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<br />L~iy¢,o~r!'~.v , ~uilrct.: t ugi~rt;t;m~rad:rtt or appdtca,Filla, l~!u;wp. ~,E~ttrrr-dnri,im s~h,m~lll pelt tl e ,oea~ntsni ~,=~t a01 rni~url,fagc i.m:u3:+ras¢ ~e p.etni~,vrR~i itit tGt~t~~ <br />r€~t~~~rptat.a I??r,+unti~~r~t arnl~ler p~tra2eaph n Ia4:~rtS`.~'Ilf. <br />,~.rty satitourtU~w d"a~sbu:a?d isv Lender pursuant fro il'hus paragraph 7. ~wi¢h irtter~z.~t tberrxrn. shalt 'h~<:ar.~e ad'~dtionaa~V <br />indeb?edncz, * t .rottener .cured by this Ito,^.gage. unless Harrower and Lender agree to other terms of pa.•rttent. sun: <br />amattnYS ska'=.i 'r= _ able {cs; notice :rasa Ler+rf~r t_~ 1?:arrawer requesting payment ;he=;,rf. end chart bear lrt~rtst fr-am t <br />date of disbars mere[ zt the rate payable from tune to time on outstanding principal under rtes Nate tmlrs payment of <br />interest at s!~ch me would 'ce cana.rary to applicable law. in which even! snob amounts shall bear interest at the highe;i rats <br />pcrmiss;ble under applicable iaw. Nothing contained in tads paragraph ? shall require Lender to incur any expellee or take <br />any action beret:ndar. <br />a. iit~pe~?ian. Le;.der may make or cause to be made reasonable entrees upor, and inspections of tilt Property, provided <br />that Lender _-hald give Borrow=.r no4dc, prier !a any such inspection specifying reasonable cause therefor related to f_endet's <br />interest in he Property. <br />~. Condcmnstion. The proceeds of any award ar claim for damages. direct or consequential, do connection with ary <br />condemnot+'or, or other taking of 4he Proper[}•. or part thereof. ar for ecnveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Leader. <br />in the event of a total taking of the Propertn', the proxeeds shali be applied to the sums secured by ibis Mortgage, <br />width the excess, if any, paid to Harrower. In the event of a partda7 taking of the Property, unless Harrower and Lender <br />atherwist agree in writing, there sl!~ii be applied za the sum; sectEred by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Martga~ce rimmed*ately prior to the dais of <br />taking bears to the fair market value of the Property immediately prior to the date of taking. wi*.h 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 ar settle a claim for damages, Borrotiver 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 restnratien or repair of the <br />Property ar to the sums secured by this Mortgage. <br />1Jnless Lender and Harrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereofi or change the amoun+ ^f <br />such irstailmenis. <br />80. H.;rr3aer Noi B'aleased. %xtension of the time for payment or modification of amortization of the sums secured <br />by this Mort,=ge grantee by Lender io any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability at` fire original Borrower and Borrower's successors in interest. Lender shalt not he required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />Secured by this Marr¢ane by reason of env demand made by ih nrioinal Rn r and Rnrr wer's s~~crecsn in ntei~at. <br />-~-~- -- ~ --- -~---- -..e ---a----~ --rawer --a --- rs t <br />;!I. I?orbearaace by Lender Not a R'aiver. Any forbearance by Lender in exercising arty right or remedy hereunder, or <br />athenvise afforded by applicable law, shall net be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or [he payment of taxes or other liens or charges by Lender shall not be a waiver of Lenders <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />I2. Remedies Camalative. Ali remedies provided in this Mortgage are distinct and cumulative to any other right ar <br />remedy under this Mortgage or afforded by taw ar equity, and may be exercised concurrently. independenNy or successively. <br />13. Snceessors and t~sslgns Hound; Joint and Severs! f,isbility; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successor and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenanu 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 not to be used to <br />interpret or define the provisions hereof. <br />a4. Notice. Except far any notice required under applicable iaw to fie given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice 6y 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 Halite to Lender shall be given by certified mail, reRtrn receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Harrower as provided herein. Any notice provided for in this <br />"~ortgag: sha',I 1-~° ds2m~d Ya l:av~ `.,.~_ =gin to Barrow~r or Lender whore giver in the manner desigaatod ts, zin. <br />I5. Uniform Mortgage; Governing Law; SeverabBity. 'Ibis form of mortgage combines uniform covenants far national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument rnvering <br />real praperey. This Marigace shall be governed by she law of the jurisdiction in which the Property is located. In the <br />-nn4 twat n nrJyi£!an a ^ia!'s:: of this Mortgage ar Ehe Nate Canfiiet4 with n i:ra(ita la':', ancli ".refits[ gi.,all hat ~Kwt <br />other provisions of this Mortgage or rite Note which car. be given effect without the conflicting provision, and to this <br />er~d tae pro°isians of 4h~ iFta.igagc area' the Note at>v declared fa be severable. <br />~:,-awes C€.vy, B~=~+°zr aha:l ba furnished a crrfar~d espy of the Nate, ant; of thls Mortgage= at ffYti tip z <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 sold or transferred <br />by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (cl a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or fdl the grant cf any lea~hold interest of three years or ices <br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale ar transfer. Lender <br />and the person to whotn 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 shall be at such rata as Lender <br />shall request. if Lender has waived the option to accelerate provided in this paragraph 77, and if Borrower`s successor in <br />interest has executed t written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such apidon 20 accelerate, Lender steal! mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shalt provide a period of not less than 30 days from the date the notice is mailed within <br />which Barrawee may pay the sums declared due. If Borrower fails to gay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph !8 hereof. <br />^TY~_ 't.f-^^M La3•~::p.Rvs, ~arrawer and Lender further cave, ant and agree as €allavs: <br />YB. Aeceierafiou; ~memes. i•:xcept as provided in osraGraoh 17 hereof, upon Boerower's breach of any covenant or <br />agreement of Borrower in ibis Mortgage, inslrtding the covenants fo pay when due any sums secured by this Mortgsgq <br />((.ender prior tta sceeksation shall map notice to Harrower as provided la paragraph P4 hereof specifying: p} f$e breach; <br />(2) t~ action required {o cure such breech; (3) a date, not lei than 30 days from the date the aatice ~ mailed to Borrower, <br />by which such bleach mt~t be cared; and (4) that faHurr to care such breach on or before the date specified in the notice <br />they scent[ In ~~eleraY#m aE the suttee secured by this Mortgage, doeeelosnre by judicaa! proceeding and sale ~ the Property. <br />The notice shalt further inform Borrower of the right to reit~tate after acceleration and the tight to assert in tits foreclosure <br />proeeediag the nott~iste~e of a de•.ault or any other defense of Borrower to acceleration and foredostrre. U the breach <br />is hat cured on or before the date specified in the notlee, Lender at finder's option may declare all of the stuns secured by <br />the Mortgage M ire tmmed'astety due sod payable without further demand and may foreclose by judicial proceeding. Lender <br />steal! be entitled to rn@ect is each proceeding all eaperoes of fonebsetre, including, bnt not Hmked to, costs of documentary <br />ev'tdeace, alptracts aau3 tf4le reports. <br />iii. °maeeawe~rTs ici~t to iceinsiate. Naiwithsfanding Lender's acceleration of the sums secured by this Mortgage, <br />Harrower shah have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />