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<br />79-• ~ l" 4 ~ 8'7 <br />Lender's written agreement or spplicable !aw. Borrower shall pay the aatount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />.4ny amounts disbursed by Lender pursuant to [his paragraph 7, with 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 Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />intemt 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. >lns7rrcHon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />[hat 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. Cotademuadae. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />rnndemnation or other taking of the Property, or part thereof, or for rnnveyance in lieu of condemnation, are hereby assigned <br />and shalt be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shalt 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 shat! 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 Martgage immediatei}• prior to the date of <br />taking bears to the fair market value of the Propert7 immediately prior to the dare of taking, with the balance of the proceeds <br />paid io Borrower. <br />if the Propert}• is abandoned by Borrower, or if, after natice by Lender to Borrower that the condemnor offers to make <br />art 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 Afortgage. <br />Un]ess 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 irstallments referred to in paragraphs 1 and 2 hereof nr change the amount of <br />etch iactall ..,,r< <br />]8. Borrower Not Rekased. Extension of the time far payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Bonower shall net operate ro release, in any manner, <br />the liabilit}' of the original Borrower and Borrower's successors in interest. Lender shall net be required to commend <br />proceedings against such successor or refuse to extend time far pa}•ment or otherwise modify amortization of the sums <br />sxured by chic Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />1. Farbearaoce 6y Lender Not a Waiter. Rnc forbearance bs Lender in exercising am' right ar remedy hereunder, or <br />ailgrwise afforded by appiipbk taw, shall net be a waiver of or preclude the exercise of any such right or remedy. <br />The pinctirensen[ of ittsurance or the payment of taxes ar ether liens ar charges by Lender shall net be a waiver of Lender's <br />right to accekrate the maturih of the indebtedness secured by this Martgage. <br />u Retmedes Crma~ne. _411 remedies provided in this btortgage are distinct and cumulative to any ether rigfit or <br />remedy under this Mortgage or afforded by law ar equiv. and may be exercised concurrenth', independently or successively. <br />13_ Sacce~ars and Assigns Bobad: Joint and Several Listr~ty; Captions. The covenants and agreements herein <br />contained shag bind, and tbe rights hereunder shalt inure to, the tesp,,ctive successors and assigns of Cender and Borrower, <br />subjeM to the provisions of para¢raph 77 hereof. .411 covenants and agreements of Borrower shall be joint and several. <br />Ttte caPtiom and ttudirtgs of the paragraphs of this Martgage are for convenient- only and are net Eo be used to <br />interpret or defitx the provisions hereof. <br />I~. Netim Except fw any notice required under applicable law ro be given in another manner. (a) any notice to <br />Borrower provided for in this Mortgage shall be given b}• mailing such notice by certified mail addressed to Borrower at <br />the Prope*y Rddtess or at stw-h ether address az Snrrower may designate b}• notid to Lender as provided herein, and <br />(b) any nonce to Lender shag be given by cernfied mail, return redipt requested. [o Lender s address stated herein or to <br />su.h other address as Lender may designate by natice to Barmwrr as provided herein. Rm~ notid provided for in this <br />Martgage shaIf be deemed to have been given to Borrower ar Lender when given in the manner ~esi¢nated herein. <br />I5. E3nl(nr>B AlortgaEe; Gorreraug Law; Severabil'ih'. This farm of mortgage combines uniform .ovenants for national <br />use and ttoo-uniform covrnants with limited variations by jursdiction to cottstiture a uniform sa:urin' instrument covering <br />rtat property. This Mortgage shall be gaverrted by the law of the jurisdiction in which [he Property is located. In the <br />everii that any provision ar c}suse of this Mortgage or the 'r'are rnnfticts with spp}itabk law, such canfiiet shall not affect <br />other provisions of this Mortga¢e or tilt Nate which wn be given effect without the conflicting provision, and to this <br />rnd the provisions of :be Martgage and the Nate are declared to be severable. <br />If. lorrower's Copv. Borrower shag be furnished a rnnfarmed copy of tlx Note and of this Mattgage at the tittle <br />of execution or abet tecortiatioa hereof. <br />I7. 'Inrsfer of tie Trogetty; Assumption. If all or any part of the Property or an interest therein is sold or transfernd <br />by Harrower wahout Lender's prior written ronsent, excluding (a) the creation of a lien ar encumbrance subordinate to <br />this Mortgage.. (b) tiro creatiat of a purchase money stcurin~ interest fir household appliances, (c) a transfer by devise, <br />dec~t or by operation of law upon the death of a ;Dint tenant or (di the grant of any leasehaW interest of thrtx years or less <br />not containing an optiozs to purchase, Lender may, az Lender s option. declare al! the sums secured by this Mortgage to be <br />imr7rediatti}• due and papablt. Lender shall have waived such optian t, accelerate if, prior to the Bak ar transfer. Lender <br />aed the person to whom the Property is to be said ar trsnsferted reach agreement in writing that the credit of such person <br />is >~tafactta}' to Lender acrd Shat thz interest payable on the rums secured b}° this Mortgage shalt be at such rate as Lender <br />shag itoquest. If Lender has waived the option to accelerate provided in this paragraph t?. attd if Bormw•er's successor in <br />iaterrst has executed a w-rirtea asutmpti~ agreement acctpted in writing by Lender. Lender shall rekase Borrower Pram ail <br />obligations under this Mortgage a~ the Natl. <br />If Leader exercises such apiion to accekrate, I.tnder shall mail Harrower notid of acceleration in adordartd with <br />ptuxgraph L4 hereof. Stitch aotict shat provide: a ptriad of rn~t less than 3Q day= from the daft the notice is marled within <br />which Borntwsr may pay the stuns declared due. I[ Borrower faits to pay such Burns prior to the expiration of such period, <br />Leader may, without ftrrthrs notix or demand en Sorrawxr, irvole any remedies permitted by paragraph t 8 hereof. <br />Nt>N-Uxmoata Cov~t:exrs. Harrower and Leader further covenant acrd agree as falta~ws: <br />1g. Acsxleeatio~ Romedka. Exeepl as proms b ptnagrupb 17 hereof, upon borrower's brexic of auy coventnt or <br />sf berrnarv L tlds Moripge, isrrladitq ttse roveuants to pay when due nay saws secured by this Mortgage, <br />Ltairsr prier m aceeleaatita ahab toad tsotiee to boerower as provided U pufgraph /4 hereof speeifykg: {I) tM breach: <br />C2? ~ trkSan rMaie'd to else cruel ht~ (3) a dale, not kas tints 30 days tram the date the notice k coaled to borrower, <br />~ trim racy hear! asr•1 ie erretl; stud id) that faHwe to cure mch breach a a before the die specified ie tie oodce <br />aaq rude d acai~ea od tie taus scented by lids Morlhge, forscfosare by jsdieial praaecdieg and sde of the Property- <br />2ie tsrstice tdaY fattier itefeam borrower of the right to reinsaole after tscs~iaatlon sad the right eo assert i>r the foreclosure <br />ptttatetatbts; fie aesrece of a detaak or nap offer defense of Borrower to acceleration anti foreebsare, TE the breach <br />k not card an x before ~ dote t is Err aoEice, Istsdet as Lsodtr's optbu may declare all of the sums secured by <br />t>~. as«txaee to be i der ace? payaiie wigtonc fsrrtier deraaed acrd may fareeiose by iadfrbl ptvaeetding. Leader <br />tit ie tsaff~ed to swbtst ~ tact proceedLg al( nrpestxs of fotstclosnrc, lecindir~, iuA not bruited tq costs of docnmeettsry <br />e+lie~ alts4acta sad die reports <br />19. ]asrewn'i ~ sa Item. Notwithstanding Lenders acdltraiion of the sums secured by this Mortgage, <br />Bortvwer shall Invt the right to have any proceedings begun by Leader ca enforce this Mortgage discontinued at any lime <br />