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7~~ ~'~ <br />Ce--.~ r~ a~initte. i~.w::ncu!' ~rr a~p;rlucstviz pur.~, l~n-rrcu~~se~,r 6 ._. I^2rw~ ,~dti arnswuntit of ayTl~ eri~~-,#~.gr. Gru~i:'r~ace prs~ ~iurss~ ,_. ''rte <br />manrtsr pr;;r,:d_d under petr•~graph 2 'ra.•reo,f. <br />Any a;no~trts disbursed `oy Lender p;srsuanT is this paragra,^ ,;fh interest there.;n, sh.zl3 l~somc additinnat <br />indebiz;iness or_" Barrnwer sesurzd by this _},*.cr?gage. L"pies BarZOwQr a-td~lxo~r agree to ctl:~r t->_rrr=.s ~f psy^-r~nT, <br />amounts shall t>r payable :upor. notice from Lender to Borrower requesting payment thereof, and shall bear-interes? from the <br />date of disbursement at TI*e rate payable from Time to time on outstanding principal v*nder rh„ Npte unt~:s payment of <br />interz°st a2 such rate would be contrar} to applicable law, in-which event such amounts shall bear inTeresT at The highest rate <br />pertrtissiksle ands; applicable Saw. Nothing contained in this paragraph ?shall .*equire Lender to incur any expense or take <br />any action hereunder. <br />3. Iospeetiva. Lender may malts or cause tone made reasonable entries upon and inspections of [he Property, provided <br />that Lender shall give ;3or rower notice pric* tc any such inspeoiion sped yang reasonable cause Thorefor ;elated is F.endzr"s <br />interest in the Property. <br />9. Conajernnat~n. The proceeds of any award or claim for dama¢es. direst er consequential, in canneetion with any <br />condemnation e. other taking of the Property, or part thereof, or for conveYan:e in lieu of condemnation. are hereby assigned <br />and shall b2 paid to Zender. <br />In the event of a tefa3 Taking ,.f the Property. the proceeds shall he applied to fie n;m; szct,red by this Mortgage, <br />with the excess, if an}'. paid to Borrower, In the event cf a partial taking of the Propertc. unless Borrower and Zender <br />aihern°ise agree in writing, there shall be applied to the sums secured by this 'vftartgage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured 6y this Martga~e immediat>.Iv prier to the date of <br />taking bears a 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 />?f the Property is abandoned by d. mower, or if, after rAtiCC by Lender to Borrower that th_ condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 3t) days after the date such notice is <br />mailed, Lender is authorized to collect and apply the jtreceeds, at Lender's option, either to restoration or repair of the <br />Properly or to The sums secured by this Mortgage. <br />Unless 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 installmens refered to in paragraphs ]and 2 hereof or change the amount of <br />such installments. <br />20. Bmrrmwer Not Released. Extension of the time for payment or modification of amortization of the sums se ~~red <br />by This Mortgage granted by Lender ±o any successor in interest of Borower shall not operate to release. in any moons*, <br />flee liab~tity of ing Drip i Borrower znd Borrower's successors in interest. Lender shall not 6e required to comma-.e <br />proceedings against suchsuccessor or refuse to extend time for payment or otherwise modify amortization of the suers <br />secured by t i; Mortgage ~y reason of any demand made by the original Borrower and Bo: rower's successors in inTerest. <br />12. Fc~-~da,-aloes by Zendbr Nat a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar <br />otherwise afforded by applicable taw, shall not ix a waiver of or preclude the exercise of any such right or remedy. <br />The procuranent of insurance or the payment of taxes er other liens or charges by 1 ~•nder shalt nca be a v~•aiver of Lender s <br />right to acceterate the maturity of the indebtedness secured by this Mortgage. <br />22. Remedies Cumulative. Ai] remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under This Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />23. Successors cad Assigns Bound; Joint and Several GiaM'Ifty; Captimos. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph ]7 hereof. All covenams and agreements of Borrower shalt be joint and several. <br />The captions and headings of ins paragraphs cf this Mnrtgaee are for convenience only and are not to be used to <br />imerpret or define the provisions hereof. <br />i6. Notice. Except for any notice required under applicable taw to be given in another manner, (a} any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by 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 oThc: address as Lender may designate by notice to Borrower as provided herein. Any no?ice provided for in this <br />Mortgage shad be deemed to have Deep given to Borrows: or [-ender when given in the manner designated herein. <br />23. 23aifmrm Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants fcrr national <br />us; and non-uni£=:rrtt covenants with limited variations ?ay jurisdiction To constitute a uatifotSYi s~uriry instrument cmvet~ng <br />real property. "[`his Mort;age hall be Rovcrned by the taw of the jurisdiction in which the Property is iccatexl, is the <br />____ _ .._~ any. f,rsv i€;ic: er slat:::. ,,f T:~ 5 Mortgage ar th;. Nvt,°.:; .,.. :?5 with applicable law, S :::;tt ht shat: r - <br />other provisions of this Mortxaee or the Note which can be eiven •effecT without the conflictine provision. and lto this <br />end tYe provisions Gf the Mortgage and the '`ore are declared to be severable. V <br />ao. sorrow=_r`s%apy. i3otrower shah be furnished a conformed copy of the Note and of this Mortgage ar the time <br />of execution or after recordation hereof. <br />29. Transfer of the F*rmperty; Assumption. If ail or any part of the Proper+,y or an interest therein is sold or transferred <br />by Borrower without Cinder's prior written consent, excluding tal the creation of a lien ar encumbranre subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest 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 three years or less <br />not cmntaining an option to purchase, Lender may, at Lender's option. declare alt the sums secured by this Iblortgsge to he <br />immediatel; due and payable. Lender shall have waived such option to accelerate if, prior tc the sale or tranrsfer, Lender <br />and the person to whom the 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 this Mortgage shalt be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if $nrrowcr's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />Zf t:,ender exercises such option to accelerate, Lender shall mail Borrower notice of acceieraticn in accordance with <br />paragraph 14 hereof. Such ncisce shalt provide a period of not less than 30 days from the date the notice is ;~aiied within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Zender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1& hereof. <br />t'=RS ';t-^:'^^t; ^~_,~..,,.,._. ,~.-v,.e. Q..'; Ccnd_r fu Sher covenari a nd agr ~ a3 follon <br />la. Acseieration; r°lemedies. Except as provided is parsgraob i ~ hereof, u_roa Borrowers breach of any coveasnt or <br />agreement mF Bmrrmwt[ to this t~foetgsge, iacladint; the covenants to pay when due any samS seeared by this Mortgagt, <br />Leader prier tm acccteratiaa shalS mai3 mtiee to Borrower as provided is paragraph 14 hereof apecifyiag: (2) ffie breach; <br />(2) the action required ttr cure snch breach; (3) a date, not !effi than 3o days from the date ibe notice k mailed to Borrower, <br />by which snob bre~h mast be cured; and (4) that €aBnre to care soeh breach on or before the date specified in the aotise <br />away remelt ip accelcratioa of ties snn~ sx€ared by tleis Mortgage, foreclosure by j>~ial proseedir~ and soh of the Property, <br />Tl~ notice slash further iaforw Borrower of tine right to reimctate after aeseieratioa cad the right to ~sert is the foreclosure <br />proceeding the aoa-ea~teace of a defatdt or any other ikfeaste of Borrower to aeceisntion cad foreclowre. If the breach <br />is ~ ~nred oa or before fire date specHied io the notice, lxader at Leader's option may declare aB of the s®ac scented by <br />tfiig Aiortgage tm be itratediatefy due end paya6:lee without farther demand sad may foreeEose by judicial proeeediog. Leader <br />obeli ~ entitled to cotleM in s~6 proeeedlag ail expo of foreclosure, indndlag, hot not limited to, coats of docameotary <br />evideate, abidracta sat! iltle reports. <br />29. '~ ;; ;~ t to ;nom No;~r ~hstas~.dirg l.e:.dct s acceleration of the sums secured by this Mortgage, <br />-Tr~••cr shall bar °. ;e rghT to kavp any pro.ings b€gun by Lender fa enforce this Mortgage discmnTinued aT any Time <br />