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79~' ~~ ,.~'~~y.~„Q <br />Lrnde.='s written agreement or applir:ablt paw. Borrower shall pay iht amount of al] martgagr, insurance premiums in the <br />ntarner provided under paragraph :? htreaf. <br />Any amounts disbursed by L,tndtr pursuant to this paragraph 7, with jntere^st thereon, shall become additional <br />ittdtbledntss of Bon-ower secured by this. Martgage. Unless Borrower anel Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lendtr to Borrowtr requesting payment thereof, and shall hear interest from the <br />date of disbursement at the rate payable Pram time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary Lo applicable law, in which event such amounts shalt bear interest at the highest rate <br />permissihle under applicable law, blathing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />&. InspeeHon. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Harrower notice prior to any such inspection Specifying reasanable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award er claim for damages, direct or consequentiah in connection with any <br />condemnation ar other taking of the Property, or part thereof, or far conveyance in lieu of condemnation, are hereby assigned <br />and shall ise paid to Lender. <br />In the event of a total taking of the Property. the proceeds shall he ai)plied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherw'isr agree in writing, there shall be applied to the sums secured by this Martgage Bach proportion of the proceeds <br />as is equal Lo that propartian which the amount of the sums secured hp this Mortgage immediately prior to the daft 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 the Property is ahandoned by Harrower, or if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim far damages, Borrower fails m respond to Lender within 30 days after the date such notice is <br />mailed, Lendtr is authorized to collect and apply the proceeds, at Lender's option, tither to restoration or repair of the <br />Property or to the sums secured by this Martgage. <br />Unless Lender and Borrawer otherwise agree in writing, any such application of proceeds to principat shall not extend <br />or postpone the due date of Che monthly installments refrrred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />I0. Borrower Not Released, Extension of the time for payment or rnodification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Harrower shall not operate to release, in any manner. <br />the liability of the original Burrower and Borrower's successors in interest. Tender shall net he required to commence <br />proceedings against such successor ar rrfase to extend time far payment or otherwise modify amortization of the ssrms <br />secured by thi_. Aortgage by reason of any demand made by the original Harrower and Borrower's successors in merest. <br />11 °- ------- .• f,rnarr idol a riaiver. Any forixarance by Ltnder in exercising ary right or remedy hereunder, or <br />athenvisc rdl,~~c.c~d„h4 ,applicable law, shall net he a waiver of or preclude the exercise of any such right or remedy. <br />The procurcmcnC of insurance or [he payment of taxes or ether liens or charges by Lender shall rot be a waiver of Lender's <br />right to acccicratt the maturity of eht indebtedness srcumd by this Mortgage. <br />12. Remedies Cumulative. .All r medies provided in this Mortgage arc distinct and cumulstive to any other right of <br />remedy under this Mortgage or afforded by law or eyuity, and may be exeroised concurrentt}•, independently or successively. <br />13. Succes~ons and Assigns Bound; loiat and Several f.iabHlfy; Captiaas. The covenants and agreements herein <br />captained shall hind, and the rights hereunder shalt inure to. the respective successors and assigns of Lender and Horrower, <br />subject to the pravisians of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions a;td headings o€ the paragraphs of this Mortgage see for convenience only and are not to hr used to <br />interpret or define the provisions hereof. <br />lA. Notice. Except for any notice required under applicable law to he given in another manner, (a) any pallet to <br />Borrower provided for in this Martgage shall be given by mailing such notice 6y certified mail addressed to Harrower at <br />the Property Address or at such ether address as $arrawrr may designate by notice to Lender as provided herein, and <br />(bl any notice to Lender shall tee gtsrn by certified mail, return receipt requested, to Lender's address stated herein ar Lo <br />such ether address as Lender may designate by notice to Barrawer as praviJc=1 herein. Any satire pnvidtd for in this <br />Mortgage shall be deemed to have 6rtn given to Barrawer er Ltnder when given in the manner designated herein- <br />i5. Uniform hartgage; +PoverniHg Law; Scveraltdtih'. This form aF mortgage combines uniform covenants ter national <br />uR and pan-unit•,srnt :c:versants with hmiird x:sri«tions by jurisdiction to constitute a uniform srcurrty instnsment covering <br />:'cal p spree. `I'hi: ':irrtFage shall ~ gavtr~~td L-- else law of the i+Lrisdictiun in which the Properly is Inraird, In th+r <br />event as nr:}visi,en : ~s;su:~r ~. thss Martgage;err Lhc ".-rte corrflttts with appliealsle isw, such confi~ict ;hall Hai a~rt~ <br />aLlser prnvision~ of th:± ?tile+rtgage or the :'til- it which 4sr2 tst given etTr_t w•ithaut the con?irting plc*visian. sod ir- the <br />en.+ the pravt`.i^ rf the'" - A~ .--f- ~z a seed ice t ~vtrahle. <br />16. Borrowers Cngv. Barrawer hall be rt~rn~shtd a ?Ltfermr~l espy sit the Nat^ art.i of tFrs ''~~~t~g ar t~ t._,~ <br />of txr~:urirrs rr efts: sccofdation herraf. <br />17. Transfer of the Property; Assumption. It ;ell ur any part of the Property or an interest therein is scud ar transferred <br />6y Borrow'er without l.rr.~Irr's prior written consent. excluding La) the creation of a lien or encumbrance suhordinatc to <br />this Martgage, ibl the croation of a purchase money security interest far household appliances, (r) a transfer by devise, <br />descent ix by operation of law upon the death of a jotnt avant or td1 the grant of any leasehold interest of there years ar Irss <br />pat containing an aption to purchase, lender may, at tondo`s aption, declare all the sums stcured by this Martgage to br <br />itnmeciiatrly due and payable. Lender shall have watvtd such option to accrltrate if, prior to the ,ale ar transfer, i.endtr <br />and the person to whun+ the Yropr;rty is Lo be sold ur transferred reach agreement in writing the[ the credit of such prrsan <br />IS SaLr$fAr; LUrV la Lrndef ar;d that IItL' merest paytiblr on ihr tiilini secured t+ti' ihl5 A'tnF[gage ,hall t+r at SUl'}+ rate ^s Lendtr <br />shall request. If lender has waived the option to acctieratt pravided m this paragraph 17, and if Borrower's successor in <br />interest has executed a written usumptian agrremtnr accepted in writing by Lender, 1_rnder shall release Borrowtr from all <br />obligntioes under this Martgage and the Note. <br />I( L.rndrr exercises sukh splints to acccleratt. l endtf .hall :nail Borrowtr ncxice of a.4eltratie?n in accc±reiance with <br />paragraph t4 hrreoL. Such peeler shall provide a period of pat less than i0 da}`c from the daft the notice is plaited within <br />which Harrower may pay the sums da tared due. li Borrawer tails ro pay such sums prier to Chr expiration ,•f su:h period, <br />Lender may, without further notice or demand on Harrower. ~nvokt any remedies permitted h}' paragraph 18 hereof. <br />NON-UNIFORM (~OY't?NAttl'rs- Hnflawtr:!!!•+ i rn~+rr f.~rthrr 4ctYetlattt xnd ~~r~_ at folltsws: <br />tt?. ,4ceeleratiaa; Re+nrdits. 'ksrtpt a_s prorided ill paragraph 17 hereof, upon Parrowrr's brraeh of wy rovraaat ar <br />agreemrnd of Borrowtr ill This Mortgakt, including the eovenanfs to pay when dot any sums secured by this htartgagr, <br />Lanier prier [o accelrratian shall mail r+oHce fo Borrower ~ pravided in ptutq(rttph 14 hereof specifying; {I) for brtarA; <br />(2) the action required to cure such breach; i3) a date, sot texas thaH dt1 drys Pram the date the m+Nce is mailed to Borrower, <br />by which such breach mast be cured; and (4) that failure to cure such breach on w before the daft specified in the aoNce <br />may rrsuH ill accelrratlon of the sums secuted by fhb Mortgages Eorerhssurc by j++diris) proceeding and saw at the Property. <br />Thr notice shall tYutber inform Harrower of the right to reinstate after acceicration and the right to assert in the foreclostur <br />proceeding the non-rxis[ence of a defauk or any other defet~e o[ Borrower to acceleratbn and fareclasute. If the breach <br />b not cared on or before the date specified ill the Holier, Lender at Lender's option may declare all of the sums snared by <br />this'ii~tortgage to be immediately due and payable without further demaml and may foreclose by jadiciai proceeding. Lender <br />shag be eHNNed to collect in such proceedir~ all expenses of foreclosarc, including, but sot limited to, roses of documentary <br />rvidrare, abstracts ar+d title report. <br />i4. Borrower's P.ight in ;Reisstatc. Notwithstanding Lender's acetieratian of the sums secured by this Mortgage. <br />norrower shah havis iI'it iig`hi fa have any proeeedings begun by Lender to enforce this Mortgage discontinued at any time <br />