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~6 ~/~+v.~u~ ~ ~ <br />Ft~.r',. u., ~.;`rf <br />Lender's vvritter~ agreo-„nt+.ut yr applicable law. Ilr3n~~nwer shall pay the amount of ati mortgage insurance premiuons in the <br />manner ptcvidcu:N under pa.eagraph 2 hereof. <br />A,ns• amutu~tuts rtish~trrser[ by Lender pwsu~ant to this ptragraph 7. w~6th interest t7narre;aen. sha~@i become additirrnal <br />indebtedness of Borrower secured by this Mortgage. Unless Barrower and Lender agree to other terms of pay,nent, such <br />amaunts shalt be payable upon notice from I_cnder to Borrower requesiiag pa}.'nent thereof. and shalt hear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law. in which evert such amaunts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph r shat] require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspeeiion. Lender may make ar cause to be made reasonable emries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such irsxctian specifying reasonable cause therefor related !a Lender's <br />interest in the Proaerty. <br />9. Condemnation. Tne proceeds of an}• award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In Lhe, event of a total taking of the Property. the proceeds shalt be applied to the sums secured by this Mortgage. <br />with the excess, if any. paid to Borrower. 1n the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this ?Mortgage such pr~pertion 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 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 fire Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to mako <br />an award ar settle a claim for damages, Barrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either Yo restoration or repair of the <br />Properly or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not es« ,d <br />ar postpone the due date of the monthly installments referred to in paragraphs 1 and Z hereof or change the amet:r,t of <br />such installments. <br />40. Borrot~:, ?`dot tl:=tossed. Extension of the time for payment or modification oC 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 the 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 this Morteage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />31, Ftnirearance by Ixnder NoY a Waiver. Any forbearance b7 Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or tha payment of taxes or other liens or charges by Lender shalt not be a waiver of Lender's <br />right to acceleratz the maturity of the indebtedness secured by this Mortgage. <br />42. liemedies Cumulative. Atl remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy ander this Mortgage or afforded 6y law yr equity, and may be exercised cancurrentty. independently or successively. <br />I3. Successors and Assigns Bound; Joint and Several i.iability; Captions. The covenants and agreements herein <br />comained shall hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. <br />subject to the provisions oL paragraph t? hereof. Ali covenants and agreements of Borrower shall be yoint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not fa be used to <br />interpret or define the provisions hereof. <br />I~. '.Volice. Except fur any notice required under applicable taw to be given in another manner, (a) any notice to <br />Barrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address ar at such other address as Borrower may designate by natice to Lender as provided herein, and <br />(b) any notice to Lender shall he given b}' certified mail, return receipt requested, to Lender's address stated herein or tv <br />such other address as Lender may designate t+y notice tv Borrower as provided herein. Any notice provided for in this <br />Mortgage shall bz deemed eo have been given to Borrower or Lender when given in the manner designated hereto. <br />I5. [Jniform Mortgage; Governing Law; SeverabiHty, This farm of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by iurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shat! be governed by the law of the jurisdiction in which the Property is located. In the <br />eve :t t::~- any ;~--. - - -- -..:::-_ of t` ; hia agage or the Nate %onf'iiLtS with applicable taw. such conflict ,hail not afl~-t <br />-other nrovisions.af•this Martgage or the Note which can be given effect without the conflicting provision, and tv this <br />en<I the provision, of tilt ir,ortgage and the Nofe are declared to t)e severable. <br />Ia, anrrawcrs t,opy. 'boerpwer shah be furnished a conformed copy of the Nvte anti of this Mortgage at the titrse <br />of execution or after recordation hereof. <br />t1. Transfer of the Property; A~umption. If all or any part of the Property ar an interest therein is Bald or transferred <br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest far household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d? the grant of any leasehold interest of three wars or less <br />ao[ containing an option to purchase. Lender may, at Lender's option, declare ail the sums secured by this Mortgage to be <br />immediately due ant? payable. tender shall have waived such option tc+ ncceterate if, prior to the sale or transfer. Ixnder <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 ea Lender and that the interest payable on the sums secured by this Mortgage shalt be at such rats s Lender <br />shah request. If Ixnder hoe waived the ap*,ian tv accelerate provided in this paragraph i?, and if Borrower's succesr.r in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from alt <br />obligations under this Mortgage and the Note. <br />if Lender nxerciscs such option to accelerate, Lender shad mail Barrower notice of acceleration in accordance with <br />paragraph lA hereof. Such notice shat! provide a period of not less thin 3Q days from the date the notice is mailed within <br />which Barrower may pay the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Norv=(irttt=oxt~r CvvexnNrs. Borrower and Tender further cavenunt and agree as fviivws: <br />4~. 1`si'Releratii)u; r~~~nrdiE&. ~,XCept a9 pr~rviilEd in paragraph 17 h+~rEat, Upon BorraWEr'S lirda2h Ot and Ci)'i2aaPlt Or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secnred by this Mortgage, <br />Lender prior to acceleration shalt mate natice to Borrower as provided in paragraph 14 hereof specifying: (i} the breath; <br />(2) the action required to cure such breach; (3) a date, not leas tbao JO days from the date the notice is mailed to Borrower, <br />by which such breach must be cured; acrd (4) that faUurc to run such breach on or before the date specified in [he notke <br />may resgit in accelerating of the sums scented by Ibis Martgage, forecosare by judicial proceeding and sale of the Property. <br />The natice shall further inform $orrower of the right to reirrslate after accekrction and the right to assert in the foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower to accelerstioo and forcclosare. i(f the breach <br />is not cured an ar before the date specified in the notke, tinder at Lender's option may declare sU of the sums secured by <br />'this 1l3ortgage to Ile immediately due artd payable without further demand and may foreclose by judicial proceedirtg. Lender <br />shall be entitled to collect in such praceedlgg ail expenses of foreclosure, iaciudhtg, but not itrtdted to, cosfs of documentary <br />evidence, mbstracts and title renarts. <br />19, Bormwsr's 1$ight tQ ttEastate. Noewithstanding Ixndar's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />