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".""' N~~,,.j'~rv~ ir.~ ~~P ~ rM <br />n+. ~ <br />I.w.nat~e'r"+; utip,tettii a~tr~eemcnt or s~ppl.cable Brant^_ Baurrrcn,cry?; cabala fray thw, annoinnt ta~f aMli mnortif,agr, Rrasiurr;ni:.n: pciemumrrttus i.. nhe <br />m:rnntrr Trrn. vud:i.+', uutder B>atragratph " hrzec~~f_ <br />Ahta}~ anGC:trita rai~sbtr.~~se~d bw Lender ~~Iru'rsuant to fVu~iLx paragraph 'f. wash inteu~at tirereott. sha'l'l become uufi~¢"voe;al <br />inde'o+edness of 3orrawer secured by this Mortgage- Lnkss Borcawer and ixnder agree to ether terms of paytnen?. such <br />amounts shall be payable .;pan notice from Lender to Barrawer requesting psyrrtent tltcreaf, acrd shat! bear interest from tlse <br />date of disbursement at the rate payable from time to lime on ou:standing principal under the Dote unless paytrttnt of <br />interest ai such rate would be contrary to applicable law, in which event such amounts shalt bear interest at the ' ighest rate <br />permissible t;eder applicable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense ar take <br />any action hereunder. <br />8, tnspecrion. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Harrower notice prior to any such inspection specifying reasonable catse therefor related to Lender's <br />interest in the Property. <br />°. Condemnation. The proceeds of any award or claim far damages. direct or consequential, in connection with an}' <br />condemnation ar other taking of the Property. or part thereof. or for conveyance in lieu of condemnation. are hereby assigned <br />and ..<,hal1 be paid to Lender. <br />In the event of a total taking of the Properly, the proceeds shall be applied to the ;vms secured by ?his Mortgage. <br />with the excess. if any. paid to Harrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing. them shall be applied m 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 67 this Mortgage immediately prier to the date of <br />taking bears 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. or if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Berm±cer fails to respond to Lender within 3Cl does after the date such notice is <br />mailed. Lender k authorized to collect and apply the proceeds. at Lender's option. either to restoration or repair of the <br />Propertti or to the sum, ,;;cured by Phis Mortgage. <br />Unless Lender and Harrower othrru ix agree in writing. any such application of proceeds to principal shall not extend <br />ar postpone the due date of the mnnthl}~ installments referred to in paragraphs 1 and ? hereof ar change the amrn;m of <br />such installments. <br />10. Borrower NM Released. Extension of the time for payment ar mndificatinn of amani~ztian of the sums secured <br />by this Mortgage granted by Lender to any successor in interea of Borrower shall nm operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall nt+t he required to commence <br />proceedings against such s;cccssor ar refitse to emend time for payment ar otherwise madifi" amortization of the sums <br />secured ,`, this'... gage `- -easaa of any demand made by the arigtnai Barrawer and Borrowers succeswrs in interest. <br />ll. ?NOebearance by Ixnder Not a Wainer. Any forbearance by Lender in exercising anti right or remed}' hereunder, ar <br />otherwise afforded by applicable law. shall not he a waiver of ar preclude the exercise of am• such right or remedy. <br />The procurement of insurance or [he payment of taxes nr ether liens or charges by Lender shall urn be a waiver of Lenders <br />right 4n accelerate the maturity of the indebtedness secured hs this btortgage. <br />lY. Remedies Cumulatise. All remedies pratided in this btortgage are distinct and cumulative to any ether right or <br />remedy under this Mortgage. or afforded by law or equity. and may he exercised concurrently. independently nr successively. <br />i3. Successors and Assigns Bound; Joint and Seretal i.iabdity: Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to. the respective success: rs and assigns of tender and Barrawer, <br />subject to the provisions of paragraph 17 hereof. Ali cavenanrs and agreements of Barrawer shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for com•enience onl} and are not to ire used to <br />interpret or define the provisions hereof. <br />t4. Notice. Except far any notice regaired under applicable lain to be given in another manner fa) am• notice to <br />Borrower provided for in this Mortgage shall be given ny nt:uling such notice tiv certified mail addressed to Harrower a[ <br />the Property Address or at such n*.her address as Bnrmwer may designate h} notice ro tender as pmvided herein. and <br />fb) any natice to Lender shs11 be given by certified mail. return receipt requested. to Lender'; address stated herein ar to <br />such other ao ,ress as Lender may designate by notice to Borrower as pmvided herein ,4 n}• notice pravided far in this <br />?vortgage shah be deemed to have been giver. to Borrower or I ender uhen given in the manner designated herein. <br />Is. [uniform M1inrtgage; Gas'erning Law; .rse-rerability. Tltis farm cif mortgage combines uniform covenants for national <br />use and n.,::-uniform covenants with limited variati<:ns by iuris~~cfion tc cc,nstinrte a uniform securii} instrument c,~vering <br />yea) p:c±perty. ?}cis binrigzge shz':l he „nverned '-" the lea of the uri=.dictinn in which the Property is located. In the <br />event shat any prevision nr clause of this Mortgage ar the Note cnntiicts with applicable law, such cantiict shad oat affect <br />otl~r prnvisi^,.^.- ^f this ?ft.^,rt2a~o .^. the ?gate ~Fl:i~l; r i--t avv~n 2iTtct without the cantlietine pravisian, and to this <br />__ end the provisions of the Mortgage ar,d [hc Notc are declared to he .everahle. <br />16, llorraweis Cap}. Barrou•er shall be furnished a conformed cap}• of the Nate anti of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property: Assumption. if all nr an} part of the Pmpetty or an interest therein is Bald ar transferred <br />by Barrawer withoat L_ender`s onion wrinen consent. excluding ta) the creation aI a lien ar encumbrance subonlinate to <br />this btortgage, ih) the creation of a purchase money securiq interest Cor household appliances. Ic) a transfer by devise. <br />descent c+r by operation of law upon the death of a joint tenant or ids the grant of any leasehold interest of three years or less <br />net containing an option to purchase. Lender may. at Lender's option. declare all the wms secured by this Dfartgage !o be <br />immediately due and payable. Lender shall have waived such option u+ accelerate if. prior to the sale or transfer. Lender <br />and the pennn to whom the Property is to h Bald or transferred reach agreement ;n writing [hat the credit of such person <br />is satisfactory to Lender and th:u the intcre~t payable an the sum; secured by this Mortgage shall he at such rate a; i.ender <br />shall request. ti Lender has waived the apuon to accelerate provided in this paragraph 17, and if &xmwer's su. cesxx in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Burrower from all <br />obligations under this btortgage and the Note. <br />If Lender exercises such npGon ur accelerate. l.erder shall mail Borrower natice of acceleratian in accnrdsncs• a~th <br />paragraph 14 hereof. S•tr_h notice shall provide a period of oat less than 3t) days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. if Borrower tail: ra pay such sums prior to the expiration of such period. <br />Lender ma}•, without further notice or demand an Horrauer, invoke any remedies permitted by paragraph iR hereof. <br />Nux-utr'1FbaM f'ovennNrs. Borrower and Lender turther cavenattt and agree as follows: <br />18. Acceleration: Remedies. Except as provided in paragraph (7 hereof, upon Borrower's breach of any covenant or <br />agreement of Harrower in this Mortgage, including the covenants to pay when due any sums secured by this D•tortgage, <br />Lender prior to acceleration shat! mail ttotice to Borrower as provided in paragraph 13 hereof specifying: {1) the breach; <br />(Z) the action required to sure 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 to cure such breach on or before the date sped&ed in the trotice <br />'.may result in acceleration of the sums secured by-this Mortgage, #oreclosure by judicial proceeding and sale of the Property. <br />-.The notice shell further inform Borrower of the right to reinstate after acceleratian and the right to assert in the foreclosure <br />proceedng the two-existence of a default or any other defense of Borrower fa acceleration-and foreclosure. If the breach <br />is trot cured on or before the date specified in the notice, Lender at Leader's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shah Ile entitled to collect in such proceeding :,ll exeetises of forecbsure, including, but trot limited to, costs of docuttreniary <br />evidence, abstraels and titre reports. <br />19. ;4t-,rrowe2s Right to Reinstate. Notwithstanding Lender's acceleratian of the sums secured by this Mortgage. <br />Borrower shall have. the right 2u have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />