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<br />Lender's written agreement or applicable ]aw. $orrower shad pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Harrower secured by this Mortgage. Unless Borrawer and Lender agree to other terms of payment. Such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time [o time on outstanding principal under [he Nnte unless payment of <br />interest at such rate would be contrary to app]icable law, in which event such amounts shat! (,ear 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 />S. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior 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 dama¢es, direct or consequential, in connection with any <br />condemnation ar other taking of the Property, nr part [hereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid tc Lender. <br />In the event of a total taking of [he Pmperry, the proceeds shall be applied to the sums secured by this Mortgage. <br />with th_ excess, if any, paid to Harrower. Tn the event of a partial taking of the Property, anless $orrower and Lender <br />otherwise agree in writing, there shall tx; applied to She sums secured by this Mortgage such proportion of the proceeds <br />as is equal to [hat 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 prior to the date of taking, with the balance of the proceeds <br />paid to Harrower. <br />If the Property is abandoned b}' Borrower, or if, after notice by Lender to Borrower that the condemnor offer to make <br />- :aid or serrlr ,, claim for damaees. 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 of the <br />Property or to the sums secured by this Martgage. <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 ro in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time For payment or modincation of anx+rii~aiion .., - .,.,s ~..,,.:cd <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate in release 'in anY manner, <br />the liability of the original Borrower and Borrower's suceessors in interest. Lender shalt not be required to commence <br />proceedings against such successor nr refuse to extend time far payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by [he original Borrower and Borrowers successors in inxrest. <br />11. Eorbearanee by Lender Not a Waiver. Arrv forbearance by Lender in exercising any right or remedy hereunder, nr <br />otherwise afforded by applicable law, 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 ar other liens or charges by Lender shall not be a waiver of mender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. Atl remedies provided in this Mortgage are distinct and cumulative [o any other right or <br />remedy under this Mortgage ar afforded by law or equity, and may be exercised cancurrenth', independently or successively. <br />13. 5nccessors and .4ssigms Bound: Joint and Several Liability; Captions. 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 />subje^.t to the provisions of paragraph 17 hereof. All covenants and agreements of Borrawer shall be joint and several. <br />The captions and headings of the paragraphs of this Martgage are far convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />id. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice m <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Harrower at <br />the Property Address or zt such other address as Borrawer map designate by notice m Lender as provided herein, and <br />fh) an~.• notice to Lender ,hall t-~ given by certified msd, rehrm receipt requested, to i.enJer's address stated taerein ar to <br />such other address as Lender may designate by orate to iorrower as pnroiucii l,s:rvi,,. - pr;.:idcC' . ... "s4 <br />Mortgage ;halt he deemed to have been given to Harrower or (.ender when given in the manner designated herein^ <br />15. Unif~rm'11nrtQage; Governing Law: SeverabiUty. This Form of mortgage.onibines uniform c.~?venants for naiienal <br />use anti nan~unifurm covenants with limited variations by jurisdiction a~ constitute » unifafinl sect=city' instt?Ernent covering <br />real p.=apzrty. This Mortgage shalt be governed by the law of the iuriadicaion in which lisp Property is icxaied, in the <br />event that -nv p avision clause of + iviartgage or fhe Nnte ..=„ffic Rath appii-tai;'- law_ such ,~: fiic ..;+ii nai aStect <br />other pros sinnsr+f tf-ts Martgage o-••the No[:• which can tic giupn elleci witt?E+Lt the ~annrs-t.==€ p€f.-,~?tt, arni Is, ibis <br />end the provisions of the Aiortgage and the Nate are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished :+ conformed copy of the Nate and of this Mortgage at the time <br />of exeeutian or after recordation hereof. <br />17. Transfer of the Property: Asaumpiion. if alt nr any part of the Property or an interest therein is sold c!r transferred <br />by $orrower without Lender's prior written consent. excluding (a1 the creation of a lien oc encumbrance suhanfinate to <br />this Mortgage. (h) the ereatian of a purchase money security interest for household appliances, Ili a vansfer by devise, <br />descent or h}• apernion of law upon the death of a tote( tenant or h1r the grant of any leasehold interest n( there years or less <br />not containing an option to purchase, tender may, at 1-ender's option, declare all the sums secured by this Mortga,2c to be <br />immediately due :rod payable. Lender shall have waived such option to accctcratc if, prior to the sale ar transfer. [ender <br />and the perx+n to whom the Properry• is to be sa!d ur transferred reach agreement in writing that the credit of such per•san <br />is satisiactnry to Lender and that thr_ interest paVabir on the sums secured by this !.9artgage chat! ht at st:ch rate as Linder <br />shall request. If Lender has waived the option to accelerate provide) in this paragraph 17, amt if &,rrawer's successor in <br />interest has executed a written assumption agreement accepted in writing by 1 ender, 1_ender ,hall rclrau: Borrower fram all <br />obligations under this Martgage and the Note. <br />If l..ender exercises such option to accelerate. Lender shall mail $orrower notice o[ accelerauon in accordance with <br />paragraph 13 hereof. Such notice shalt provide a period of not Icss than 3p days tram the date the notice is mat;ed within <br />which Borrower may pay the sums declared due. If Borrower faits to pay such cams prior to the expiration at cosh period, <br />Lender may, without further entice or demand on torrawer, invoke any remedies permuted by paragraph t k hereof. <br />Nav-Urtteoaxt Covr^raur€. Borrower and Lender further covcttant and agree as follows: <br />I$. Acceleration: Remedies. Except us provided in paragraph 17 hereof, upon Borrewcr's beach of any rnveaant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secarrd by thb :Mfartgr~e. <br />;Leader prior to acceleration shag mail notice fo Harrower as provided is paragraph 14 hereof spetifyi~: (1) the breach: <br />(2) the acfiom required to cure such breach; (J) a date, trot less than 30 days from the date Ibe mNice b mailed ap Borrower, <br />by wfikh sn<fi breach must be cured; and (4) drat failure to cure such beach an or before the date speci~d la the aodce <br />may result in accekration at the aunts secured by this Mortgage, forecbsure by jndlcial proceeding amt sale of the Property= <br />The motive shdi further Inform Borrower of the right to reiasla/e after acceleration and the right to assts is the forechmure <br />ytoceedlrrg the non-e:tstence of a dtfrult or any other defense of Borrower to rrcceleratfon and foreclosure. if the breach <br />is m.i cured on or before the date specified in the notice, Leader at Lender's option may declare aH of the sums secured by <br />th{a 1l4oregage to be immediately due and payabk without fuHher demand and may foreclose by judkiai proceeding. Lemd4r <br />obeli be enWicd to collect in such proceeding ail expenses of foreclosure, including, but noe Ihnlted to, coats o[ documentary <br />evidence, abstracts end tige report. <br />19. Borrower's Right to Reiostaie. Notwithstanding Lender's acceleration of the sums secured b}• this Mortaaee. <br />Borrower shalt have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />