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<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 <br />