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~gW~w Y~i~'.;~~!~';N <br />Y.x,n:lea'.s I,te!r!! tuihs,:emuc~t ar aippl:rabl+: V;ivu. Barrowwer sltail pay ii':e itrnr;i•,nrt, of ;tlli mt,!nlir!eg;e iassvranc,e pre!ttati~t,rn+; in rrF:; <br />rna!nnnicr lore„ode,:€ t~tnder paragraph e~ he!ne~t~f. <br />Any amounts disbursed 6y Lender p~~rsuant Ta this pa.*agraph ?. with sn;trest ihvrxnn, shall beccn:x additional <br />indeb*ednes; of Hnrrnwer ~iured by this hficrtgagx. Unless Borrower and 1_er.de: agree to other Terms cf payment. such <br />amounts shall lx payable upon antic-~ from Lender to Borrower requesting pzymint thereof. and shall bear interest from the <br />date of disbu,}_tnent at lice rate payable from time to time an outstanding principal under the Note tmless payment of <br />interest at such rat: would be canL-arc to app?icabli law. in which event such amounts chap hear interest at the highest rate <br />perm,issibie under applicable law. Nothing r_ontained in this paragraph 7 shall require Lender to incur any expense or take <br />any aitiett hereunder. <br />S. tnspertcon. I_xnder may make or cause to bx made reasonable entries upon and inspections ai the Property, pravid:.d <br />[hat Lender shall give Borrower notice prior to any such insnectian specifving reasnnahle cause therefor related to lender's <br />in[ers£ in the PrapetYy. <br />9. Corsemnation. The proceeds of any award or claim for damages. direct or consequential, in cornectinn with any <br />condimnati in ar other taking of chi Property. or part thereof, or fer conveyance in lieu of condemnation, are herehy assigned <br />and shall bx paid to Lender. <br />In the event of a total taking of the Property. the proceeds shall hi app!ixd to the cams secured by this '•Lortgage. <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 chat proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prier to [he date of taking, with t1-e balance of [he proceeds <br />paid to Borrower. <br />1f the Propert}' is abandoned b~; Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Borrower fails m respond to Lender within 30 days after the date such notice is <br />mailed, Lender is aufhcrized to collect and app!}• the proceeds, at Lender's option. either en restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Un?ess Lender and Harrower otherwise agree in writing, any such application of proceeds m principal shall oat r;rind <br />or postpone the due date of ehc monthly installments referred to in paragraphs ?and ?hereof cr change the amount of <br />such installments. <br />ib. Borrower Not Released. Extension of the time for payment or modificat'son of amortization of the sums secured <br />by this Mortgage granted iw Lender tc any successor in interest of Borrower shall not operate to release. in any manner, <br />the liability of titx orieir~ai Borrower and Borrower's successors in interest. Lender shall oat ire required to commence <br />proceedings a_..:inst such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured bv' this '"ortgage by reason of any demand made by the original Borrower and 8orrower's successors in interest. <br />11. ~l+arbearance by Lender Not a R'aiver. Anv forbearance by Lender cn exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shall not he a.waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or ether liens ar charges by Lender shall not be a waiver of Lender's <br />rightra accelerate the maturity of The indebtedness secured h}' this Mortgage. <br />t2, Remedies CumutaHve. All remedies provided in this Mortgage are distinct and cumulative to an}• other right or <br />remedy under this Mortgage or afforded by law nr equity, and ma}• he exercised concurrent)}'. independen*.ly or successively. <br />13. Successors and Assigrss Bound; dolor and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and ffie rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject io the provisions of paragraph 17 hereof. AlI covenants and agreements of Borrower shall be joint and several. <br />Toe captions and 'Headings of the paragraphs of this Mortgage are for convenience only and are oat to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided fer 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 I_cnder as provided herein, and <br />(h) any notice za Lender shall he given by certified mail, return receipt requested. to Lender's address stated herein ar to <br />such other address as Lender may designate by notice to Barmwer as provided herein. .Anv notice provided for in This <br />Mortgage shall tx deemed to have been given m Borrower or i_ender when given in the manner designated herein. <br />Ifi. Uniform 14foYcgagr; Governistg Law; Severabilih'. This form of mortgage combines uniform covenants for national <br />~_= ° ,., , -. =~',:„ i- -ran,- with ?imitcd variaeians ny jurisdiction to constitute a uniforns security cnstntmenT covering <br />real trot.;..--*,7V ~'f:tic Mortgagxsshall bx governed by the ?aw of the jurisdiction in which the Property is located. in the <br />event that any provision nr cla,:se of this ?sfiortgagi nr the Note conflicts with applicahic law, such cnrflict ;hall not affect <br />a.s.e, _ <br />~-.. , ~v"°: ;-s .F •`is 32c„gaoc or the Note whiff-n can 'n€ given ?ff=Ct 4:it?tOt:*, ahx Cnn=."tietin;; prnvisian, and *,a t,,., <br />end the~orosfisien.<. af~thx 't4origaee and the Natc ,ire declared to 6? severahi~ - <br />iio`. Borrower's Copy, norrower shall be furnished a conformed copy of the Nate and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is said or transferred <br />by Hnrrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinaee to <br />this Mortgage, (h) the creation of a purchase money sceurita' interest far household appliances. (c) n transfer by devise, <br />descent ar by ; potation of law upon the death of a joint tenant or (d> the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at 1 vnder's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. L.entler shall have waived such option to accelerate if, prior to the sale or transfer, Linder <br />and the person to whom the Properly is to 6e 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 shat{ be at such rata as Lender <br />seal[ request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower'. successor in <br />interest has executed a written assumption agreement accepted in writing by Linder, Lender shall release Harrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to aceeleratc. ! Winder shall mail Borrower notice of acceleration in accordance with <br />paragraph i3 hereof. Such notice shaiE provide a period of not Icss than 30 da}'s from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior m the expiration of such period, <br />Lender may, without further notice or demand at Borrower, im~nke any remedies permitted by paragraph I8 hereof. <br />Note-UNIFOaMI COVENntVTS- Harrower and Lender further covenant and agree as follows: <br />P$. Accpleral3on; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of euy covenant ar <br />agreement of Borrowersn this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />tender prior to accekretion shad mail rmtice to Harrower ax provided in paragraph 14 hereof specifying: (1) the breach; <br />(S) the action required to cure such breach; (3) a date, trot less than 3f1 days from the date the notice is mailed to Borrower. <br />by which such breath mast be cured; and (•3) that facture to care such breach on or before rise date specified in the notice <br />tnay result in aecekratlon of-the surtrs secured by this Maetgafie, foreclosure by jndireal proceedngg end sale of the Property. <br />The notice shall fnrlher inform Harrower of the rgtht to reinstate after acceleration and the right to assert in the foreclosure <br />psoceedc~ the Han-existence of a default ar any other defense of Borrower to acceleration and foreclosore. If the breach <br />is•nsM cured an or before the date ;pecifird in the notice, Lender at Lender's option may declare alt of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. LerMer <br />shag be entiL+%d to collect in such proceeding alt expenses of foreclosure, including, bm not limited to, costs o[ daeumentary <br />=vidknre, af~tr~ts a~ ±i:k rr+,c. <br />1$ oorrorter's ° ght '-°.2ia:;at2. Nctwitl;siariding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shat! have the right to have any proceedings t_rcgvn by Landes to enforce this hlort_agi discontinued at any time <br />