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<br />79- vtj4~y8 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums i^ the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuan4 to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by [his 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 the <br />date of disbursement at [he 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 highest rate <br />permissible under applicable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspection. 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 ir. the Property. <br />9. Condemnation. The proceeds of an}• 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 io 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 Barrower and Lender <br />otherwise agree in writing, [here shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />az is equal to that proportion which the amount of the sums secured b}' this Mortgage immediately prior 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 to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice h}' Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages, Borrower fails to respond io Lender within 30 days after the date such notice is <br />mated, 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 Barrower otherwise agree in writing, an}• such application of proceeds to principal shall not extend <br />ar postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />19. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />`ay iris iviortgage 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 not be required to commence <br />proceed'mgs agairts[ such successor or refuse to extend time far payment er otherwise modify amortization of the sums <br />secured by this Mortgage be reason of any demand made by the original Borrower and Borrowers successors in interest. <br />11. Fotiearaaee by Lender Noi a Waives Any forbearance by Lender in exercising any right or remedy hereunder. or <br />othetsvix afforded by applicable law, shaft eat be a waiver of or preclude the exercise of any such right or remedy. <br />71te procttrement 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 the indebtedness secured by this Mortgage. <br />li C®aLtive. All remedies provided in the Mortgage are distinct and cumulative to any other right or <br />retvedp under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />53. Seeces9ors and AsstigAS Baand; Joint and Several I.iabOity; Captious The covenants and agreements heron <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to ibe provisions of paragraph I' hereof. Ai': covenants and agreements of Borrower shall be joint and several. <br />The captions and helulings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />ivterprei or define the previsions hereof. <br />ld. Notite. Exttpt for env notice required under applicable law to be given in another manner, (al env notitt to <br />Borrower provided for in this Mortgtage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as BatrOG'tf may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shall be given by ttrtified mail, rttum receipt requested, to Lender's address stated herein or to <br />strklt otter addxatis as Loader ma7 decimate by notice to Borrower az provided herein. Any notitt provided far in this <br />Mortgage shall be deemed to have been given io Borrower or Lender when given in the manner designated herein. <br />Ii. Lte~orm MoetL4e: Governutg Law: Severab~fy. This farm of rortgage combines uniform rncenants for national <br />rue and oat-uniform covenants w•itit limited varstions b}• jurisdiction to corstitute a uniform secure- instrument rnvering <br />teal property. This Mortgage stall be governed by the law of the jurisdiction in which the Property is located. 1n the <br />event that any provision or claux of this Mortgage or the Note conflicts with applicable taw, suet conflict shall not affect <br />other provisions of iris Mortgage or tlx Note which car. be given effect without the mnflieting pmvisian, and to ttis <br />e~ Lht ~vis~,„rs of tbe MartB~ and t.`.t tiote ate declared to be severable. <br />lit. Eerrewera CoP9• Barrower shall t+e famished a conformed copy of the Nate and of this Mortgage at the time <br />of execution or afar rsY.ordatioa htucaf. <br />17. Trarafer of tie Property; A~ptioa. tf all ar env. part of the property or an interest therein is sold or transferred <br />by Hwzawer withtwt Lender's prior written consent, excluding (a# the creatilan of a lien or evoumbrance subordinate to <br />thts Mortgage, fb} the creation of a pumhax naone}• secutin• ivterat far household appliances, (c) a transfer by dtviu, <br />descsnt or by operation of law upon rte death of a jnim tenant or (d# the grant of any leasehold interest of [hice years ur less <br />trot contamint :n option to purz:hase, Lender may, at Lender's option, deciarc all the sums secured by this Mortgage to be <br />tmnaediatth~ doe sad payable. Lender shall bout waived such optitm to accelera*_e if, priar to the sale or transfer, Lender <br />and tlx person Ia whole rte Property li [O bt sold Or iransitrrtd reach agretmem in writing that the credit of suet permn <br />s satisfacforr to Letttler and that the interest payable or, the sums secured by this Mortgage shall be ai suet rate as Lender <br />sLaar mqutst_ If Lender bas waivs i tbe at^tian to a;ttie.ete pravidzd in ttis paragrapt i'. oral ii Borrower's succeswr in <br />mtat'Grt has executed a written asstanptimr agreement axepttd in writing by Lender. Lender shag release Borrower from ail <br />dons under this Martgagi sad i)x Nat. <br />If Lender exercises such oprian to accekratc, Lender stall mail Borrower notice of acceleration in accardavce with <br />pira~riplt 14 hereof. Such notitt stall provide a period of nai less than 30 days from the date the naict is mailed within <br />which Borrower may Qey the sums dxtared due. If Borrower folk ro pay such sums priar to the expiration of such period, <br />Lends' may. withoni furtter notice or den,..a on Borrower. invoke any retitedies permitted by paragraph 18 htreaf. <br />Naar-Uxirotut CanE!asrrts. Borrower and Ltndtr furthee covenant and open az follows- <br />18. Atxe3eratitt~ Rem. Eicept ae provided i <br />1 ~ )socts~ ~ Nds M patsgrapb 17 iereof, neon 1orrower's breach of any rnvenaet or <br />ort~aex, iadafie6 tie covenants to pay wren doe any wasa aecared by this !11oat;tate, <br />L,~a~ ~ m >~, adr~ ~ ~, serre+res as provi~d ie paragraph It 6ereM specifyla~: tf) the bread: <br />{~? tYe aetime rsga6ed to ease web becaeb; L3I a dace, sot lees rim 30 days teem the date the Doerr is mailed to Eorrower, <br />hry te-iei wri 6reari avert 19e eeretl; aed i43 tltal fai~trc to ewe snob breach on or before the date specified ig the eotke <br />asq rtsatt i acodtastNee of tie rotas teemed by ~ Aiorfgaae, tortxlocgre by isl proceednag and sale of tie Property. <br />Tie eiNee aiaY fetttier bloom Barrower of tie rijit to re~gate otter aeeetendioa and tie right to asseK ba the forecktrnre <br />!B tfK aae•eair~ee of a tiettaeh or sap o45cr defsax of aorrower to acceieratloa and foreclosara iF tie 6rtacb <br />la eat erred am ae Hrtoae tYe Bite ~ tie notice, Leader ac Ceadtv's option may deciire ati of the amts weaned by <br />fMi m 6e i doe aed payaik witioM tntYber demand and slay foreclose by jadkial proceeditg. Leader <br />ail be asttie:d b collect i tats 1 all a:peaces of foretiowre. utdo~ag, bat aW timked to, costs of dotvmealary <br />t+ldmt:, air+recit aei Nee tgatls <br />lf. linocrdi Suit to Retttrtde. Notwitiatarading Levdtr's acceteratiov of the sums secured by this Mortgage, <br />Borrower stag lave the right to lave aay proceedings begun by Lender to enforce this Mortgage discontim:ed at any time <br />