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79~' ~~~~~~.'~. s <br />.Lender's wt•itten agreement or applicable law. Borrower shall pay the amount of all mortgage instrance premiums in the <br />rnanrtar provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pttrsuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness rf Ecrrcwer secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amot:nts shall Fie 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 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. InspecBon. 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 fa any such inspection specifying reasonable cause lherefnr related to Lender's <br />interest in the Property. <br />9, Condemna8an. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation ar other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall I.e paid to I_znder. <br />In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower In the event of a partial taking of the Froperty, unless Borrower and Lendee <br />atherwisc egret 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 immedi>tet. 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 iht proceeds <br />paid to Borrower. <br />If the Property is abandoned 6y Borrower, or if, after notice by Lender to Borrower that the condemner offers to make <br />an awned or settle a claim for damages, Borrower faits to respond to Lender withir. 30 days after the date such notice is <br />mailed, Lander is authoriTSd to collect and apply the proceeds, at Lender's option, either to restoration er repair of the <br />Yroperq~ 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 1 and 2 hereof or change the amount of <br />such installments. <br />I0. Rorrt+ovrr Not Heieased. Extension of the time far payment ar modification of amortization of the sums secured <br />by this Martgas: granted by Lander to any successor in interest of Borrower shall not operate to release, in any manner. <br />the liability of the original Aorruwer and Borrower's successors in interest. Lender shall not be required to commenet <br />proceedings against such successor or refuse to rxttnd time for payment or otherwise modify amortization of the sums <br />se~•urtd t,y Yt,;~ tvtnrrusn.. by :.,~.~.., «r ~.,,• .s...»~„d •,;ad., ham' +hr original Horrawer a^•+ 1zorrowrr's sucsr~~.rs i.• ;nrnrncr, <br />It. Forbearane¢ b3' Lendtr Not a Waiver. Any forbearance by Lendtr in exercising any right or remedy hereunder, or <br />otherwise atforded by applicable law, shat! not be a waiver of or preclude the exercise of any such right or remedy. <br />The pracurtmene of insurance or the payment of rases or other liens or charges by Lender shalt not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />f3. itemedies Cumniative. All remedies provided in thk Mortgage are d'-finer and Cumulative to any other right or <br />remedy under this Mortgage ar afforded by law or equity, and may he exercised concurrently, independently or successively. <br />l3. Successors and A~igns Bound; joint and Several f.iability; Captions. The covenants and agreements herein <br />enntained shat! hind, and the rights hereunder shall there to, the respective successors and assigns of Lender and Borrower, <br />suhjtc[ [o the provisions of paragraph 17 hereof All covenants and agreements of Borrower shalt he joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret ar deitnt the provisions hereof. <br />I4. Notice. Except for any notice required under applicable law to be given in another manner. ta) an}° notice to <br />Borrower provided €or in this Mortgage shall he given by 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 lender as provided herein, and <br />(h) oral notice to Lender shall be given by certified mail, return receipt rtquestcd, ro Lender`, address stated herein ar to <br />such other address as Lendtr may designate by notice is Borrower as provided herein. Any notice provided far in this <br />iaethage shat! tse deemed to have been given to Borrower or Lendtr when given in the marncr designated herein. <br />iS, E niforrrt 3fartgagr; governing Lawt Severabilitr. This form of rnartgagt combines uniform covenants far national <br />ttY =„} •sc:se-=if:irtar __.._..~..._ with titnittd :•ariat,n• by uti:littian !•3 cat:3titutt s unifar*.ti sect:rity iastruss>zttt revering <br />r al ,-r ~ .y- "It, Rt_rtg~Q- -hall br governed 1- th€ law of the iur,tiictt_~n in wFeic!? alert Praperrv is la~cate~si, In tFse <br />c"i"rat that any ptnrisinn or cianst of this hior~eagc ~+r liar ;Vote catrr~icts with applt:>aott law, such enntliCt 3hail not 5ri~~ <br />titlur .,rnv~~;nn. ,•.f tbjq RA.'rtaaat r,r ChM Nne„ u•h.,•h fart h:• ni~•nn wFre,•e ,. ;rh.,,.r tl,,. __.n!lic N^g p .. _.__...., and en this <br />end tli4 ur ~vtsanns of the !vlortgagr and the Note err dctlarrti to he uverable <br />:s}. Bo:rower's Copy. Borrower shall t+e furnished a C.inforntc;i Copy r,f the ':':. tz end of this Martgagt at the titrte <br />of executior. or a!'ttr recordation hereof. <br />17. 'Sransfer of the Property; Assumption. It all ar any part of the Property or an interest therein is sold ar transferred <br />by Harrower without Lrndrr's prior written cunsrn?. excluding ia) the creation of a lien or encumbrance subardinutt to <br />this Marrgagz. tb) the cre:atiort of a purchase money stturity mterrst for hou,rhald appliances. (C) a transfer by devise. <br />descant or by oprtation at i::w open the death of a joint tenant or tdi the grant of any leascho!d imcrest of three years ar less <br />not ruttaining an option ui purchase. Lender may, at Lender's option, declare u!! the sums secured by this Mortgage io he <br />immrd,attly quo and payable. Lender shall havt waived such option to accelerate if, prior to the seta ar transfer. Lendtr <br />and the pr:rtun to whom the Prv~perty is to be sold or transttrred reach agreement in writing that the credit of such person <br />is satisiactor7 to Lender and that the interest payable an the sun» secured by this Mortgage shall t+z at such rate as Lendtr <br />rhaii request. if I ender has waived the option to arc:elzrate provided in [his paragraph 17, and if Borrower's su.as5or in <br />interest has executed a w.•ittrn assumption agreement accepted in writing by Lender. Lender shall release Harrower Crorn all <br />obligations under this tt4artgagc attd the Nate. <br />It 1,endrr cxrrci~es such option la+ acccleratr. Gender shall mat! Borrower notice of accelcratian in accordance with <br />paragraph t~t htrcaf- Such notice shat! provide a period cif not Tess than a0 days from the date the notice is mailed within <br />which Burrower may pay the stems cicclared dot. if Borrower fails to pay such sums prior to the expiration of such period, <br />I.tnder may, without t'urther notice or dkmand an Burrower, uevokt any remtdics prrnutted by paragraph 18 hereof. <br />Npx-Uuu~otrht Cavn?~!.n;rc. Borrower :and Linder further covenant and :Cgn~ as follows: <br />I#. Arc¢kraibn; ltemedks. )Ertcept as provided in paragraph i7 hereof, upon Borrower's breach of env covenant ur <br />agreement of Horrawer is fhb Martgagt, including the rovenants to pray when due any sums secured by this Martgatgq <br />Lender prior to amler>n shall snail native tQ Borrower as provided in paragraph 14 hereof specifying: {1) tau breath: <br />(2) the action required to cure such brracM, {3) a dear, txN taro than 39 days from fhe dear fbe notice is mailed to Horrawer. <br />by airicb such brrsri: Wrest Ile cured; ssd (4} that faitare to tare snch breach o0 or before the date spesifled is the notice <br />may resuh is accelerrttion of the sums secured by this Mortgage, forectasure by jadkial taroceediag and sale of the Property. <br />'>fbo ttatice shah ftarther inform Horrawer of the right ro reinstate nNer accebention sad the right to assert in the foreclosure <br />proceeding the m>,n-extstmace of a dsfav'.t or any other defense of Borrower fo ateekraiion aged forerlosurc. U the breach <br />b hat cared on or before the date sptciRed in the natke, !.ender at lixader's option may declare ^U of the sums sezured by <br />thbt Mortgage to tx immediately due and payabk without fuHher demand and may forerhtrse by judkial proceeding. Lender <br />ai3ail bs entitled to caHect is such pram, all exper~s at fareciasore, iaclnding, but hat Smiled to. cads of documentary <br />avidonec, absinic~ and title repvis>i. <br />iy. Borrowers Higbt to Heitaseate. Notwithstanding Lendtr s aceeieraiion of the scans secured 'ray this Mortgage, <br />;a.e4=w2r shall ltir'~ t:~,2 right te. trays any prot~ding;i'~gun 6y L€ndrr tc ;~nforCr: this Mortgage dis;<antinurd at any timF <br />