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«~u,w~ ti,llt al..~',~e.,,l91,.~,.wi~.w~$ <br />Leiaia9'~ku ~~dnilta;r~a argre;trn~+:nit +,r aapliealbie 'llau~+u~. lta~rr~rwie,r s9±,ulll liay thse xanc9titut i,ar ,~i'.l rrr?mf~_r3;e in~9rroi ~n~,.e Iw~r:..uu+.um~~rei ii,n, ~~r),r: <br />r~arara~~r c~r'c+u,ida•~cI uxt;l'er ~,;:arzrap[r 2 '~rw,oi,"". <br />f~ting• aernouroNLS drsb~ussed by ]Lzader~ p~eTrstwvut to tPei~3 pae`xgre7~h r,•rth interest t~•cr~•n. s'Fr~a41 be~c+.•nrc ad:.'i~tisY~~rai <br />indebt;,daess n* E_: rowzr se.^ured by tzris !.iortgage. Iniess Borrower zed 1_ender agree ra ether tens of paymem. u_it <br />- ,...r;ts ,a., . ayrble =- earl trctic- om ..ender to Ile^awet r;.q:v-,ling par:bnt thes:~.' and =hat= :mar imzeest fearer tftz <br />date of disbursement at the rate payable from ti.^te to tine an outstanding prncipal vader the 'yore unless paymea: of <br />intermit at such .*ate :=~auld bz oantrar}• tc applicable law. in whip?; event such amounts shall bear interest at the higfiest ;ate <br />permissible under applicable law. Nothing rontained in this paragraph 7 shall=equine Leader to incur any expenx or take <br />any action hereunder. <br />8. Inspecrloa. Lender may make or cause to be made reasarable entries upon and inspections of the Property. provided <br />that Lender shalt give Borower notice prior io any such inspzctien specifying reasonable cause therefor related to L.ender's <br />interest 9 ; th, Property-. <br />4. Candemration. The proceeds of any award or claim for damages, direct or con~quential, in connection with any <br />condemnation or other taking of the Properly, or part thereof, or for conveyanze =n lieu of condemnation. are F:ereby assiened <br />and shall be paid to Lander. <br />[n the event of a total taking of the Property. the proceeds shaIl be applied to the sums secured b~• this Mortgage- <br />with the excess, if an}'. paid to Borrower. In ?he 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 immediately p,-ior to the date of <br />taking bears fa the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid is )3orrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the crondemror offers to make <br />an award or settle a claim for damages, Borrower faits to respond to Lender within 30 dzys 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 ~f the <br />Propert}• or to the sums secured by this Mortgage. <br />Unless Lender and Barrewzr otherwise agree in writing, any such application of proceeds to pr°.ncipal shall not extend <br />or postpone the due date of thz monthly installments referred to in paragraphs I and 2 hereof or change the amount ::' <br />such installments. <br />10. Borsa:~an Plot ~elcased. Extension of the time for payment or modification of amortization of the sums secumd <br />by Phis Martgo~c granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of thz original Borrower and Borrower's successors in interest. Lender shall not be 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 thic tylnrtgagP by reason a(a v demand ,node t,y the ..al txarra.,.er and Rt,,rra.ynr•5 st•cee~+rs ;,. inePresr, <br />11. Forbearance by Lender Plot a ~daiver. Any fort>rarance by~Lend_r in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be. a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of [axes or other liens or chazges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12, Xemetlies Cumulative. All remedies provided in this Mortgage are ~'istincf and cumulative to any other right ar <br />remedy under this Mortgage or at?orded by law or equity, and may be exercised concurrently, independently or successively. <br />i3. Successors and Assigns Bound; Joint and Several Lia67ity; Captions. The covenants and agreements herein <br />contained sl-tall bind, and the rghs hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. AlE covenants and agreements of Borrower shall be joint and several. <br />The captions and headings o€ the paragraphs of this Mortgage are for convenience only and are net to be used to <br />inierpmt or define the provisiaas hereof. <br />14. ii'otic>_. Except for any ratice required under applicable law 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 Froperty Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice Yo Lender shall be given by certifizd mail, return receipt requested, to Lender's address stated herein or to <br />such ocher address as Lender may designate by notice to Borrower as provided herein. Any notice provided far ir, this <br />'~sartcage s. ., ~ d~m:d to have been give., to Barra-wer ar Lander when given rn the manner designated herein. <br />15. Uniform Mortgage; Governing Law; SeverabBity. This 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 covering <br />real prop; rty. '[iris Mcu-tgag,: shall he governed by the law of the jurisdiction in which tine Property is located. [n the <br />event ti:at ~ clausz of [his ala;±gage ^, the Mete ;anP,icts with anplicahl° lave. such ctnflict s1:all nu gf'fect <br />other provisians-+af This mortgage or the Note which can be given effect without the convicting provision, and to this <br />gnu' the provisions c the 'crtgage and lire Note are declared to be severable. <br />... --..o - . CoL.r. Bs owzr shall b~ furnished a canfo;med copy of the N-ate and at this Mortgage at the true <br />of execution or after recordation hereof. <br />17. Trager of ehe Property; Assnmpdon. If alt or any part of the Property or an interest [heroin is sold or transferred <br />by Borrower ~:ithout finder's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) Ehe 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 fd1 the grant of any leasehold interest of three years or less <br />rat containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Diertgage to be <br />immediately due and payable. Lender shaft have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is w 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 shall be at such rate as Lender <br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, [.ender shalt release Borrower from all <br />obligations under this Mortgage and the Note. <br />[f Lender exzrcises such option to azcelerate. 1_ender shall mail Borrower noticz of acceleration in accardanec wi£h <br />paragraph 14 hereof. Such notice shall provide a period of rat less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borcower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further notice ar demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />...,., y...,ru .....~.a. _ .n,~+o. yarrcn er an., r, forth. r CilYenant and asTEe aS faiiaw5: <br />ia. Acceleration; Ltemedies. racept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Mortg~e, including the covenants to pay when due any sums scented by this Mortgage, <br />if.eader prior to acceleration shall mail notice 4o Borrower as provided in paragraph 14 hereof specifyiogt (1) the breach; <br />(2) the acttasn required to cure such breach; (3) a date, apt less char 3o days from the date the notice ~ matted fo Borrower, <br />by which such breach moral be cured; gad (4) that failure to core such breach on or before the date specified io the notice <br />tray r~14 in acceleration of the sutra seemed by thss Mortgage, foreclosure by jeedicial proceeding and sale ~ tBe Property. <br />The nofisce sbstll further 6eform $orrower of the right to reinstate after eccelerstion and the tight to amen ie the foreclostere <br />pracetdirtg the non-existence of a defa_`.t or any olher defe~e of Borrower to acceleration aced forecl~are. Tf the breach <br />is twt cured on or before tine date apecifled in the notke, L+endes at Lender's option may declare all of the soma secured by <br />this A'Iottgage to [se immediately due and payabk without further demand and may foreclt>se by juaiclal proceeding. Lender <br />abaIl lte entitled to collect in staeh proceeds all experrsea of foreclt,sure, including, but not timed to, costs of docnmsatary <br />evidence, ai!adraeds and title reporta. <br />iy, uottawet's iZghi to IBet~iate. Notwvithsiartding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shah 'nave the right to (rave any proceedings begun by Lender to enfor.e this Mortgage discontinued at any time <br />