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79-- i~'~~'~~'~ <br />Lender's written agreement or appicable law. Borrower shall pay the amount of all rtangage insurance premiums in the <br />manutr p?'owided tinder paragraph 2 hereof. <br />Any amaums disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall bt payable upon notice from Lender to Borcower requesting 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 at 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 />8. Insceerian. Lender may make or cause to be made reasonable entries upon and inspections of 4he Property, provided <br />that Lender shaft give Borrower notice prier 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 consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total Baking of the Property, the prixeeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. to the event of a partial taking of the Pronerty, unless Borrower and Lender <br />ethtrwise agree in writing, there shall tx applied to the sums secured by this Mortgage st?ch proportion of the proceeds <br />as is equal to that proportion which the amour.! of the sums secured by this Mortgage immediately prior to the date of <br />taking brats to ehe 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 er settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to called and apply the proceeds, at Lender's option, either to restoration or repair ci the <br />Property 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 installments referred to in paragraphs t and 2 hercaf ur change the amount of <br />such instalimeuts. <br />I©. tlo.ro;~er ltiatt Rtltased. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall na! operate to release. 9n sny manner, <br />the liability of the 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 />stcrtrcu' bt~ ibis Moeigagt by reason of any demand made by the original Borrower and Borcowers successors in inferest. <br />71. Porhearance by Lender Not a y6'a[ver. Any forbearance 6y [_ender 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 taxes or oihtr liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />I2. lleute$ies Cumuiatnt. Ali 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 he exercised concurrently. independently or successively. <br />t3. Successors and Assigns Bound; loins and Several I,iabtiiry; Capstans. 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 17 hereof. All covenants and agreements of Borrower shall bt joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not io ire used to <br />interpret or define the provisions hereof. <br />14. Natict. Except for any notice required under applicable law to be given in another manner. (al any [[olive to <br />Barrowtr 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 mey designate by notice to Lender as provided herein, and <br />(b) an_y notice to Lender shall be [liven by cenifitd mail, return receipt requtsttd, to Lender's address stated herein or to <br />s'tteri athtr address a5 Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage: -shall he deemed to ttavt bctn ¢iven to 8ortower or Lender when given in the manner designated herein. <br />I3. Un#form Mortgage; f:aovtrniag I.aw; Severabilify. This form of mortgage combines uniform covenants far national <br />u- -`-til .^:.,:~ .,..,fit: n9 ,~_.. ":. ~::.: ..:atF t:vc;:'.cd v ^ - - b'y' ltiriCdEtiian iS ~in'siiin{2 3 ;i_ _° - i3ii cifracni ""'v-~tirs~ <br />real praf~rty•::Thi Mortgage shall to gorerned~Sy~tht law of the jatrisdi;.tion in whic~hiihe Praptriy++ic lcxatcd~iTn rho <br />event h-_t ,_ provisi„n a_ ciao... ar this ~^[urtgage er the Nntc convicts with appi6c?hl-- law. each ccnftist shall net Grit•^-t <br />nther f rh ~ nt r .,r the` N.^.!e wtt?Clt e..n frE ~tvtn tffttt w! h(it;', !!;e 4a^fltttlG~ era-'v~tCn, an`a t~ Shit, <br />end ttte r~rovisions of [tae fortgagc and the NoM art declared to be severable. <br />=t;. °rrrarzr's Capy. Borr~,wei shall t~ fi;rnistic'd a eonfomted copy of the Note and o€ ttis Mortgage at the ii+~ze <br />of exccu'icn or after rc^iorciaiion hereof. <br />17. Transfer of the Property; Assamptiaw. it all or any part of the Property or an interest therein ix sold or transferred <br />by Borrower withav? Leuler's prior written consent. excluding tai the crYatian of u lien or encumhranee subordinate to <br />t his Mortgage. (hi the creation of a purchase money security interest tar household appliances, (c) a trsnsftr by dcvist, <br />deswm cr by operation itf i.;w upon the death of a joint levant or (dl the giant of any ieasehald interest of three years or lass <br />net containing an option to pun-hase, [rndtr may, at Lender`s option. declare ail the sums secured by this biortgagt to be <br />immtc?iately dot and t~ayable. 1_ender shall have waived curb ou!;or. to acceltrate if. orior to the sale or transfer. Lender <br />and the: person to whom the Property i3 to bt sold or transferred reach agreement in writing that ttt^ credit of such person <br />is satisfactory to [ruder and that the interest payab€e on the sums se+;urtd b} this Mongage shall bt at such rsea as i_tnder <br />shall raquess. if l.tndet has waived the option to acetltraet provided in this puagraph i7, and if Borrower's successor in <br />interest has esc-LU[td a wriutn assumptiao agreement accepted in writing by l.en.ier, Lender shat( reflect Borrower from all <br />o6ligatlons under this Mortgage and the Note. <br />If Lender excrcis~ such oL.tinn to acctltratt, Lender shall mail Borrower native of aectleradonrn accordance with <br />paragraph lY hzre<if. Sets h notice shall provide a period of net Itss than 3~ da}s from the dart the notice is mailed within <br />which Botrawtr may 1}u}' *.ht sums dexlared die;. if Borcawer fairs to pay stt~h Bums prior is the expiration of such period, <br />[-tinder may, without further vatic[ or demand on Borrower, invoke env remedies permitted h}' paragraph 18 hereof. <br />Nov-UrrtFattttt i'avp?vavts. Borrower and Lender funbtt ec=vtnant and agree as follows: <br />Az'~e~'Rera; 'ieEnce:rts. £ierltf as ptm[i~ai is paragra=ph i i isersui, span $arrowcr's breath of any covenant ar <br />agreement of $oerower to ibis Mortgage, itactudlrgf the cottt±ants to pay wtxo due any same recured by this Mortgage. <br />L^cadtr prier to aceekrtsthaa shah m~ natitt to Bs3rwwer ~ pravkted to paragenpb ld hertaf spttifylsg: (1) the breach; <br />(2) the aetioa rmgtdred to cum such breach; {3) s dale, not lean [boo 30 dovs from the date the notke is mailed to Borrower, <br />by which such breach must be tared; and (A) that failnrt to care sacb trreach on ex before the date specifltd is that rattice <br />may eesult in aceelerefion of the cones enured by atlas Mortgage, favectaasttre by )adlei~ prtrctedittg and sate of the Proptrty, <br />The natitc shall for[[[[t tnlarnt tlttrrotrer of the righ# to reiffitate after acce)ezatton and the right to ttssctt in the foreclosure <br />prceeediug the ~n-caistenta of a dafauft ar any athtr tkfe~ of Barmrrer to atctleratian and foretiasanti If the breach <br />is not cnred an or before the deft spec(Bed in the trotitr, Lender at Lemler's op[toa may ticclare aB of fire stuns secured by <br />ttth MosYgage to tee immediately dire acrd payable withoat farther demand sad may fat^cclose by judicial proceeding. Lanier <br />sbaL be entitled to eoBttt in srrch proceedh+g aH expertsts of foreclosure, ittdtttiing, but root i[rnttard to, [oats of documentary <br />tvlaente, abstracts and out re~rtr. <br />fl4. Borrower's Right to Rtlr~ate. Notwithstanding Lender's acceleration of she sums secured by this Mortgage, <br />Borrower shat! have the right to }rave any prarcecdinRS begun by Lender to cnforct this Mongage discontinued at any tint[ <br />