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'~Evettdlcr's written aireement or apph;;ablz law. Borrower shalt pay the atnusuat of all mortgage insurance premiums in the <br />mangier provided urgder paragraph 2 hereof. <br />A~~ny amocents disbursed by Ltndeq' G~ursruattt to rctgis p~:rrtgraph '~, with interest thereon, shalt becomr, additionaY <br />indeb"edngss of Borrower seeurzd by thi: !gd',ortgtgge. Llmgiess Borrower and I-ender agree to other terms of payment.. such <br />amoeantra shall be pavabie tgpan native from i.~•nder to Barrrowzr requea;ticeg i~aymcmrt thzreof„ and strait hear interest from the <br />date of disbursement at the rate payablz from time to time on otvtstandimt=, principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law. in which event suet: amounts shall bear interest at the highest ra¢e <br />permissible under applicable law. Nothing contained in this paragraph 7 shalt require i_ender to incur any expense or take <br />any ac#ion hereunder. <br />$. $nspertion. Lender may make o.* cause to be made reasonable entries upon and inspections of the Prap-rty. provided <br />that Lendar snail give Borrower notice prior to any such insY.,ctien =.pecifying reasonable cause therefor related to Lender`s <br />- interest i^ the Property. <br />?. Candemnatton. Thz proceeds of any award or claim for damages, direct ar cr?nsequentiai, in connection with any <br />condemnation or other taking of the Property, ar part thereof. or for conveyance in lieu of condemnation, are hereby assigned <br />and_hall he paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he applied to the sums secured by this Mortgage. <br />rr++ with the excess, iF any. paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender <br />otherwise agree in writing. there shzlt be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proporfior, which the amount cf the sa:rs szcarzd by this Mortgage immediately prior to the date of <br />L,~ taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />;s~+ ~ paid to Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by Lender to Harrower that the condemnor offers to make <br />an award ar settiz a claim tar damages. Horrov+er fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and appip the proceeds, at I-ender's option, either to restoration or repair of the <br />Property ar to the sums secured by this Mortgage. <br />t91 Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />i~ or postpone the due date of the monthh installments referred to in paragraphs t and ?hereof or change the amount of <br />such installments. <br />26: Borrower Not 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 ¢he original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against such successor ar refuse to extend time for payment or otherwise modify amortization of the sums <br />secured b}' this Mortgage 6y reason of any demand madz by the orsinai Borrower and Borrower"s successors in interest. <br />f 2. P'ortearanee by Lendes Not a dti'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />aiher~is. affardtd by appl~cabl° !° snail eat be a wa , ~f ar preclude the exercise of any such right ar remedy. <br />The procurement of insurance or the payment of taxes nr other liens or charges Fy Lender shall not be a waiver of Londer's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />Ix. $2emadies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may he exercised concurrently, independently or successively. <br />I3. Successors and Assigns $tound; Joint and Several $.iaSility; Captious. The covenants and agreements herein <br />contained shad bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. Ail covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are far convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />24. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Horrower 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 Lender 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 address as Lender may desi¢nate by notice to Borrower as provided herein. Any notice provided for in this <br />Afortgage shall he deemed to have been given to Borrower or [.ender when given in the manner designated herein. <br />25. Uniform Mortgage; Governing Law; Severab{lity. This form of mongage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction ro constitute a uniform security instntment coveting <br />real nroperty. This Mortgage shall be governed by th; law of the jurisdiction in which the Property is located. In the <br />evert that arty pravisiam or clause of this A`.o,-:gage ar the N~ to centlicts wish applicable law. ss.~h canfiict shall not affect <br />other provisions a€ this ~tartgage ar the Mete which pan he given effect without the can€ticting pn~visian: and to this <br />end the provisions of the Mortgage and the gate arc deciarcct to he severable. <br />iw. :;.^r:ow~r's Cady. Bart~R~r shall i?e furrish~d a ~enfermed Sept of t!:~ Nofz and o€ this 'vtortgagt at the time <br />of execution ar after recardaiion hereof. <br />I7. Trausfer of the Property; Assumption. If ail ar any part of the Property or an interest therein is sold or transferred <br />by Bormwer without Lender's prior written consent, exclmding !a) the creation pf alien or encumbrance subordinate to <br />this Morgagt, (h) 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 (dt the grant of any icasehold interest of threw years or Less <br />not containing an option to purchase, Lender may, at Lender's option, declare al! 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 sate or transfer, Lender <br />and the person to wham the Property is ro be sold or transferred reach agreement in writing that the credit of such person. <br />is satisfactory to i_endcr and that the interest payable on the sums secured by this Mortgage shall fie at such rate as Lendar <br />shat) request. If Lender has waived the option to accelerate provided in this paragraph 17, and iE Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by i.ender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option [o accelerate, [.ender shall mail Borrower notice of acceleration in accordance with <br />paragraph i•t hereof. ouch notice shall provide a period of not less Than 30 days from the date the notice is mailed within <br />which Borrower may nay the sums declared due. if Borower (ails to pay seen sums prior to the expiration of such period. <br />t.cndcr may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 here?#, <br />Norv-Urucoa++ C:ovt•:N~xTS. Borrower and Lender further covznant and agree as [allows: <br />- :©. ;.eittz=ra€hz,.. nst~di~^s.. ~;Ltpt ~ p:ovidtdna par graph i7 hereof, upotf ~ssvwer's ttseacit of an} stovtr+'fst or <br />agetentent of Borrower in this ~fartgage, including the covenants to pay when dot any sums secured by title Rlorigagt, <br />f-ender prier to acctkratian shall mail notice to Borrower as proridtd in paragraph f4 hereof specifyi+eg: (f) the brrarb; <br />(2) the action required to cure such breach; (3) a date, not less than 3~ days from the date the notice is mailed [o Bormwer. <br />by wkicb suck breach mt+st be cured; and {4) that failure to cure such breach on or before the date sptci6ed in the eerier <br />may result in acceleration of the same secured by This MoNgege, foreclosure by judicial pmceedi+tg and snit of the Property. <br />The notice shall further inform Borrower of the right to reinstate afrer acceleration and tilt right to assets in the forxclostrre <br />praceed+ng the nett-existeuee of a defanit or any other defense of Borrower to acceleration and foreclosurt. ff eke breach <br />Fs not cored on or before the daft specified in the notice, fender at $xnder's option may declare all aF the sums secured by <br />thls Mortgage to be immediattly dot amt payable without further demand and may foreclose ley judicial proceeding. [.ender <br />stroll be entitled to collect in such proceeding all expenses of Forcclosnre, including, but apt limited to, costs of documentary <br />evidence, abstracts and title reports. <br />t9. Borrower's R~ht to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shaft have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />KSB-Form 10, Page 3 <br />