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<br />79- ~ l! ~ F 3 7 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all 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 reouesting 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 />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest a[ 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. fsspection. 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 consequentiah in connection with any <br />condemnation or other taking of the Property, or part thereof, or fur conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid [o Lender. <br />1n 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 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 immediateh• prim to the date of <br />taking bears to 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 Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages. Borrower fails to reslx nd 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 ar to the sums secured by this Mortgage. <br />Unless Ixnder and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />ar postpone the dtre date of the monthly installments rzferred to in paragraphs i and 2 hereof or change the amount of <br />such installments. <br />18. 12orrowcr clot Releaud. Extension of the time for payment or modification of amortizatmn of the sums secured <br />,..h ~ M~^:'~age g ~~.ad t,}~ t codes to amp successor in interest of Borrower shalt nrn operatz to mlease, in any manner, <br />the liability of the original Borrower and Borrower's ntccessore in interest. Lender shall not Lx required to commence <br />oroceedings against such successor m refuse to euend time for pacmem ar otherwise modifi~ amortizat:an of the sums <br />secured by this Mortgage by reason of any demand made b} the original Borrower and Borrowers sucttssors in interest. <br />Il. Forltraranee by Leader Not a {Vainer. Am- farhearance by Lender in exercisin¢ any right or remedy hereunder. or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of an}' such right m remedy. <br />The procurement of insurance or the payment ai taxes or other'•iens or charges he Lender shall not be a waiver of Lender's <br />right to accelerate the maturih• of the indebtedness secured b}. thi: Mortgage. <br />22. Remedies Cmevlatlre. .411 remedin provided in this Mortgagz are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equip'. and map he exercised concurrently, indzpendenth' or successively. <br />13. Saccessots and Assigns Bow.d; Joint and Several Liability; Captions. The covenants and agreements herein <br />rnnrined shall hind, and the rights hereunder shall inure to. the respective succecsars and as<.igns of Lender and Harrower, <br />sabte.-t to [be provisions of pazagraph 1- hcrzof- Ail covenants and agreements of Harrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are oat to be used to <br />interpret m define the provisions hereof. , <br />ii. Notitr. Exttpt far any ttotitt required under applicable law to be given m another manner, (al any notice to <br />Borrower provided for in this Martgaee shall he given by mailing such notice by certified mail addressed to Borrawrr at <br />the property Address or at such other address as Harrower may designate h}• notitt to Lender as provided herein. and <br />(b) anc notice m Lender shad he given by certified mail. return receipt requested, to L.znders address stated herein or to <br />str.:}t other address as Lender ma}• designate b}' notice m Borrower as provided herein. Anc notice provided far in this <br />Mangagc shall be deemed to have been given to Harrower or Lender when given in the manner t_signated herein. <br />I5, lia#otm Mortgage; Governing Law, SeverabBih~. Th+s farm of mortgage combines uniform cn•enants for national <br />use and non-uniform cmenarts wi*_h limited variations by jurisdiction to rnnstitntz a uniform security instrument covering <br />real propem•- This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br />event Thar arty provision or clause of this Mortgage or the Note conflicts with applicable law. such rnnflict shall oat affect <br />other provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, artd to this <br />end the provisions of the Mortgage and the Vote are declared to be severable. <br />16. Iforrorrer's Cry. Borrower shall be furnished a conformed copy of the Note and of this Mortgage ai the time <br />of execution or after recordation hereof. <br />27. Zrmfer of the Property: Assvmptton. If all ar any part of the Pro~rty m an interest therein is Bald or transferred <br />by Borrower wtthaut Lender's prior written consent, excluding (at the creation of a lien or encumbrance subordinatz to <br />*.hiz Mortgage, fbl the crestion of a purhase money security interest for household appliances. (c) a transfer b}' devise, <br />descent m by operation of law upon the death of a Saint *.cnant or idi the grant of any leasehold interest of throe years or Icss <br />rwt containing an option to purchase, Lender may, ai Lender's option, drelare alt the stuns secured by this Afortgage to be <br />immediateh• due and payabh. Lender shall have waived such option to accelerate if. prim to the sate m transfer. Lender <br />and the persat to wham the Propen~ss to be sold or transferred reach agreement in writing [hat the credit of such person <br />is saiisfacton• to Lender aed that the interest payable an the sums secured b}' this Mortgage shall t+e at such rate as Lertder <br />shall regtxsi. It Lender has waived the option to actxltrate provided in this paragraph ]7, and if Borrower's successor in <br />interest has exauud a wrnen assumption agreement acttpttxl in writing by Lender. Lender shall relaasc Borrower from a!! <br />obligations under this Mortgage attd tlx Votes <br />If I.entrr exercises strch optron to acx~eler'atz. Lender shall mail Borrower notice of accekration to accordance with <br />paragraph 13 hcnrof. Such notice shall pra'.-i~ a ptriad of not less than 30 days from the date the notice is mailed within <br />which Bormwes may pay the st;irts da3arcd d.te. If Borrower fails ro pay such sums prier to the ezpiranon of such period, <br />Lender may, without further rwtict or drat=nd o-^- Bxmu~sr, +nveke an}' remedies pem:+fred by paragraph l8 hereof. <br />Nay_L,t,n~M Cr~r,Awrx>:_ Borrower avid Lrnder iunher cmcnant and agrce a_s tollaws' <br />2& Attderatlos: Re~cdtes. Eice~ as grovidrd fa paradrap6 17 kveof, upon Borrower's breach of say covenant or <br />' of IWmrnrrs i this •r+lortjttge, ;mc2vdtatg the covenants so pay whca dtse any svras seeared 6y this Mortgage, <br />I,e+•ier prier to aecderalioa abaB ma6 mtk-e fo Borrorer as provided in paragraph 24 hereof specifytag: /l) the breach: <br />(2) the attloe tsQadnsd to lac >sieb !>rexh: (31 a dale. not leas tlua 30 days from the doe the eaiicc ~ mailed to Borrower, <br />by tehieh yacb yresch trot 6e toted; and t4) that faBarc to care such breach ov or 6e[orc the date apeti5ed iv [be notlre <br />stq twit b aecderstios ~ the wets secwrd by this ASortga~e, forrelasnre by jvdiciai proceeding and sate of the Property. <br />lye entire /turf father i~orr• Barrorrer ~ the right to reinstate aHer acceleratioe and the right to assert in the foreclosure <br />peoteediv~ the mvice d a defstdt er soy other defense of Bonvwex to accektation and foreclosure. If the breach <br />6 ant cm~ oa a hefase the date epeel6td m the votive. Leader at Lender's option may dertsrc aB of the sums secured by <br />!~ h4ort~lge ~ be iataedialeiy des atr~ p.,vabk without further demand and may forccbae by judicial proceeding. Leader <br />ahaY k esytled to collect ie web proeee~ a6 ettptysec of forcciosarc, iercindirg, bM rwt limited to, coats of docvmevtary <br />evidence, abatratk aad Brie reports. <br />1~. Eerrowels Ridtt to Reieetata Nohvithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower' shah have tbe right to have soy proceedings begun by Lender is enforce this Mortgage discontinued at an}' time <br />