<br />i.ettd¢;r"'u v7:rirtie.in ~~,greemer[t c*r afroplis:abLe gran. Boanrosw~r:r taise~li pay rlaz aspsstrtnll ;~If' ail moRgrtgs~ linisiurautce prenriis,irmn :n rste
<br />rrpainner pr'c>e.';i;,C; :sndcc'r paragraph ? hereof.
<br />Arsy airto~nts disbursed by Lender pursuant ro this paragraph '. wilt; interest thereon. sheY'I became additional
<br />indeb ednes~ :'f Borrawer secasd by this Marrgage. Unless Borrower and Lender agze to r;iher terms rf payment. suds
<br />amc~~nts - ;ail be payable apon naiicz frcm Lender to Borrawer requesting payment thereof. and shall treat interest from the
<br />date of disb;:rsemert at the rate payable fram rime ra time on outstanding principal under the Note unless payment of
<br />interest at such rate would fie contrar}• to applicable law, in which event such amounts shalt bear interest at the highest rate
<br />permissible under ;.ppiicabie law. Nathine contained in this paragraph 7 shall require I-ender to incur any expense or take
<br />any act"s^n hereunder.
<br />S. inspection. Lender may make or cause [a be made reasonable entries upon and inspections of the Property. provided
<br />that Larder shall give Ba-;Doren notice prior to am such inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Propery.
<br />9. Condemnation. The pr,ceed~ of any award or claim for damages, direct or consequential. in connecrion wi*.h any
<br />candzmnaden or other taking of the Property. ar part thereof, ar for conveyance in lieu of condemnation, are hereby assigned
<br />and shall bz paid to Lender.
<br />In the event of a total taking of the Property. thz proceeds shall be applied to the sums secured by this 1`rfortgage,
<br />with the excess, if any, paid to Borrower. In the event a` a aartial takine of the Property, unless Borrower and Lender
<br />otherwise agree in writing, Thera shall tsz applied is the sums secured by this Mortgage such proportion of the proceeds
<br />` as is equal to that proportion which the amount of the Sams secured by this Mortgage immediately priar to the date of
<br />taking bears to the fair market .•alue 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, or if, after notice by Lender to Borrower that the condemnor offers to make
<br />an award or setfle a claim for damages, Borrower faits to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proceeds. ar Lender's option, either to restoration or repair of the
<br />Property ar ro the sums secured by this Mortgag€.
<br />Unless tender and Borrower otherwise agree in writing, any 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 2 hereof or change thz amount of
<br />such installments.
<br />10. Borrower 1`YOt Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,
<br />the liability of thz original $orrawer and Borrower's successors in interest. Lender shall not be squired to commence
<br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this 1S*,r.rtgage ov reason of any demand made by the original Borrawer and Borrower's successors in interest.
<br />H1. corbearattce bw Lender Not a 6Vaiver. Any forbearance by Lender in exercising am• right or remedy hereunder, or
<br />otherwise afforded b}' applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance ar the payment of taxes or other liens or charges by Lender shalt not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Mortgage.
<br />]2. Remedic= Cumuiafive. All remedies provided in tlsis Mortgage are distinct and cumulative to any other right or
<br />remedy unde* this Mortgage or afforded by law or equity, and may he exercised concurrently. independently or successively.
<br />13. Successors and Assigns Sound; Joinf and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shalt 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 com•enience only and are not to be ttsed to
<br />interpret or define the provisions hereof.
<br />I6. 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 Londe; as provided herein. and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to
<br />such other addsss as Lender may designate by notice to Borrower as provided betel.^.. Any notice provided far in this
<br />Mortgage shall be deemed to havz been given to Borrower ar t,ender when given in the manner designated herein.
<br />I5. Uniform Mortgage; Gaveroing Law; Severability. This form of mortgage combines uniform covenants for national
<br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument ^ovenng
<br />real property. T??is Mortgage shall be governed 6y the law of the jurisdiction in which the Property is located. In the
<br />event that any provision or clause of this Mortgage or the RTote confiicts with applicable lab`. such conflict shalt not affect
<br />other provisions oft Mortgage or the Note which can be given effect syithaut t;re conflicting ptavision. and ra this
<br />end the provisions of}the Mortgage and tht Note are declared to be szverable.
<br />I6. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time
<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 priar written consent. excluding (a) the creation of a lien ar encumbrance subordinate to
<br />this Mortgage, fb} the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent ar by operation of law upon the death of a joint tenant or (dl 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 a::d payable. Lender shall have waived such option m accelerate if, priar to the sale ar transfer, Lender
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory [o Lender and that the interest payable on the sum<. secured try this Mortgage shall he at such rats as Lender
<br />shall request. If Lender has waived the aptian 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 shalt release Borrawer from ail
<br />abligntions under this Mortgage and the Note.
<br />If Lender exercises such option io accelerate. Lender shall mail Borrower notice of aceeieration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days fram the date the notice is mailed within.
<br />which Borrawer may pay the sums declared due. If Borrower fails ro pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph 13 hereof.
<br />Nori-IJ~ttraa>,t Cav~x~Nas. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleratson; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of soy covenant or
<br />agreement of Borrawer in this Mortgage, including the covenants to pay when due any suer; secured by this Mortgage,
<br />Lender prior to acceleration shall malt notice to Borrower as provided in paragtapfi 44 hereof specifying: il) the breach;
<br />(2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower,
<br />by which such breach must 6e cured; and (4) chat failure to cure such breach on or before 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 notice shall further inform Borrower of the right to rciastate after acceleration and the right to assert in the foreclosure
<br />proceeding the non-exisle>Me of a default or any other defense of Borrower ro acceleraHon and foreclosure. if tfie breach
<br />is Doi cured on or before the date specified is the entice, Lender at Leader's option may declare all of the sums secured by
<br />this tilartgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender
<br />shall be entitled to collect in such proceedieeg nit expenses of foreclosure, including, but ..mot limited to, costs of documentary
<br />evidence, abstracts and title reports,
<br />19. Borrower`s Right to Refeeslate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage,
<br />norrawer shalt have £ne right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time
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