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<br />Lender's written agreement ar applicable taw. Borrower shalt pay the amount of ail rxtortgage insurance premiums in the <br />manor: pravideci under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with Interest thereon, shalt 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 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 r,ayment 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 ~ shall regain Lender to incur any expense or take <br />any action hereunder. <br />8. Inspection. 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 [o any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation, The proceeds of any award or claim for dama¢es, direct or consequential, in connection with any <br />condemnation or other taking of the Property, ar part thereof, or far conveyance in lieu 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 be applied to the sums secured by this Mortgage. <br />with the excess, if anv, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and bender <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 [he sums secured by this Mortgage immediately prior to the date of <br />taking hears 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 ii, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages. Borrower fails ro respond to t..ender 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 m restoration or repair of the <br />Property nr to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in wr'sting, am• such application of proceeds to principal shall not extend <br />ar postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof ar change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or madificntian of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Harrower shall oat operate to release, in any manner, <br />the liability of the original Borrower and Borrower's sucrossors in interest. Lender shall not he required to commence <br />proceedings agains such successor ur refuse to extend time far payment or otherwise modify amortization of the sums <br />secured by this \4~rrtgaec by reason of any demand made bt• the nrininal Harrower and B+uraw•er's sttccp~sors .n interest. <br />it. i~orbearance by Tinder Nat a Waiver. Arrv forbearance 6y f.cnder in exercising any right or remedy hereunder, or <br />otherwise atorded be applicable law, shall oat he a waiver of or preclude the exercise of any su+h right ar remedy. <br />The procurement of insurance or the payment of taxes ar other liens or charges by tender shall oat be a waiver of [.ender's <br />right to accelerate the maturity of the indebtedness secured by this Morteage. <br />12. Remedies Cumulative. All remedies provided in this Rlartgage are distinct and cumulative to any other right ar <br />remedy under this Mortgage or afforded by law or equity, and may t+e exercised rancurrently, independently ar successively. <br />13. Successors and Assigns Bound; Joint and Several Liabilih•; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunderahall inure ta, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shalt he joint and severel. <br />The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />14. Notice. Except far an}• notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he given by malting such notice by certified mail addressed to Borrower at <br />the Properly Address or ai such other address as Borrower may designate by notice to Lender as provided herein, and <br />{h) any notice to Lender shall he given by certified mail, return receipt requested, to lender"s address stated herein ar to <br />such other address as Under may designate by notice to Borrower as provided herein. Any notice provided far in this <br />?vfartgagc shall be denoted tit have keen given to Harrower ar I.endt:r when given in the manner dasignatt:d herein. <br />i5. Unifornt Mortgage; Governing Law; Severahllity. This form of mortgage. combines uoiform covenants for national <br />use and non-uniform rnvenxnts +vith limited variations fi• jurisdiction u+ constitute a uniform security instrument paverirtg <br />real property. This htartgagp shall t~ governed In the law- oC the iurisdietian in which the Property is i+r afrd. In fhr <br />c vent that anv provision o; clause of this Martrage t+r the Nate eanllicts with applieablp law, such canf±ict =hat! oat affect <br />other provisions of this Tvfortgage or the Note which can ht given effect without the eonflicling pravieion. and to thi3 <br />end the pr .visions .~ t}tc c+-,rtgr.ge and the ti,_.t+r ere dccrtred to he ,rvcrabie. <br />I6. F~rr+t~zrs~CopE'. Harawcr shsti he fttrnithrti ,t c^anf~+rn-:~'d vnT p' ++f ;he ,+;, ,+ .,rt=1 t+f thr~ hi~~iR~rtc a, tht trtnr <br />of esecutic?n ar ;rfter rernrduut+n hereof. <br />I7. Transfer of the Property'; Assumption. IC all ++r any part of the Property or an interest therein is sold ar transferred <br />by Borrower +wthout Lender's pricer wriUpn eonseni. excluding tat the creation ul a lien ar enpumhranre whtudinatc to <br />this Mortgage. (b) the creation of a pun:hase money' security interest (or household appliances, (cl a transfer by devisr. <br />descent or by operation of iae upon the death tit s joint tenam or (dt the grant of am' leasehold interest of three years ar less <br />not containing an option to purchase. Lender ntay, :n 1 ender', option. detlarr all the some ttx'ured by this Ott+rtgagc to hr <br />irnnxdiately due and pa}•ahlp. :ender shall have a:uved such option n+ axclerate if, prior to the sale nr transfer, lender <br />and the person to whom thr Property i+ to ~ u?Id nr tramfcrrcd reach agreement m +vriting that the credit of ouch person <br />is sa[isfac;orv to Lender and that thr interest payat+le on the soon encored h+' this \A+ngage shall be at such rasp :t, l.cndrr <br />ah;dl request. If Lender has waived the option rt+ acceler:ue providrJ in thi> paragraph 17, and iC Borrower's successor in <br />interest hot executed a written asutmptioa agreent+•rn accepted in +vriting by I eudar 1 ender shall rcleuse Borrower tram .tit <br />obligations under this R9ortgagc acrd thr Yoh:. <br />If Lendt<r cnereis._t such .?ptJnn tr+ accclerah . ! s°tttia•r -t.at! mail Bo: r,+:+cr nc+tic;: <+f' acceleration in accardan€p with <br />paragraph 14 ttprenf. Such notice ehalS prartdc a period of tort Icss than 3H does from the date the notice is mailed within <br />which Harrower may pay the wms declared due. It B++rrtn+-rr fad> to pay suet, sums prior to the cxpiratian of such period, <br />Lender nmy, without fnrthcr notice nr+lernand an Hnrmwpr, mvokr any remedies prrmated by paragraph 1R hereof. <br />N•r• t t"'t e~a?F `• r .,.-- ~+t r+:v. t ,stE Lpncter firth - _v ~.tuttt a; d a;t~ ~s ~,+liaws: <br />18. Acceleailou; Remedies, Except as provided is paragraph 17 hereof. upon &trrower's breath of soy roveaaat nr <br />agreement of Borrower in this itorl>tafie, inchrdinR the covenaata to put when due am' sun>_ti secured by this Mortgage, <br />Y.ender prior to acceleration shag mall maim to Borrower as Prnvidedrn part~raph 14 hereof specifying: (t) the breach; <br />f2) Nte action required to rare such breach; f3) a date, trot less than 30 days from the dale the notice is mailed to Borrower, <br />by which such breach nmst be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />may result in arreteration of the sums secured by this 4tortgape, foreclosure by jttdirial proreedirtg and sale of the Prriprrty. <br />`t'he naticr. shalt further inform Borrower of the rlgbt to reirwt!te after acceleration and the right to assert in the foreclosure <br />proceeding the non-extstenre of a default or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is.not cured on or before the date specified t~ the notice, [.ender at Lender's option may declare all of the sums secured by <br />this Mortgage to he immediately due and pa~•able without further demand and may forechtse by judicial proceeding. Lender <br />shad be entitled to collect in such proceeding all etcpenses of forectosnrc, including, but not limited to, costs of documentary <br />evidence, abstracts and title reports. <br />14. ..°.arrazaee's Right to Reirstafe. IYatwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Burrower shalt have the right fo have any' proceedings begun by Lender to +:nfon:e this Mortgage discontinued at any time <br />