assigns Bound; Ioint and Several i.iabr'iity; Captlotts. The covenants and agreements herein
<br />cnotained shall bind, and the rights hereunder shall inure to, the respective suceessors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. Ail 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 be used to
<br />interpret or define the provisions hereof.
<br />II. Notice. Except for any notice required under applicable law to be gi ^n in another manner, (a) any notice to
<br />Borrower provided for in this Mortgage shall be given by mailing such notice bs 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 Leader 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 given in the manner designated herein.
<br />I5. Uniform Mortgage; (;overnmg Law: SecenbBih'. 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 />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is ]orated. In tfit
<br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shalt not affect
<br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, aced to this
<br />end the provisions of the Mortgage and the Note are declared fo be severable.
<br />16. Bomower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at [he time
<br />of execution or after recordation hereof.
<br />17. Trs~fer of tIx Property; Assrmpteoa. If ail or any part of the Property or an interne therein is sold or transferred
<br />by Borcowtr without Lerder's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Mortgage, (b) fhe creation of a purchase money security in:erect for household appliances. (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) 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 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 aerson to whom ttx Property is to be sold 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 [his Mortgage shah be at such rate as Lender
<br />shad request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in
<br />in[ereat has executed a written assumption agreement accepted fn w•ritirg by Lender, Lender shall release Borrower from all
<br />obligatioat under this Mortgage aed the Note.
<br />If Lender exercises such option to acce~rate, Lender shall mail Borrower notice of acceleration in accm•dance with
<br />paragraph t4 hereof. Such notix 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 ezpiraticn of such period,
<br />Leader may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />Nox-Uxtt'ottut Covexexrs. Borrower and Lender further covenant and agrce as follows:
<br />1& Acceletatios; Reacedjn. percept m provided ~ paragraph 17 6ercot, upon Borrower'e breach of any covenant w
<br />agreeraeat of Eotvower ®fI>is Motgage, iscltulisg the rnvettaots to pay when doe any sums secured by this Mortgage,
<br />li.nder polar b actei rJ.aB man notice to Borrower as provided is paragraph 14 hereof specifying: {1) the breach;
<br />(2) fYe aelisr regsired to erne weY breach: (3) a date, not leas than 30 days from the dNe the notice is marled to Borrower,
<br />by which rtrch brrack moat )K eared; and {d) that failtue to cart such breach on or before ttx date apai8ed in the reotke
<br />mfy teteaB fn aetdnadon of the arms secured by the Mortgage, foroclosurc bY' fttdiciai Proceeding and sak of rite Property.
<br />Tie ratloe ahaB fiaileer bdorm Borrower of the right to reimtate after acceeration nerd the right to assert in the foreclosure
<br />peocaedirK t!e sea•~ee of a defaall or asy ether defetru of Borrower to accderatioa sod fotticlosarc. H the breach
<br />la oat cared os or before flee date apedSed in the notice, Leader at Lender's option maY declare aB of !be soma secured by
<br />fhb Mortgage to bt fomedistsiy dre and WYE vritbort further demand and may foreclose by judtcid prceeedisg. Lender
<br />AsOlle tad to eoBect it ouch proeeedir.d alt ezper~ of foreclosure, i>kluding, bnt cot limited to, costs of docometmry
<br />evideac4 ahatrrru sad tale reports.
<br />19. Barawer's RigYf to ReiaAate. Notwithstanding Lender'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
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