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<br /> <br /> <br /> <br /> <br /> gander's written apre.cment or applicable law. Borrower shall pay the amount of till mortgage inxurnnte lr•vnsiums in the <br /> tr„ ,nncr prttvidcd under paragraph 2' flereeff. <br /> Any amounts di!bunted by Lender pursuant to this paragraph 7,. with interest the-too, {t,all So;'orne t,idi!i`i+ul <br /> indtbicdw..,, of Borrowh,r wcurcd by this Motigape.''Unle.:ss Borrower and Lender ag,trc to ofhtn* icr^rts of paymcrt, such <br /> amounts shall he payabl.t upon notice from Lender to Burrower requesting patyrrient thxreof, an! s all ficar itAcret,. fforn the <br /> dve of divbunw.mcnt art the rate payable from time to time an outstanding principal undier Cat Not.- unless payrnmit of <br /> i;tterrst at such rate would be contraty to arVlicabic law, in which event such amounts shall bear snf.rr.sl at sire hirhe•tr rate <br /> pcrmissible under applicable law. Nothing contained in this paragraph 7 sht)l require Lendc', to incur any c~ilcaie or +ake <br /> any action he:%under. <br /> S. FnWeliom. Lender gray make or cause to he made rc.atcmable entries upon and in°tX~etlic+tts ref the Propeny, provided; <br /> t7vt Lender shelf give Borrower notice prior to any such instyhctinn specifying reasonable c-,w%e therefor ,dated to Len(W.'s <br /> inrcrest in the Properly. <br /> 9. Con61,%rnnatiion. 131,e proc"cls e9f any award or -Iaim for damages, direct or consequnWntia% in cennection with anv <br /> cpnd nination sir other taking of the Property, or parrs therieof, or for conveyance in lieu of cz, ridiemnation, ,re hrrcby assigned <br /> and shall be paid to I.trider. <br /> in the event of a total taking; of the Property, ti-m prof:ceds shall be applied to the sup~ts wctirrd by this, Mortgage, <br /> with the c~c.ss, if any. paid to Borrower. In the event of a partial taking of the Property, : nlcss Borrower and Lender <br /> orh:rw•i<.c ag;rer, "in writing, there shall be applied to the sums srcurcd by this Mortgage sterile proportion of the pro cods <br /> its is -Itm? to that proportion which the am.nen! of the sums secured by this Mortgage irrinn;^diatcly prior to the date of <br /> taitmg bear's ro the fair market value of the Property immcdial;cly prior to the dal. of taking, with the haWicr of the proceeds <br /> paid to Borrower. <br /> If the property is abandoned b;r Borrower, or if, after notice by Tender to Borrower that the con:lrmner oilers to make <br /> an award or settle a claim for damages. Borrows-r fails to respond to Lender within 30 slays after the date such notice is <br /> mailed, under ii authorized to collect and appiv the proceeds. at Lender's option, either to restoration or repctir of the <br /> F'ropcrty or to the sums secured by this Mortgage. <br /> Unlca.a I ender and Borrower otherwise agree in ,vriting. any such application of proceeds to principal shalt not extend <br /> ar po!;tponc, the due dare of the monthly inst21mcnts rcfcrrcd to in paragraphs I and 2 hereof or c'riange the arnotint of <br /> Such instslinncnts. <br /> 10. Borrower Not Released, F'x!'nsion o'r the tim" for payment or modific=ation of arriortizatiol of the s-im,t securcd <br /> by this hforlgigc grantcrd by is nder to any successor, in int-est of Borrower shall not opcirar,_ to releavc, in any manner. <br /> the liability ,::r the original Bt rrower and Borrow'er'!, succt.scors in inlerv;t. Lender R•hall not be, retuned to cornntcnce <br /> proceedings against such st.ic;~c°,sor or refs w to extend time, for payment or othcrw•i:,e modify amoruration of tl-e sums <br /> secured by thi; Mortgage by se=ason of any demand :made by the origMal Borrower wid B,orrowct's successors in interest. <br /> 11. Forbearance by Ta•;;der Plot a `1''aivcr. Any forbearance by Lender in excrcis+ng any right or remedy hereunder, or <br /> otherwise afforded by applicable law, shall not be a wrivcr of or preclude the exercise of any such right or remedy. <br /> The procurement of ins.rrzr.cc or the payment of taxes or otbt~r liens or charges by Lender shall not he a waiver of Lender's <br /> right to accelerate the matt;rity of the indcbtedrsesv secured t'y this Mortgagee, <br /> 12. Remedies Cunrolafire. All remedies; provided in tl,,is Mortgage are distinct and cumufwive to any other right sir <br /> remedv under this Nforteage or an"I)rded by law or equity, aril may he exercised concurrently, independently or siiecestlvely. <br /> 13. Successors and Aswig;ns Borand; Joint axes! S,icvenil riabiiity; Captions. The covenants and agreementi herein <br /> cnntrrined Shall bind, and trc right!, h;!trunder shall inure to, the respective tuccessom and assigns of l,tnder and Borrower, <br /> subject to the provisions oar paragraph 17 heteof. ,111 covetants and agreements of Borrower !,hall !se joint and seve•wl <br /> The captions and hcadings of th pl.ragraphs of this Mortgage are for convenience only areal are net to tie: user; to <br /> interpret or define the provizions hcrcof. <br /> 14. Notice. Except for any notice rrquired under applicable law to he given in another manner (a) anv 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 Florrowes may designate by notice to Lender at provided herein, and <br /> (b) any. not.cc to Lcrdcr shall be given by certified mail,'rrturn receipt requested, to Lender's iddrev~ stated herein or to <br /> such other address as lender may designate by notice to Bo.-rower at provided'h•rrein, Any notice provided for in this <br /> Mortgage shall be deemed to have been given to Bormwer or lender when given in il,ic manner desisrated herein. <br /> 15. Uniform Mortgage; Governing Lass!; Severttbilsty, Tttis form of mortgage combines u'niforrn covenants for national <br /> use and noel-uniform' covenant's with limited variations by jurisdiction to constitute ;t uniforms security instrument covering <br /> real property. This Itlortgage shall be governed by the law of the jurisdiction in which the Property is located- ir, the <br /> event that any provision or clause of this Mortgage or the Nate' conflicts with applicable law, such conflict shall not afTect <br /> other provisions of this Mortgage or the Note which can lie g ,yen effect without the conflicting provision, and to this <br /> end the provisions of the Mortgage and the Note are declare<l tv he severable. <br /> 16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Nole and of this htortgag;c at the time <br /> of execution or after recordation hereof. <br /> r <br /> 17. Transfer of the Properly; ,Assumption, if all or any part of the: Property or an interest therein is sold or :ransfcrrcd <br /> by Borrower withtsut T.inder's prior written consent, excluding teal the creatio r of a lien or encumbrance s.uhordinatt, to <br /> this Mortgage, (b) the t.rcation of a purcha_v.:• money security int.-re-,a for hou.ick,,old appliances, (c) a transfcr by dcsise, <br /> descent or by opraration of law upon the death of a joint tenant or.l l' Ao iftwat eon II-4-A Old-iiiiiaopwiii 09 $%Fee -00-;_ 4s 1-46 <br /> Lendr.r may, at Lcnder',i, cprion, declare a'! the sums secured lsv this 'tlnrtg;age, to h,e <br /> immediately due . nd payable. Lender shall have waived such option to accelerate if, prior to the r,aie or transfer. Lender <br /> and the person to whom the Protx,tty is to be sold or transferred reach agreement in writing that the credit of such perscsn <br /> is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage %hall be at such mite as 1 ender <br /> :.hall request. If Ixnder has waived the option to accelerate provided in this panigtraph 17, and if Borrower's s tc.r'. rr in <br /> intercn; hies executed a written assumption agreement accepted in writing; by Lender. Lender shall release Borrower fr. m all <br /> obligations unu,.r this Mortgage and ti` c slate. <br /> If Lender cKCrcises .,ch t: Rcceleratc, Lender shall mail Borrower iioii.c of 'acceleration in accordanc- with <br /> paragraph 14 hereof. Such notice shall provide a period of not less than 10 days fro, rn the date the notice: is mailed within <br /> which Borrower stay pray the sums deciared due. if Borrower fails to pay such stirs,, prior Its the expiration of witch rw ritscl, <br /> 1,xilder may, without further melee or demand on Borrower, invoke any remedies pi'rniiticd by paragraph Is hrreo(. <br /> Norv.'L)Nir'omi Cr,rvs-trANTS Borrowcr and Lender further ~o cn;ant and agree ,s foliow•s: <br /> 18, Arcel&rstion; Remedies, Except a-s provided In paragi.Nph 17 hereof, upon Borrower's breach of any cnsenant or <br /> agivement cif Borrower In this Mortgage, including the covenank to pay ,.hen due any ,suers iecurrd bv, ibl• Nortgage, <br /> Lender prior lu accr•Ierafiraq shad map notice to Borrower as prosidtd in paragraph 14 hereof specifying: (1) the bret+ch; <br /> (2) the ac hm required to cure such hrracht (3) a 991e, not l . thart 30 days from the date the rsotire is mallets to Borrower, <br /> by triltich such bitach niust be cured; and (4) that failure to cure such breach an or before the date specified in the mutate <br /> may, resrxlt 11-1 acrcleratior. of the suers secured by this Mortgage. fnrerlosnre by Judi. fal proceeding and sale of the Property. <br /> The notice shall iiartber inform Borrower of the right to ririmlate after seccleration and the right to insert in the foreclcKurr <br /> proceeding else oon•<xlcncnee of a default or any other defense of Borrower to art:egcratlon and foreclosure. If the breach <br /> Ir not cured oar or before the date specified in 11se notice. Lender of Leitder"s option may declare !ill of the puma %ecoired M <br /> rbh Moriga.ge ft, be Immediately due and payable without further demand pail may' (oreclenc by judicial proceeding. I.endvr <br /> stall be entirl%:A to i:ollect in such proceeding all tiupenscx of farerlo%oire, inchjda nW, hior not limited to, cosh of docunrentnty <br /> r <br /> tvidence, abstnrcts and title regwrm <br /> 19. Borrowers Right to Reinstate. Notwithstanding Lender's ycca:er21wn of the sums secured by this Slorig ig;, <br /> Rorrcrwc.r shall hav¢ the right to have any proceedings begun by Lender to enforce this Mortgage dw.ontintied at any rir.ie <br />