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<br />Lender's written agreement ar applicable law. Borrrrwcr shad pay the amount o:° a.¢I rnrnrtgage insur.xnce premiums in the <br />mannert~ provided under paragraph 2 hereof, <br />Any ttmottnts disbursid by tender pursaant to this paragraph. 7, with ineercst therran. shsull brecrner additional <br />indebtedness of Borrower secured by t17is Mortgage. Unless Borrower and Lender agree zo other terms of paym:.st. such t <br />amounts sha8 be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the ii <br />date of disbursement ae the rate payable from time to time on orttstanding principal under the Note unless payment of <br />interest at 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 this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S. Inspretiou. Lender may make or cause to Fse made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reas~nabie cause therefor related to Lender's <br />interest in Phe Property. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or consegoentiai. in connection with any <br />condemnatior. or ocher taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid tc Lender. <br />In the event of a rota{ taking of the Property, ehe proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrowir. In the event of 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 proportion which the amount of the soma secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Propirtc 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 cr settle a claim for damages. Borrower fails to respond ro 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 or repair of the <br />Froperty or to the sums secured by this Mortgage. <br />L`nlass Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of thr monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />I0. Borrower Net Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage grsrtici M• Louder [n any successor in interest of Borrower shall not operate to release, in any manner, <br />the hzhility of the original Borrower and Aorrower's successors in interest. i.ender shalt not be required to commence <br />proceedings against such successor ur refuse to extend time for payment nr otherwise modify amortization of the sums - <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />li. e+orbearance by ixnder Not a Waiver. ,4ny forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt oat he a waiver of er preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ur other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the ma*.urity of the indebtedness sicured by this Mortgage. <br />t2. Remedies Cumulative. Atl remedies prtnided in this Mortgage are distinct and cumulative to any other righ*, or <br />remedy under this Mortgage or afforded by taw ar equity, and may he exercised concurrentlt•. independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability; 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. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />14. 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 Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Prmerty Address or at such ether address as Borrower may designate by notice Yo i_ender as provided herein, and <br />(h) any notice to Lender shall he given by certified malt. return receipt requested, to i.enders address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided hrrein. ,4ny notice provided for in this <br />Mortgage shalt be deemed to have peen given to Borrower or Lender when given in the manner designated herein. <br />75. Uniform MoAgage; Governing Law; Severabilih'. This form of mortgage combines uniform covenants for national - <br />use and nor,-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering - <br />real property. This 4ortgage shaft hrt governed by the law of the jurisdiction in which the Property is located. In the <br />event that any prc+vi=,ion or c[aust t,f this biartgagc ar the Note con8iets with applica6ic lain, such conflict shall not af~ert <br />ocher provisions of tills Morte;:ae ur the Nuti wl:irh can he given effect w•i[hov[ the loot?icting provision, and to fhts <br />A,r ,hn a.fc,-• a declared to R' <br />end *.he provision, ..golf ;,;,d the Natc ar be sewera. ±e. <br />16. Borrower's Copy, Borrower shall hr furnished :t conformed copy of the Note and of this Mortgage ai the lime _ -_ <br />of exacutior, ur attic recordation herrctf. <br />1?. Transfer of the Property; Assumption. tf all or any part of the Property or an interest thrrrin is sold nr transferred <br />by Borrower without lender's prior written consent. excluding (a) the creation of a lien or encumhrancc subordinate to <br />this Mortgage. (b{ the oration tit a purchase money xiuritp interest for huusihold appliances, tC3 a transfer by devise, <br />descent or by operation of law upon the death of a is int tenant ur fdr the grmt of any leasehold interest of three years ur less <br />not containing an option to purchase. Linder mac, at Lender's option, declare all the sums secured by this Mortgage :o be <br />immediately due and pa}'able. Lrndrr shall I78VC waived wch option to acce!eratc if, prior to the sale ar transfer. Lender <br />and thi person to whom the Property is to be sold or tntnsferred mach agreement in wrfting that the ocdit of Sufi person <br />is satisfactory to l.endcr and that the interest payable on the some secured h}' thie Mortgage shall he at such rate as I .odic <br />shall request. if Lender has waived the option to accelerate provided nt this paragraph 17, and it Borrower's successor in <br />mterest has executed a written assumption agreement accepted in :vriting by Linder, Lender shall release Borrower from all <br />oblignuons under this Mortgage and the Note. <br />Ef i-ender exercises such option to ac:elirttc, l,endir shall coal! Burrower notice of acceleration in accorclanre with <br />paragraph Id hirmf- Such notice shall providi a period of not less than 30 days from the date the notice is mailed within <br />which 13orrnwer map par the sums decLtred due. 11 Burrower fails ro pay such stuns prior to the expiration of such period, <br />Lender may. without further notict or dimand on Horrowe.r, invoke any remedies permitted by paragraph is hereof. <br />Nor+-Uwtroant C'rn•eraxN rs, Borrower and Linder further covenant and a~rec as follews~ <br />lti. Aeceleratian; RenrrdEes. @xcept as provided in paragraph t7 hereof, upon Borrower's breach of any cacenant nr <br />agreement of Borrower En this Mortgage, inriztding the covenants to pay when due any sums secured by this :Mortgagr, <br />Ixmler prior to acceleration shall mail rtotiee to Borrower as provided in paragraph 13 hereof spestfyiug; (I) the breach; <br />(2) the action required to cure such breach; 13) a date, nol Tess than 30 days from the date the notice Es mailed to Borrower, <br />try which Bach breach must be cured; and (4) that Failure !a cure such breach on or before the date specified in the notice <br />may result in acceleration of the sums secured by this lortgage, forecMsure by jtrdiciai proceeding amt sate of the Property. <br />The notice shall further inform Harrower of the right to reinstate after acceleration and the right to assert En the foreclosure <br />prviceedirrg the non-existence of a default or ary other defense of Borrower to acceleration and foreclosure, If the breach <br />is !lot cured on or before the date specified is the notice, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by JudicisE proceeding. Gender <br />shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limked to, casts of documentary <br />evidence, abstracts and rifle reports, ' <br />19, l@arrowcr's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any pra~~diags brgun by Lender to enforce this Isiortgage discontinued at any time <br />