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79--~ ~~Ue.~~: <br />Lender's written agnzament ar applicable taw. Borrower sltail pay the amount of all mortgage insurance pu•emiums in the <br />manner pfovidzd under paragraph 2 hereof. <br />Any amounts 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 be payable upon notice from Lender to Borrowrr 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 ai such rate would be contrary to applicable taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in Yhis paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S, Inspection. Lender may make er cause to be made reasonable entries upon and inspectionx of the Property, provided <br />that Lender shat( give Borrower notice prior to any such inspection specifying reasonable cause therefor related to L.ender'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 com•eyance in lie^ of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured by this Mortgage, <br />whit the excess, if arty, paid to 8orrower. in the event of a partial inking 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 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 Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oilers to make <br />an award ar settle a claim Cor damages, Borrower 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 restoration ar repair c:f the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, am such application of proceeds to principal shall not ext: r.d <br />nr postpone the due tl:+~e of the monthly installments referred to Ln paragraphs t and 2 hereof ctr change the amount of <br />such installments. <br />!©, Bcfrvwer Not Released. Fstension of the time for payment nr modification oC amortization of the sums secured <br />by this Mortg~gz granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the Liability of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />pro<ecdines against such successor cr 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 the original Borrower and Borrowers successors in interest. <br />[1. Forbearance by Lender Not a Wah•er. Any forbearance by (. ender in exercising anv right or remedy hereunder, or <br />otherwise afforded by applicable law, shall riot he a waiver of or preclude the exercise of any such right nr remedy. <br />The pra;urement of insurance or the payment of taxis or other 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 />12. RPmedres Cumulative. All remedies pro.ided in this Mortgage are distinct and cumulative to any ether right or <br />remedy under this Mortgage or afforded by taw or equity, ono may he exercised concurrently, independently or successively. <br />l3. Successors and Assigns 8ouml; 3oinf sad Several f.iabt7ity; Captions. The covenants and agreements herein <br />contained shalt 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. .Ail covenants and agreements of Borrower shall he joint and sevrral. <br />The captions and headings oc` the paragraphs of this Mortgage arc for convenience only and are oat to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable taw to 6e given in another manner, (a) any notice m <br />Borruwcr provided ibr in this Mortgage shat! L±e given 6y mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Linder as provided herein, and <br />(~) any notice to Lender shall bs given by certified mail, return receipt requested, to l.endet's address stated herein ur to <br />su:.h athc'r address as I.znd'cr ma} designate lay notice to Borrower as provided herein. Anv notice provi~tEd for in this <br />Mortgage sfiall be deemed to have been given to Borrower or Lcrtder when given in the manner designated herein. <br />!S. Uniform Mortg~r; Guvernlag I,aw; Srvrrability, This form oC mortgage comhine-s uniform covenants for national <br />trsz and ntsn•unifurn? covenants with Limited vacations by jurisdiction to censtituts a uniform 3ecurin inxtirFtn~ent covering <br />,eI __ <br />=a 3. r° Tl:: c ~,= ,h .t ~rn~d z~~ ;(:c iaw• of tfie urie3t~tion tit v. h.°L; tLt~ Pro--r• <br />r`''N"~ = a`~'"- - 1 •4 c ~+c tY ix IoeaiEti. In tlta <br />event that :toy proviso i; nr clause otvihrs MortgaXt or the Note conflicts with ap[ih~.tbte law such conflict shill oat afftsE <br />other provisions of tt orgage or the Nots which can tae given effect without the conflicting provision, and ter this <br />end the pr,+tnions ~.f nc Rio. igage anti tfie 'dote are ttceLared [o Lae srverabir. <br />16. 1i<orrower's Capy. Borrower shall he furnished a conformed copy of the Notc and of this Mortgage at the time <br />of sxzeut.iun or after recordation hereof. <br />17. Transfer o[ the Prop-tetty; Assumption. if all ur any part of the Property or an interest therein is sold or transferred <br />by Borower without Lender's print written camsent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h) rtes creation of a purchase money sEeurity interest ter household appliances, (c) a transfer by devise, <br />descent or b}• u~ration of law upon the death of a joint tenam or (dt the grant of any leasehold interest of theca years or less <br />nai containing an option to purchase. [.ender may, at Lender's option, declare ull the sums secttred by this Martgags to br <br />immediately due and payahle. Lender shall have waived such option u+ accelerate if, prior to the sale or transfer, (,ender <br />and thr person to whom the Property is to be sold or transferred reach agrermcnt in writing that the cre.tit of such person <br />is salisfactitry a, Lender and chat the interest naynble on the sums secured by this hfertgage steal! be at such rates ! ender <br />shall request. it lender has waived the; option to accelerate provided in this paragraph 17, slid if Borrower's suicexsnr in <br />interest has executed a written assumption agreement accepted in writing by Lrn.kr, (.ender shall teicase Borrower from all <br />obligations under this Martgbg>n and the Notc, <br />IC Lender ez,,rcises such option it, aicElErare, I.emkr shall mail Burrower notice of acceleration in acirtedance with <br />paragraph 1•i hereof. Such notice shall provide a period pf not LESS than 30 days Pram the date the noticE is matted within <br />whidr Borrower may pay the sums declared dos. If Iorrower fails to pay suite some prior to the expiration of sttch prritad, <br />Linder may. without further notice or demand ern Borruwcr, invoke any remedies permitlnd by paragraph f g hereof. <br />Nov-Urttr*cx~t C^va Y.k;2'r8. Bcrrcv:;rr :rod Lender fnrthrr cuvenanf and agree as follows: <br />Ig. Accekratioa; Remedies. F•xrept as proridtd in paragraph 1T hereof, upon 8arrower's breach of nay caveaapt or <br />agrrenMnt of 8orrower io th4 MartgaQr, ittektdhtg the cnvoaaats to pay whoa due any same area by the Afertgag€, <br />Lewder prior to accekratbn else(( mall notice to 8orrower ~ presided in paragrnph 14 hereof spool#yi~: ii) ibe breach; <br />(S} the action req~nired to cure such breach: 13) a date, not less than 30 days tram Me data the noHre b mailed to 8orrower, <br />by wblch stab bsearf£ mgt ~ eta+tdE sad fA) that faUare to care such brrarh on or belare fire dMe spocifitrd is the rwticr <br />mt+Y resale to acerlerattoa of the stu« a secured by this Mortgage, forectosaro by judicial pnrceedtog atM sale a[ fix Property. <br />1'he entice shall further inform titotrowrr of the right to reiastatt after accekratioa and ihr right to aseert in the forechrsure <br />praceediat{ the noq-exlsernce of a defaul£ or any aliter drtease of 8orrower to acceleratba and tarecMsarr. ft the breach <br />!s not cared on or before the date speci@ed in the notice, Leader at Ixnder's option may declare all of the same secured by <br />tlria Motgage to be immediately due and payable without further demand and may farrclase by judkhrl proceedl~. Lender <br />shall he entitled to rnllect in such praceeditrg all expellees of fotxxlosare, lwdutHag, bat not limited to. casts of dacaenentary <br />evt~-rice, abstrwcls sad rite re'.:::~. <br />19. 8o..aRet's r~hi ta°arl~te. Nntws£hstanding LEndet's aceeteratian of the sums secured by this Mortgage, <br />Borrowrr shaft have the right to leave any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />