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<br />I.cnde,'s ,::riu,en agreement a;r applicable law. Borrower shall ~;ay the amount of all rror;',gisge insurance prcni ii.tms in 1r,,e <br />manner pr;vided under petrtgraplt ? hereof. <br />H,ny <a-e±r_ts disaurxed by l',~nder purxuan.: to this ,paragraph 7, wiith inzereint fhtrean„ shalt became ar~dittnnal <br />indt'atedness of Borrower secured 1-oy this Mortgage. L'nltss Harrower and Lander agree to other terms of p;.rmtnt, such <br />amounts shall be payable upon notic^. from Lender to Borrower requesting payment thereof, and shall freer interest from the <br />date of disbursement at the ;ate payable from Time to time an ouistarding principal under tfie Noit units payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shalt Dear interest at the h"tghest rate <br />permissible under applicable taw. Nofhing contained in this paragraph 7 shall require Lender to incur any expense or take <br />env action hereunder. <br />g. Iaspeetion. Lender may make or cause to he made reasonable entries upon and inspecrnns of the Properly. provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />rondemnatien or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigr<ed <br />and shall be paid to Lender. <br />In the ev°ent of a total taking of the Property. the proceeds shall be applied to the sums secured by this ?vortgage. <br />with flee excess, if any. paid to Borrower In the event of a partial taking of the Property. unless Borrower and Lender <br />othen•.ise agree in writing, there shall be 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 ro 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 Properly is abandoned by Borrower. or if, after notice by Lender to Borrower that ihc- condemnor offers to make <br />an award ar settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Linder is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the, sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt Dot :z-.srr?d <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Barron=er blot Idaitased. Exton,ion of the time for payment or modification of amortization of the sums secured <br />tsy this Mortgage granted by Lender to any successor in interest of Borrower shall net operate to release. in any manner, <br />the liability of t3ra original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by obis R-iartgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />i i. xorbearanee by Lender Not a ?Yaiver. Any forbearance by Lender in exercising am• right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ar other liens ar charges by Lender shalt not be a waiver of Lender's <br />right fa accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies 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 ere exercised concurrently. independently or successively. <br />13. Successons and Assigtes Bound; Joint and Several Liability; Captions. I'he 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 arc for convenience only and are Hat to ere used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (aT 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 Holier to Lender as provided herein, and <br />fbl 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 designate by notice tc Borrower as provided herein. Any notice provided far in this <br />Mortgage shall be deemed to have been given sa Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combi+tes uniform covenants for national <br />use annd non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />rat },rof,e~~y. "f Iris Mon>age shah he governed by ifie taw of the iurisdictian in which the Property is located. In the <br />event that a •. provision er c,au~: of this rSorteagt or the Mott confiic;ts with applicairie taw, such canl3ict shat) not affect <br />other rrovisions of this Mortuge cs the Note which can be given effect with=_nrt the conflicting provision. and to this <br />e=~u th== n - ._-- _ _ _-e and tier `yoic are declared to be severable. <br />iti, B?rrssuer'ar Copp. Lic7~ ower shall I?e furnic_hed a conformed copy of fhe Nate and of this Me*±gage at the fime <br />of execution or after recordation hereof. <br />i'7. Transfer of the Property; 4ssumption. If ail or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (al the creation of a lien or enrumhrance subordinate to <br />this Mortgage, (bj the creaticm ,rf a purchase money security interest for household appliances, (el a transfer by devise. <br />descent or by operation of la.. upon the dtath of a joint tenant or (d} 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 payahte. Lender shall have waived such option to accelerate if, prier to the safe or transfer. I_endtr <br />and the person to whom the Property' is to be sold ar transferred reach agreement in writing that the credit of such pzr.,on <br />is satisfactory to Lender and that the interest payable on the stints secured by this Mortgage shall be at such raft as Fender <br />shall request, if Lender has waived the option io 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, I_endtr shall release Borrower from all <br />obligations under this Mortgage and the Mott. <br />IC L.e±tder exercise, such option tar accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph l4 hereof. Such notice sha31 provide a period of Hat less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared doz. If Borrower fails to pay such sums prior ter the expiration of such peeled, <br />Lender may, without further notice or demand an Borrower, invoke any remedies permitted by paragraph 1$ hereof. <br />Alou_rl~teo>s'=t t_'o•_,~-~~rarE. Harrower ant Ixnder further carvtnant and s,gret as foliows- <br />lo. Accelerainrn; Remedies. Except ~ provided in paragraph 17 hereof, apps Borrower's breach of any covsnant or <br />agreement of Borrower in this Mortgage, inciudirtg ibe covenants to pay when doe any sums secured by this Mor~age, <br />I..tader prior to scceteratioo shah mail rrotice to Borrower as provided in paragraph 14 hereoF specifying: (i) the breach; <br />(2) the actiton required to care such breach; (~) a date, not kxs than 39 days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; and (8) that failure to cure such breach on or before the date specified in the notice <br />-may result in acceleration of flu; sums secured by the Mortgage, foreclosure by jadkial proreeditrg aced sate of the Property. <br />.The notice shall farther inform Borrower ^f iht right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-eaiste~e of a default or asy other defense of Borrower to accekradon end foreclosure. If the breach <br />• ~ Hat caved on or before the die specifed in the notice, Lender at Lender's option may declare all of the sums secured by <br />this bioetgage to ht immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shall he entitled to collect in such proceeding ail experraes of foreclosure, including, but not limited to, costs of documentary <br />evedesce, abstracts aml title reports. <br />i3f, Buttuwers Ilighi fa r'Ieiustate. ri'ntwiehstandirrg Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have fire right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />