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.~,~" q 1• ~~~,a I.~ ~.~ <br />Lerdri s written agreement or applicable Iav:r. Barrower shall pay the a:raount of ail mnr.gage insurance premiums i,n the <br />manner provided 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 Harrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender ;a 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 shat] 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. 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 to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />4. 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 patt thereof. err for conveyance Sn lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event of a tote! taking of the Property, the proceeds shall be applied to the sums secured 6y this Mortgage. <br />with the excess, if any, paid ?n Bormuer. in the event of a partial taking of the Property. unless Borrower and Lender <br />otherwise agree in writing, there shall he applied to the sr.ms secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amaunt of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market valae of the Propene immediately prior ro the date of taking, with the balance of the proceeds <br />paid to Burrower. <br />if the Property is abandoned by Borrower or if, after notice by Lender to Bormwer that the rnndemnor offers to make <br />an award or settle a claim for damages, Borrawer faits to respond to Lender within 30 days afte.* the date such notice is <br />mailed, Lender is authorized ro roller? and sppiy the proceeds, at Lender's option, either to restoration or repair of the <br />Property ar M the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. ant such application of proceeds to principal shall oat extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof ar change the amaunt of <br />such installments. <br />10, Borrower Not Released. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Mortytagc granted l,y Lender to any successor in interest of Aorrower ahall not operate ro release, in any manner, <br />the liability o:' the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings ai;ainst such successor ar refuse to extend time far payment or athersvisc modify amortization of the sums <br />secured b} rills Mortgage i,y reason of any demand .made by the original Borrower and Borrower's SneeeSSULS in interest. <br />il. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right ar remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of ar preclude the exercise of anv such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shall nM be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulafive. Ail remedies provided in this Mortgage are distinct and cumulative to any other right ar <br />reined}' tinder this Mortgacc or afforded by law or equity, and may he exercised concurrently. independenth• or successively. <br />13. St:ccessors and Assigns Boand; Joint and Several LiabHity; Captions. The covenants and agreements herein <br />rnntained shall bind, and the rights hereunder shall inure ta, the respective successors and assigns of Lender and Borrower. <br />subjec? to the provisions of paragraph 17 hereof. .411 covenants and agreements aF Borrawer shalt be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are far convenience only and are not to lac used to <br />interpret or define the provisions hereof. <br />i4, Notice. Except for any notice required under applirtble law to be given in another manner, (ai any notice to <br />Borrower nrovided for in this Mortgage shall tae given by mailing such notice by certified mail addressed to harrower at <br />the Proprny Address ar at strch other address as Borrower may designate by notice to Lender as provided herein, and <br />(h) any notice to i_ender shall he given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender ma} designate by notice to Borrawer as provided herein. •4ny notice provided for in this <br />.lortgagr shall be deemed to hour t,ren given to Barrower or Lender when givc.t in the manner designated herein. <br />IS, LlnLform Mortgage; Governing I.aw; Severahility. This form c,f mortgage combines uniform covenants for aatianal <br />use And non-u?tifornt covenant-: with limited variations by ;urisdictior. to constitute a uniform security instntment covering <br />real propene}' This Mort;age shalt Re governed by the taw of the jttrisdictiar. in which the Property is lxated. In the <br />event iinii :toe t Rvisitiri e r t.ii+uie a` this Mongaec nr fhc Note ctinfiicis with applicable IAw', SnCh conflict shall not aiTcet <br />other nroviinns of [hi. Alnt*.g_ __ .-r th._ lner whyh (.M• s,ve., rflPet w~ith,~ut the :onfit:tt^g c ..,.,-,.. and So t?:;~ <br />end the provisions of the Si rtQage and rile tints are declared to be severable. <br />lti. Borrower's Cop:. Barrawe: shall hr furnishe.'. a contormed copv of the 'tote and of this Mortgage at the lime <br />of execution or after recordation hereof. <br />iT. Transfer of the Property; .4s umption. ii all or anv part of the Pmperh~ ar an interest therein is said or transferred <br />by Barrower without Lender's prior written ~onsem, excluding tat the crc;atian of a Tien nr encunthrance suhordinatr to <br />this hiartgage. (hl the creation of a purchase money security interest for household appliances, (cl a trapsfrr by devise, <br />descent or by open;lion of law upon the death of a iomt tenant or fell the gram of any leasehold interest of thrcti years roe lees <br />not containing an optian to purchase, Lender ma}', at Lender's option, declare all the sums secured by this btnrtgage to he <br />immediately due and payahie. i ender ehalf have w-arved Bach option to accelerate if. prior to the sale or u-aasfer. Lender <br />and the pr.rson to whom the Yroprrt} i. to be sold or transferred reach agreement in wrihng that the credit of such person <br />is satisfactor}• to l.et.der and that the interest payahlc on the sums secured by this fstortgage shall be ai such rate as Lender <br />shall request if 1 ender has waived the ,+ption tY, accelerate provided in this paragraph 17, and if Barrower; eu.cessor in <br />interest has executed a written assumpt;on agreement accepted in writing by Lender, Lender shall release Barrower frx,m all <br />uhiigatians under thre htorrgagr and the Nate. <br />it Lender exerci,es such option hr accelerate, Lender shall moil Be+rrrncer notice of acceleration in arcaniance with <br />paragraph 14 hereof Such notice shall provide a period of not Icss than ?0 days from the darn the notice is mailed within <br />which Barrower ma} pa} the wins declared due. tt Borrawer fails ro pay such sums prior to the expiration of such period, <br />ixndcr mac. without funhrr native ar demand an Borrower, invoke an}` remedies permitted by paragraph ifi hereof. <br />Pv++x-Ltxtrannr <-ovexaxr-s- Bcarrawrr anti i_rncier further ccn'enant and agree as t'ollaws: <br />lfi. At~^alEration; Reutedles. €acept as provided in paragraph [7 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this 3lortgagr, including the covenants fro pay when due any sums secured by this Mortgage, <br />Lender prior to aecekraeion sbsll mail mrtice to Borrower as provided in paragraph t3 hereof specifying: tl) the breach; <br />(2) the as*civn required to cure such breach; (3) a date, not less titan 30 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and (4) that failure tv care such breach on or before the dolt specified in the notice <br />may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />TAe notice shall further inform Borrower of the right to minslate after accelerntion and the right to assert in the foreclwure <br />procecdia~g the noa-existence of s defaui* or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is not cured on or before the date specified is the mttice, bender al Lender's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payable without fuHfier demaml and may foreclose by judicial proceeding. Lender <br />shag br enhitled to coBcct in such proceeding a8 expenses of foreclosure, including, but not limited to, costs of documattary <br />evidence, abstracts and title reports. <br />14, Borrower's Right to Reietstate. Notwithstanding Lender's acceleration of the sums secured by this Mangage, <br />Borrower shalt have the right to have any proceedings begun try Lender to enforce this Mortgage discontinued at any time <br />