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,- . <br />,~ ~~ <br />~'~.,u,~ M.Y'~,~,>,~tk7o <br />t.tndr=''. written agreement ar applcabB~e Oair.. Etarrrr~~ner shaT! pay tlhe atr¢attrtt elf alp uruorN,gat;;: nn,tcr~:imc'.~e premtkitn,s io tote <br />manner pr'aviderp uraslcr paragraph 'Z pt~^.reof. <br />e4ny amounts disbtar~,d by Lender pursuant to this paragraph T. with intaee?^sf fhererron, shall becanve add~itiaral <br />indebtedness c}f Borrower secured by this Martgage. unless Borrower and Fender agree to other forms of payment, such <br />amour is sha!i ~ pa}'able upar, natice from Lender to $orrewer requesting payment '.hereof. and stroll Fear interest from <br />date of disbursement at the rate payable from time to time an outstanding principal under the Nate unless payment of <br />interest at such rate would be conErarr to applicable law, ut which event such amoums strait hear interest at the higfiest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any e..*,perse or take <br />any action hereunder. <br />$. Inspection. Lender may make or cause to be made reasonable entries open and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor refatad to Lender's <br />interest in the Property. <br />9. Condemnation. Toe proceeds of any award or claim for damages. direct or consequentia?, in connection with an}' <br />candemnation ar other taking of the Property. ar part thereof, or far conveyance in lieu of candemnation. are hereby assigned <br />and shall be paid to Linder. <br />Tn the event of a total taking of tt... Property. the praxxeeds shall be applied to the sums secured by this Mor•gage. <br />with the excess. if any, paid to Borrower. Fn the event of a partial taking of the Property. unless Borrower and Lender <br />otherwise agree in writing. there shall he 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 immediately prior to the date of <br />taking bears to the fair market value of the Fropertc immediately prior to the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned b~. Borrower, or if, after notice by I-ender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrawer fails to respond to tender within 70 days after the date such notice is <br />mailed, bender is sorb. rued to called and apply the proceeds, at Lender's option. e'sther to reatora:ion or repair of the <br />Property or to the sums secured by this Martgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to prineipa'. shall oat extend <br />or postpone the due date of tfie monthly installments referred to in paragraphs 1 and y hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for paymert or modification of amortization of the sums secured <br />by this Martgage granted by Lender to an}• successor in interest of Harrower shall oat operate to release. in any manner. <br />the liabihrr of the original Borrawer and Borrower's suceessors in interest. I-ender shall oat F,° required to cnmmeree <br />proceedings against such successor ar refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />11. Forbearance by 's.ender Not a Waiver. Any forbearance by Lender in exercising am right or remedy hereunder, or <br />otherwise afforded by applicable law, sha?i not be a waiver of or preclude the exercise of any such right or remedy. <br />The procureme;t. of insurance or the payment of taxes ar other liens or charges by Lender shall not be a waiver of Lender's <br />right to accclcretc the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. Ail remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Martgage or afforded by law or equity, and mar be exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound; Joint and Several T.iab7ity; Captions, The covenants and agreements herein <br />contained shall bind, and the rights hereunder hall inure to, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions at 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 corn enience only and are not to be used to <br />interpret or define the provisions hereof. <br />i4. Notice. Except for ary notice required under applicable law to be given in another manner. (ai any notice to <br />Borrawer provided for in this Mortgage shat! he given 6}• mailing such natice by certified mail addressed to Borrower at <br />the Property Address ar at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b? any notice !o Lander shag he given b}• certified mail, return receipt requested. to Lenders address stated herein or to <br />such other address as Lender may designate by notice to Harrower as provided herein. Any notice provided for in this <br />Martgage shall he deemed to have been given to Borrower ar T.ender when given in the manner designated herein. <br />I5, ilnifotm Mortgage; Governing Law; Severatiilfty. 'This form of mortgage combines uniform covenants for national <br />vse and non-uniform covenants with iimifed variations by jurisdiction to constitute a uniform security instrumem covering <br />real property. This Martgage shalt be govzmed b}' the law of the jurisdiction in which the Property is located. In the <br />evert that any provision ar clause of this Mortgage ar the Note canfticts with applicable law, such conflict shall oat affect <br />other provisions of this Mortgage or ttte Note which can be given effect wiihrntk the c;tnflicting provision, and to this <br />end the provisions of the Martgage and the Note are declared to he severable, <br />16. Borrower's Copy. Borrower shall be furnished a rnnformed copy of the Note and of this Mortgage at the Lime <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of taw upon the death of a joint tenant or (dr the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the pzrsan to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums waved by this Mortgage shall be at such rate as Lender <br />shall request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from alt <br />obligations under this Martgage and the Nate. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 13 hereof. Such natice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Harrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such partid. <br />Lender may, withow further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nara-Uiaies4r<t Covetanivrs. Harrower and i~ndcr further covenant and agree as follows: <br />1$. Acceteratian; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrawer in this Mortgage, inetadittg fhe covenants to pay when due any sums secured by this Mortgagq <br />Lender prior to acceleration sbaB mat! notice to Burrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the action required to cure snc6 breach; (3) a date, not less than 30 days from the date the notice is maikd to Borrower, <br />by which such breach mast be cured; and (4) that failure to cure such breach on or More the date 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 />The notke shat! further inform Borrower of the right to reinstate after acceleration and the right to asseR in the foreclosure <br />procecd'tng fire ewa-exi~sieoce of a defantt or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is not cared on or before the date specified in the natice, Leader at Lender's option may declare sll of the sums secured by <br />thLs Mortgage to lie immediately doe and payable without fu:Nher demand and may foreclose by judicial proceeding. Lender <br />shalt be entitled to rnllect in stub proceeding all expenses of foreclosure, including, but trot limited to, costs of documentary <br />evidence, abstracts and titie reports. <br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shah have the right to have any proceedings begun by Lender to enforce ants ;Mortgage discontinued at any time <br />