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<br />79-°~vu`~~5~' <br />Lender's written agreement or applicable law. Borrower shall pay the amount of ail 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, shall 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 Lender to Borrower requesting paymen4 thereof. and shall bear interest from the <br />date of disbursement of 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 shat! bear interest at the highest rate <br />permissible undee applicable taw. Noehing contained ir, this paragraph 7 shall require Lender to incur any experse or take <br />say action hereunder. <br />8. Ensltecfion. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that 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 />cordemnation or other taking of the Property, or part thereof, or for rnnveyanre in lieu of condemnation, are hereby assigned <br />and shall be psid 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 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 [he sums secured by this Mortgage such proportion of the proceeds <br />as is equal Yo that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears fa [he fair mazket value of the Property immediately prier to 4he 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 6y Lender to Borrower that the condemner offers to make <br />an award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date stash notice is <br />mailed, Lender is authorized to collect and apply the proceeds, a[ Lender's option, either to restoration or repair :r tbe <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 shalt not extend <br />or postpone the due date of the monthly installments referred m in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />1° =o,.rt,.m; w.t R ' Fxtensian of ehr r;_mr far pa . east nr 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 Borrower's successors in interest. Lender shall no: be required to commence <br />proceedings against such successor er refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason at any demand made by the original Borrower and Borrowers successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar <br />otherwise afforded by applicable law, shall not be ~ a waiver of or preclude the exercise of any such right or remedy. <br />The prrocurement of insurance or fire pavment of taxes or other liens or charges by Lender shalt not be a waiver of Lender's <br />tight to accekrafe the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies C®nl~Fvt. Ali remedies pro-vided in this Morgage are distinct and cumulative to any outer right or <br />remedy under this Mortgage or afforded by Saw or equity, and may be exercised concurrently, independently or successively. <br />13. Saecrosors and Assigns Bormd; Joint and Severs) I.iabr7ity; Captions. The covenants and agreements herein <br />contairted shall bind, and the rights herevrtder shall inure to, the respective sucressors and Assgns 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 />Tise capiiaas acid headings of the pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or defiee the provisions hereof. <br />14. Notice. Except for any twtice required under applicable law to be given in another manner, (al 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 Yo Lender shall be given b}• certified mail, return receipt requested. to Lender's address stated herein or to <br />strctt other address as Lender may designate by notice m Borrower as ptotided herein. .Any natice provided for in this <br />Mortgage shall be deemed to have been liven is Borrower or Lender when given in the manna: designated herein. <br />IS. Utsiform Mortgage; Govetniag Law; Seve.~h8rty. This farm of mortgage combines uniform covenants far national <br />rue and non-turiform cotenants with limited variations by jurisdiction to corutitute a uniform security instrument ~vering <br />[eat property. This Mortgage shall be governed by the law of the jurisdiction in which the Proptrty is locattd. In the <br />event that any provision or clause of this Mortgage or the Note canflicis with applicable law, such conflict shat) not affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />16. Borrower's Cogs. 13ortower shalt be furnished a conformed copy of the Note and of this Mortgage at the time <br />of exttution or after recordation hereof. <br />I7. 7lvnder of the Property; Assamption• If all or any part of the Property or an interest theroin is sold or transferred <br />bs Borrower without Lert~rs prior written consent, excluding (al tFte creation of a lien or rncumbraittt subordinate to <br />this Mortgage, {b} the taeation of a purcha~ money securin• interest far houxholt appliances, (c) a transfer by devise, <br />descent or by operation of law upon [he death of a joint tenant or tdt the grant of any leasehold interest of three peen or less <br />not containing m option to purchase, Lender may, at Lender's option. declare all the sums secured by thin Mortgage to be <br />immedistely due and payable Lender shall have wsived such option to accelerate if, prior to t}x sale or transfer, Tinder <br />and the person to whom the Proeerty is :o be sold or transferred reach agrcemert in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by it.:: Mortgage shall be at such rate as Lertder <br />shall request- If Linder has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />lateral has executed a w-rittea rnsuntption agreement accepted in writing by Lender. Lender shall release Borrower from ail <br />oiiligatians older this Mortgage acid the Note. <br />If Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph t4 hereof. Such notice shat; provide a period of not less than 30 days from the date the notice is mailed within <br />v'hich Borrower msy pay Y'x su, is ~ctarrd dirs. If Borraucr faik to pay suc4t sums prior to the ettpiration of such period, <br />Lender may, without further tMtiet or demand an Harrower, ir_toke any remedies permitted by psragraph 1 iS htrmf. <br />Nart-Uxttroata CavtexetKis. Borrower and Lender further covenant and agree at follows: <br />18. Aredstatiert; liteteseffise Fseept as prarided b pangraph 17 hereof, upon Darrower's 6reseh of any cnrertaat w <br />tt of Borrower b fhb Mortgage, btKtad{r~ the covenants to p.y when sae any mina secured by fhb Mortgage, <br />Leads paint to aeedera8on sbaB ~ notice b Borrower as provided im paragraph 14 hereof specifybg: (t) the breaeb; <br />(2} Ute ttsfioa rtzgdred to cue web 6rearh; {3) a doh, not Iem than 3o doss from the date the tsetke b ma8ed Eo Borrower, <br />by trltieh mob -aeac6 tt~ be cared; sod {4) tier faterre to cue such breach o0 or before the date specified b the notice <br />mty tnnai! ~ ateahnatloe ~ the wrt[ss eecared bS ~b Mortgage, fomtowre by f edicie! protetdin8 cad sde of the Property. <br />'The tttadee ttbaB leather Idotrm 16errewer of the right W rehtatah after xceieralbn and lbc right to assert in fire foreciaaare <br />I the ease of a ddalt ar say other dcteese of Borrower to asceieratfoa sad forecMwre. tf the breach <br />b eat et>md on or feature ~ doh spetiied ht Mre ttotite., ).ender at Lend-.r's option may deeiarc aH of the soars securod by <br />!hb 11geeRptge to 6e due and ptya$lfe wiabott tnrthu demand sad may foreclax by jtrdiclal piroceeditrg. Lender <br />free fx etttBCed to toeeM h web prwceedng ae eirpeaaa of tmteciosnre, Itxiuteog, but tint Bmked to, torts of documentary <br />a-liwec, ahatraeht and tine ttepatis. <br />1!. Durorret's Elm to Bebrkah. Notwithstattding Lender's acceleration of tht sums secured by this Mortgage. <br />Borivrver shall have the tight to havt any proceedings begun by Leader to enforce this Mortgage discontinued at any time <br />