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Len~~u~ca i, i ~a~tr~e~i~i ~igi,rues~~neri~ yr a1:lllicaB~le lam- ;33~rrawaer shall pzy tree a~n°..iu. of alit ~drsoagage ir.~surar===.e prr..'ntius =n r"H:' <br />r p.ainnrter ,r~~ „idi:~,~dl ,,enu;€rt:r:' gsrarr,grap:rlt ` :Aer~col. <br />~.nr amounts disbursed by Len?'er pursuznt to this paragraph ": ,.., intrr~*, there ,n. shad beco~.~ additic-al <br />irdeb'?fires cf Barra»er secured by this ;artgaave, i,"nless Borrawer ar:d~I.ender agrP,r ?o other terms of pa;moot. such <br />,,,,w amot:nfs shall be payable r:p~,n notice tram Lender to Borrower reuues*,ing payme :: ther~-•f. and strait `mar intere=t from the <br />data:.,f di;'rur,~ment aT the 'ate payable fran tine to time on outstanding principal under 21^~ Note urlee- pavn-:ertt of <br />interest at such rate wou'.d t~ cantrarr to applicable law, in which c:•ent such ara_nts shall hear interest at the highest rate <br />permissib}e under applicable law. Bathing contained in this paragraph 7 shall requirre "tender to incur any expense or take <br />any action hereunder. <br />8. Inaperrion. Lender may make or czuse to be made reasonable entries upon and inspections of the Property, provided <br />~`` that lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />). Condemnation. The proceeds of am~ award or clairn ror damages. direct or consequential, in connection with any <br />condemnation ar other taking of the Propery, or part thereof, or far conveyance in !ieu of condemnation. are hereby assigned <br />` and shall be paid to Lender. <br />In the event of a total taking of the Properly. the proceeds chail he applied to the slams secured by th'ss Mortgage. <br />with the excess. if any. paid to Borrower In the event of a parrial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this is4ortgage 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 tzars to the fair market value of the Propert7 immediately prior to the date of taking, with the balance of the proceeds <br />paid is 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 z claim for damages, Borrower faits to respond to Lender within 3f} 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 ar to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. am' such applicatior. of proceeds to prncipai shall not extend <br />or postpone the due date of the monthly irstallments referred to in paragraphs 1 and ?hereof or change the amount of <br />such installments. <br />1~. Borrower Not Released. Extension of the time for payment or madificaiion of amartization of the sums seci.red <br />by this Mortgage granted by Lander 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 cnm-once <br />proceedings agr net sue successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by th is ;~, ,gage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance try Lender Not a yl'aiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shat! not be a waiver of or preclude the exercise of any such right or remedy. <br />The prxurcment of insurance or the payment of taxes or other inns or charges by Lender shalt not be a waiver of Lender's <br />right io accelerare 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 outer right or <br />remedy under this Mortgage or afforded by law or equity, and may he exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Jo±nt and Several Liability; Cap6acs. The covenants and agreements herein <br />contained shall bind, and fire rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph i7 hereof. Alf covenants and agreements of Borrower shall be joint and several. <br />The cagtions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define ffie provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, fa} any notice fo <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 notice to Lender as provided herein, and <br />(b) any notice to Lender shall 13e given by certiSed mail, return receipt requested. to Lender's address stated herein or to <br />such other address a_s Lender may designate by notice to Borrawer as provided herein. ,Any notice. provided for ip this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />1S. Uniform 1Morigage; Governing Law; Severab7ity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constipate a uniform security instrume,*. covering <br />real property. This iti4ortgage shall be governed by the law of the iurisdicfian in which the Properly is located. In the <br />event that any provision or clause of this Mortgage or the Mete canflica with applicable taw, such ccx:fliet shall not affect <br />atirer pre. of ^.is Mortgage ~. the emote which can ire given efie w:tha.,. the eort;ictir_ provisia.., a..~ to this <br />end the prauisiars of the Me*.Yg=ge and the '`?ore are declared to Ire ryverable. <br />iii. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If alt or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding fa) the creation of a Tien or encumbrance subordinate to <br />this Mortgage, ib) the creation of a purchase money security interest for 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 years or less <br />not containing an option to nnrchsse. Lender may, at Lender's option, declare ail the sums secured by this Mortgage to be <br />immediately due and payable. Lender shalt have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the pers',n to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable an the sums secured by this Mortgage shall be at such rite as Lender <br />shaI! request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption zgreement accepted in writing by Lender, Lender shall release Borrower from a!I <br />abligations under this Mortgage and the Note. <br />If Lender axerrises such option to accelerate, Lender shall mail Borrower notice cf acceleration in aceordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. tf Borrower fails ro 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 I8 hereof. <br />Note-UHtFoQk, r'ovs;t~axrs. Borrawer and Lender further cm•enant and agree as follows: <br />113. Aceeleratioa; Remedies. Except ~ provided in paragraph 17 beeewf, upon Borrowers breach of any covenant or <br />agat2cmeat of Borrower in this Mortgage, ioc{uditrg the covenants to pay when due any saws secured by this Mortgage, <br />Ltuder prior to acceleration shag mail notice to Borrower as provided in paragraph 14 hereof specifying: (i) the breach; <br />(2) the actin required to cure such breach; (3) a date, not lei than 3fr days from the date the notice is maihd to Borrower, <br />by wh~h strch Mach must bg cured; and t4) ibat faBure to cure such breach on err before the date specified in the rwtke <br />may resuh in acceleration of the surfer secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The notice skeil fntther inform Borrower of fhe e~ht to re;astate after acceleration arrd the right to assert io the foreclosure <br />proceeding the ooa-exktence of a defaalt or any other defense of Borrower to acceieratiaa and foreclosure. If the breach <br />is ~ cared on or before the date specified in the notice, Lender at Lenders option may declare all of the sums secured by <br />Phis Mortgage to be immediately fine and payable without further demand and may foreclose by jnd}cia! proceeding. Leader <br />shat! ix entitled ire collect ifl such proceeding ail expeerws of fareclosetre, inciudhrg, but no! linxited to, costs of documentary <br />evidence, ab~rracta and .olio eepoY.s. <br />iq. Harrowers Right to Reinstate. Nofwitirstanding Lenders acceleration of the sums secured by this Mortgage, <br />P~rro:ver shall :rave tl;e r=ht to ha.•e any prate clings gun by Lender tv enforce this "slortgagc discontinued at any time <br />