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<br />Lender's .+•ritten agreement ar applicable ierw. $orrower shads pay the amount r3f ail mortgag:° i:nsurartce premit.rrns in the <br />manner provided under paragrt~~oph 2 hereof. <br />Any amounts disbursed b}r Lender pursuant io this paragraph T, with dnterest thereon, shall bcr,otne additional <br />inde6redress of Borrower secured isy this Mortgage. Unless $orrower and Lender agree to other terms of pay tent, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall hear 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 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 notion hereunder. <br />8. fnspection. 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. Condemnatfon, "I'lte proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, ar part thereof, or for comeance in lieu of condemnation. are hereby zssigned <br />and shall be paid to Lender. <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 Property, unless Borrower and Lender <br />otherwise agree in writing, there shalt 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 ortgage 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, ar if, after notice by Lender to Aorrower that the condemnor offers to make <br />an award or settle a c?aim for damages, Borrower fails to respond to 1_ender within 30 days after the date such notice is <br />mailed, Lender is authorized to tolled and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />L'niess Lender and Borrower otherwise agree in writing, an} 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 Z hereof or change the amount of <br />such installments <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage : an±ed by Lender to any successor m 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 shall not be required fo commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by thic Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />1 i. Eor6Tarance by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, 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 not be a waiver of Lender's <br />,might to accelerate 2Fe maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage are disnuct and cumulative to any other right or <br />...remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />l3, Suectssors and Rssigns Bound; Joint and Severe[ f,iabiiity; CnpNons. 7"ne 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 />subject Fa the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />Ttse Captions and headings of the paragraphs of ;his Mortgage are for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />fl4. 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 Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to tender shall be given by certifeJ math return receipt requested. to tender's address stated herein ar to <br />such oilier address as Lender may designate h} hotter to Barn~wer as provided herein. Any notice provide3 far in this <br />Mortgage she?1 Ire J~mcd .o leave- b^atn given tc Bcrmwtr ar Lender when given in the manner designated bocci[[. <br />i£. Uniform Afartgage; Governing Law; Severability. 'this farm of mortgage combines uniform covenants for national <br />use and non-uni[orm covenants with limited variations by jurisdiction to constitute a uniform security instn,ment covering <br />teal property. 'IY,is Mortgage shat! be governed by tfre I.tw of the jurisdiction in which the Fraperty is locatzd. In the <br />ove?tt drat env prevision nr c13t,s.• of this Mangage er the Note confiiets with a tplicahle la~~•, such canl!ict shall nos aff~t <br />I <br />other provtstons of .his Ivfargage ar the Nett which can be given effect without the conflicting provision, and to this <br />end the tFravsit,i~~ - ~ie~=-i<'t~ and 'e'rte AiL,tc arc eitclarea' io be stvtrabde, <br />sa ~--~-wer=s ~:~y. Is,~rr.~cr shall tx furnished a eanfarmed copy of the Nate and of this Afartgsge at rite time <br />of execution or after rrrnrdatian hereof. <br />27. Transfer of the Property; As~:umptian. If all or any part of the Property or an interest therein is sold ar transferred <br />by Borrower without Lender's prior written consent. excluding (a} the creation of a Tien ar encumbrance subcorctinate to <br />this Mortgage. (bl the crcauun of a purchase money security interest far household appliances, (cl a transfer by devise, <br />descent or by optratian a{ lax upon the death of a into[ tenant ar fd) the gram of any leasehold interest of three years or less <br />oat containing an option n: purchase. I ender may. at Lender's option, declare all the sums secured by this Mortgage to be <br />imntediatcly due and payable. Lender shall have uatved such option to accelerate if, prior to the sale or transfer. Lender <br />and olio person to whottt the Proper[} i. to be sold or transferred reach agreement in writing that ttte credit of such person <br />is satisfacto, y to I~nuer znd that the intcre>t payable tin the sum+ secured by this Mortgage shalt be at such rate as I ender <br />shall reyuest. 1t I ender has watveJ the option to accelerate provided in this paragraph 1?, and if Borrower's successor i=t <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower tram sit <br />obligations under this Mortgage and the Nate. <br />If Ltndcr exercises suet[ of=won fo aee3era[c. Lender shall mail Borrower notice of acctitratian in accordance with <br />paragraph Id hereof. Such notice shall provide a period of not Tess than tp Jays fri>m the date the notice is mailed within <br />which Borrower may pa} the sums decEared due. if Harrower faits to pay such sums prier to the expiration of such period, <br />Lender may, without further notice ar Jemand on Borrower, smoke any remedies permitted by paragraph 18 hereof. <br />xoa+-Utts:;a; Crve;;~';3. iK,rrawer and I.erder further covenant and agree as fotitvs' <br />i8. Acctieratiaa; Remedies. Kxc=pt ~ prrovided is paragraph !7 [cereal, upon Barrowe:'s breach of ary rnvEnsa! or <br />agreement of Borrower in this Mor~agq including the covenants to pay when due any sums secured by this Mortgage, <br />Lender prior to acceleration shsii maH trotire Eo Borrower as provided in paragraph t4 hereof specifying: (f) the breach; <br />(2) the ackian required to lute such Drench; i3) a date, trot tee than 3ti days from the daft the notice is maHed to Harrower, <br />by which such breach meat be cnrcd; and (4) That lettuce to cure such breach an or before the date specified in the notlre <br />may result in acceleration of the sums secured by this Mortgage, foreclosure by jadicia! proceeding and sate of fhr Property. <br />1'be natter shall farther lateen[ Borrower of the t~ht fo reinstate aHer acceleration and the right to assert in the foreclosure <br />procsedittg the ttontxlatence of a default o: soy other defense of Borrower to acceleration sad foreclosure. 1(E the breach <br />izi oat cur>zd on or before the date spscdied is the notice, [wader at Letder's option may declare all of the sums secured by <br />tttfs Mortgage fo be imatediatety dots and payable without further demand and may forcciasY by f ndiclal proceeding. Lender <br />shall Dg endtfed to entice[ is such proceeding nit expenses of foreclosure, iacluditcg, but not limited to, costa of documentary <br />evidence, abstracts and title reports. <br />19. 8orrower's RIgbt to R.eittstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />