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79--1 #~~~~~ <br />1'_end+;r's written agreement or applicahie law. Borrower shall pay the atnount of aril mortgage insurance premiums .n the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall became additional <br />indebtedness of Harrower secured by this Mortgage. Unless Barrawer and Lender agree .o other terms of payment. such <br />amounts shall be payable upon natice from Lender to Borrower 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 wool.: be contrary to applicable law, in which event such amounts shad 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. InspecHan. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that 1_ender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />Q. Condemnation. The proceeds of any award or claim far damages, direct ar consequential, in connection with any <br />condemnation ar other taking of the Property, er part thereof. ar far conveyance in lieu of condemnation, are hereby assigned <br />and shall he paid to Lender. <br />In the event of a total taking of the Prapcrty, the proceeds shall be applied to the sums secured by this Mortgage, <br />with the excess, if any, paid to Borrower In the event o. 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 proparian which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking hears to the fair market value of the Property immediately prior ro the date of taking, with the balance of the proceeds <br />Paid to Borrawer. <br />If the Property is abandoned by Borrower, ar if, after notice by Lender to Borrower that the condemner afters to make <br />an award ar settle a claim far damages. Harrower fails to respond to Lender within 30 days after the date such natice is <br />mailed. Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property ar to t5e sums secured hs this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall nut extend <br />or postpone the due d:ue of the monthly installments referred to in paragraphs 1 and ?hereof ar change the amount nC <br />such installments. <br />I0. Her;rnwer Not Released. Extension of the time far payment or modification of amortization of the sums secured <br />by this Mortgage gr«mted by Lender w any successor in interest of Borrower shall not operate to release. in any manner, <br />the liability a( the original B.-rrower and Barrawers successors in interest. i_ender shall oat he required to commence <br />prat, edin .,clt __,..,. .. ^fu. to tn:.t time far paymrrt o* other:visr modify -martization of tier soma <br />secured byJthis Mortgage by reason of ,any demand made ny the original Borrower and Borrower's successors in interest. <br />tt. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising an}• 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 other liens or charges by Lender shall oat be a waiver of Lender's <br />right io accelerate the maturity of the indebtedness s cured by this Mortgagr <br />f?. Remedies Cumulative. .411 remedies provided in this bforigage 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 successivth•. <br />13. Successors and Assigns Bound: ]oint and Several Liabitity; Captions. The covenants and agreements herein <br />contained shall hind, and tree ri¢hts hereunder shall inure to, the respective successors and assigns of Lender and Harrower. <br />subject to the pre+visions of paragraph i? hereaf. All covenants and agreements of Barrawer shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgagr are for convenience only and an^ oat to be ttsed to <br />interpret er define the provisions hereof. <br />I4. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to <br />Borrower provided for in this biertgage shall be given hp mailing such natice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Harrower may designate by notice to Lender as provided herein, and <br />(b) ary natice to Lender shall to giszn hr ctrtifiz3 mail, return receipt requested, t* i_ender address stated herein or to <br />=^h c~thcr ~ddr:ie =r i •,^der ;,, • dc--ienate h}• ratio to Harn~wrr as provided herein. Auv notice pnsvidrel for in this <br />Mortgage shoal! lee deemed to Etave' been given to Borrawer or (.entire when given in the manner designated herein. <br />i3. iinifnrm hiortgate; Governing Lnw; Severabllity. This form of mortgage combines uniform revenants For natianat <br />u.s: and nets-uniform cavzr,ants with limited variation; by jurisdiction to constittnc a uniform security instrum,:m covering <br />tzal property. Tfvs lvierteage steal! he governed by the law nt' the iarisdiccian in which the Property is icxattd- In the <br />event this ..n~ pravi :,,,, ,., clause of this E3artgage a: the Nate conflicts with iippircabie law', 5ti^.tt :ond..t shall oat affc~T <br />e[i~° ~ --_ ...-tga; ~, .... ;`=ore ~• .. can iti given 't-- .vi.ha,.. .he c,rr__titt~ ..._,.~.,, ar... .. ,...p <br />r-t,d the pre?-,-., r= # ,- '~` .rtgge andh*.he N:~it =sr ci~larci *.0 1~ ~verHhlr. <br />tb, Sarrower's Copy. Barrawer shall hr furnished n conformed rnpy of the Natt and of this Mortgage at the time <br />of txecutiart or niter recordstian hereaf. <br />17. Trmttsfer of the Property; Assumption. I( all or any part of the Property ar an interest therein is said or transferred <br />by Barrawer without Lender's prior written consent, excluding (at the creation of a lien or encumbrance sutwniinute to <br />this Mortgage, (bl the creation ui a purchase manev security interest far hcatsehald appliances, (c) a transfer by devise. <br />descent or by uperttion of iaw upon the death of a joint tenant or (dl the grant of any leasehold interest of three years ar less <br />not containing an option to purchase, Lender mmy, at ! ender! option, declare afl the sums secured by this Mortgagr to be <br />immediately der; and payable. Lender shall have waived such upnan at aeeelerace if, prior to the sale c:r transfer, Lender <br />rand the person to wham the Property is to Ire sold or transferred reach agreemrn! in writing that the crealit of such prrsan <br />is satisfactory at I_endrr and that the interest pay;abir on the sums secured by this Afortgage shall he at su.•h curt is !,ender <br />shall regttcst, tf Lender has waived the option to accelerate provided in this p;ragraph 17, and if Barrawer`. successor in <br />interest has executed a written assumption agreement accreted in writing by lender, Lender shall release Borrower from all <br />obligations undr.r this Mortgage and the Note, <br />)t (.entire exercises such uptian to ac!:rleratr. Lander shall mail Borrawer notice et` ascrlera[ion in accardaner with <br />paragraph 14 hereof. Such notice shalt provide a period uF uue Irss than lp days from the date the natice is mailed within <br />which Borrawer may pay the sums dcclarcd due. (f Borcower fails ro pay such sums prier to the rxpiratian of such period, <br />Lender may, without further notice or demand en Borrower, invoke any remedies permitted by paragraph 1g hereof. <br />NoN-UNtt=oRSt Covt;naN~ts. Borrower:tnd Lender further covenant and agree as follows: <br />ig. Accekratinn; Remedies. E.xcrpt as provided in paragraph ly hereof, upon ftarrowtr's breach of any corraxnt or <br />ttgtetmrnt of borrower to this Mortg~r, iiaclttdictg ffte cuvenauts to pay when dot any sorter s~evurrd by this Mortgage, <br />ILratkr prior to acceleration shag mail natice to Borrawer as provided is pat•~raph t4 hereof sperifytttg: (I) the breach; <br />(Z) the action required to cure such breach; (3) n daft, not lea than 30 days from Me dart ehr notice Is mailed to (Borrower, <br />by whk6 st:zh breach must be cured; sad (4) that fa8are to Burr such breach ore a before tiro date specified is the tttttire <br />tray result in acceleratlon of the sutra secured 4y this Mortgage, foreclasurc by judicial proceeding and suit of the Pneptrty. <br />`f7te uodce sbatl further inform fior.ower of the right to reinswte after acceleration amt the tight to assert is the torrclosnrt <br />proceeding the non-extstetece of a defadt or eny other defense of Hortower ro acceleration atul fomiaaure. H the )xtarh <br />is oot cured an or befart the date speciffed iu the tmHce, Lender at Lender's option may declare all of the stems securest by <br />this Mortgage to be immediately tint and payable without tubber demand and may forerlase Dy judicial ptnrtedittg. (,ruder <br />shall bt entitled ro collect in such proceeding nit expenses of Forecltxture, including, but not timittd to, costs of docurtrootary <br />tvidenet, al~fracts and tint reports. <br />14, Eorrower's Rfgbt to Reigate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to brave any proceedings begun by Lender to enforce this Mortgage discontimted at any time <br />