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atrlbr .-.k ¢' urn q nt rnrt r i ill, if. a,:rFlr am,~. Bc~rrasw~a~r y,iitalil pay :De arrlwsra:nit c!` ;~ rn~irif,a~~e nn°:.pra.n~e pr W r:iiid~~TMt7~s. lrii '*..l"~ur <br />m,itna•~r pr ~,4,a„ u~ti9~,r porr,xq,i tuaPa ,!' .tr,.:_r f. <br />~{a,f art.i~a~, ~ tlisl;t!:^u'emtl tyu' i.r,:nder pa~r,.uant ilr„• 1hi,s paratg3-apn uvit°° i.n~tcrt!.it ih~rte:€~at, Fi13i:t~f; i*cs:irrrrwe aclrtiitiicnnal'. <br />lilt?^edn=,s e" ~!F=mower xn:zed by thrs ~4orgage. L'riless Borrower and ],ender -ag:x tc o?her tp+-r?r;r..f p.,.meat. ;ach <br />a,:;c,:ants a`,al': 3,~ isayaEle :;ern notic; from Lender tc Barran«e: recu~stirtg payment *hereii. and shalt near interest f.*om aim <br />date ~-f disbuz=emen=. ,<t the rate paya'trle Pram time 20 time on outstandi,g pr,.cipa? unti~r the ''+ote unless paynttnf of <br />interest at such rate s. ould be contrary 2a applicable law, in which event such amounts snail 'Dear interest at the highest sate <br />perrsissibie under applicable iaw•. Nothing contained in this paragraph 7 shall require 1-ender to incur any expense er lake <br />any action hereunder. <br />8. Ies_~pecticat. i_ender may make or cause tc be made reasanabie entries upon. and insperticns of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection Specifying masonable cause tlserefar zeta*.ed to Lender's <br />interest ir: the Property. <br />4. Condemnation. The proceeds of any award or claim for damages, direct or consequentizl, in connection with any <br />condemnation or other taking of the Property, or part thereof. or far conveyance in lieu of condemnation. are hereby assigned <br />and shalt be paid to Lender. <br />in the. went of a total taking of the Property, the proceeds shalt b>_ applied to the ;ums secured by this Mortgage. <br />with the excess, if any. paid to Borrower. In the event of a partial taking of *.he Property, unless Borrewer and Lender <br />atherrise agree in writing there shall be applied to the sums secured by this Mortgage such p-oportion 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 priar to the date of taking, with the balznce of the proceeds <br />paid to Borrower. <br />If the Properly is abandoned 6y Harrower. or if, after notice b,, Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower 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 to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower othe*wise agree in writing, any such application of proceeds to principal shall not ex =.nd <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof ar change the amo :rt of <br />such instailments- <br />20, BorroM1Ser Not Ttaleased. Extension of the time for payment or modificatior, of amortization of the sums secured <br />by this Martgagti granted by Lender to any successor ir, in?erect of Borrower shall rot operate to re]ease. in any manner, <br />the liabitity 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 er otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the originat Borrower and Borrower's successors in interest. <br />11. Fm:bearance by Tinder Not a Waiver. Any forbearance by Lender in exercising any 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 or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumalative. 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 />13. Strccessors and Assigns Bound; Joint and Several T,iabiHty; CapBons. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrewer, <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 convenience only and are not to be 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, (a) any notice to <br />Borrower provided for in this Mortgage snail 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 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 ether address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall he deemed to have been given to Borraa~er or Lender when given in the manner designated herein. <br />15. iJnifarm MoefgaQe; Governing Law; Severability. This farm of mortgage combines uniform covenants foe nationat <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. 'I`bis Mottgage snail be governed by the law of the urisdietian in which the Froperty is located. In the <br />event That env provision or clause of this Mottgage or the Note conflicts w•itlt jepttoahie few, such centlict shall net affect <br />other provisions i,f this Mortgage or the Note which can be gi.er. effect without the vnfsicting provision, and to this <br />one tie pro ....ins o- = is ,-*,gage and tEre tiaT: are declared to t~ veratie- <br />ltw >~~+svAr's CRpy. +Borrewer shall be furnished a cen'ermed copy of t;-,e Nate a.•td of 2;-,is 'FTortgage a, tie time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property oz an interest therein is sold or transferred <br />by Borrower without Lender's priar written consent, excluding fa) the creation of a lien or encumbrance subordinate to <br />this Mortgage. (b} the creation of a purchase money security interest for household appliances. (.e) 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 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 payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to wham the Property is to be sold ar transferred reach agreement in writing that the credit of such person <br />is satisfactan~ to Lender and the: the interest payable on the sums secured by this Mortgage shall be at such rare as Lender <br />shall request. if i_ender haz waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumptior. agreement accepted in writing by tender. Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to acrelezate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph ; 4 hereof. Suc h native shall 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 due. Ff Borrower faits to pay such sums prior to the expiration of such period, <br />Linder ms}', withaot further notice ar demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />_`~`-' *"~~^^,~ ` r^ t-.;-:"s. °arra •wer and Lender further cv;enaut and agree as follows: <br />lit. rxeceieratson; >reemedies F,ttcepf as provided in part~raph 17 hereof, upon Borrower's breach of auy cavenaot or <br />agrr~eurcnt of Borrower in this Mortgage, inciudittg the covenants to pay when due any sums secured by tiffs il4ortgage, <br />T.sader prior to acrxleratlon shall mail rtotiee to BorraK•er as provided is paragraph 14 hereof specifyinga {1) the breach; <br />{2) the sct3oa regaked Err tore sash breach; (3} a date, trot ieffi than 30 days from the date the notice is mailed to Borrower, <br />by which such breach mast be cured; and {4) that failam to cure such breach on or before tfie date specified in the notice <br />mtyy result in ac~eleratiou of the sums secured by ink Mortgage, fareciasnre by judicial proceeding and sale of the Property. <br />'lime aotttt shall turther inform Borrower tf the right to reinstate aHer accekration and the right to assert in ttte foreclosure <br />proceeding the non-existence of a default ar nay other dtfenae of Borrower to accekration and foreclosare. If the breach <br />is not cured on or before the date specited in the notke, Leader at T.erMer's option may declare all of the sums scented by <br />this hiartgage to be immediately tine and payable without further demand and may foreclose by judicial proceeding. Louder <br />shalt be entitled to coBeM in such proceeding all expenses of foreclosure, indudlreg, but not Bmited to, costs of documentary <br />evidence, abstracts and rifle reports. <br />i~, io`orrower's s"3ight fo Reirtsta#e. Nofwifhstanding Lender's acceleration of the sums secured lsy this Mortgage, <br />harrower stall have tie right to have any proceedings begun by i_tnder to enforce this Mortgage discontinued at any time <br />