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<br />80-- ~Ca ~~!.. <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all moigage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall became additional <br />indebtedness of Borrower secured by this Mortgage Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear 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 taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph ~ shall require Lender to incur any expense ar take <br />any action hercundu. <br />E. 6tt~eetiow. tender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Aorrower notice prior ro any such inspectiao specifying reasonable canoe therefor related to Lender's <br />interest in the Property. <br />9. CotsrkraaNiaa. The proceeds of any award or claim for dama¢es, direct ar consequential, in connection with any <br />condemnation or other taking of the Property, ar part thereof, or for conveyance in lieu of condemnation, arc hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taring of the Property, the proceeds shall rte applied to the sums secured by this Mortgage, <br />with the excess, if any, paid ro Borrower. in the event of a partiat taking of the Property, unless Borrov~~^ and Lender <br />otherwise agree in writing, there shall be applied to the sum, secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amotmt 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 takin¢, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Aorrower. or if, after notice by Lender to Harrower that the condemnor offers to mate <br />an award or settle a claim for damages, Harrower fails to respond fi Ixnder within 30 days after the date such notice is <br />mated, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of tDe <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. anp such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />N. Borrower Nat Released. Exunsion of the time for oayment or modification of amortisation at the StrtnC secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not secrete to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest Lender sha0 not rte required to commence <br />proceedings against such successor or refuse to txtend time far payment or othertvise modify amortization of the sums <br />secured by tDis Mortgage by reason of any demand made by the orginal Borrower and Borrower's successors in interest. <br />Il. Borbaarace hY Isnder Not a t+Yaiver. Any forbearance by Lender in exercising am right er remedy hereunder, or <br />otherwix afforded by applicable law, shall not be a waiver of ar preclude the exercise of any such right or remedy. <br />the procurement of insrrraoce or the payment of taxes or other liens ar charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebudness secured by this Mortgage. <br />IL llsmeiies C~htlre. All remedies provided in this 4orgage arc distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and mac rte exercised concurrently, independenth• or successively. <br />13. Stieeeasws sad Arigns Boned: )over sad Several Liabil8y; Captions. The covenants and agreements herein <br />contained shag bind, acrd the rights hereunder shall inure to, the respecteve successors and assigns of Linder and Borrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall rte joint and several. <br />'I11e captions and headings of the paragraphs of this Mottgage are for convenience aniy and are not to rte used to <br />interpret or defhrc the provisions hereof. <br />11. Native. Ettttpt for any notice required under applicable law to M given in anMher manner, fa) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower a[ <br />the Property Address or at such ether address as Borrower may designate sty notice to Lender as provided herein, and <br />(_Ft) any notice to Lender shall be givrn by cettified mail, return receipt requested, to Lender's address stated herein or co <br />sash other address as Linder may designate by notice to Borrower as provided herein. Any natice provided for in this <br />Mortgage shall be deemed to have heart given to Borrower or lender when given in the manner designated herein. <br />15, Uaitesta Mottgage; GoreraiaR taw; SeverabiBty. This farm of mortgage combines uniform covenams for national <br />use and non-tinifornr rnvenants with limited variations sty jurisdiction to enrutitute a oviform security instrument covering <br />real ptoperri. This Mortgage shaft be governed by the taw of the juristiiciion in which the Property is located In the <br />event that any prevision or clattx of this Mortgage ar the Note ;vnfticis with applicable law, such conflict shall eat atfect <br />otDu provisions of this Mortgage ar the Nate which can be given e$eci without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />1(. lnatawes's Cody, Borrower shaft be furnished s conformed copy of the Note and of this Mortgage at the time <br />of exautien ar after recordation hereof, <br />17. 7taasler of tree ifln~arty; Arttyliaa. If ati er any part of the Property or an interest therein is sold ar transferred <br />by Horwwer without Leodu`s prior written consent, excluding ta) the creation of a lien ar encumbrance subordinate to <br />this MortgtrEe, (b} the creatitxt of a purchase money security interest for heuxhold appiiancrs, (c) a transfer by devise, <br />descent ar by operation of law upon the death of a joint tenant ar fd) the grant of any leasehold interest of three years or less <br />nix tbntaiaing an option to purchase, Lender may, at Lender's option, declare aU the sums secured by this Mortgage to be <br />imatediatcly due and payable. Lender shall have waived such option to accelerate i€, prior to the sale or transfer, Lender <br />sad the person ro tvliorrt the property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satiafactary to Lende; and that the interest payable on the sums secured by this Mortgage shalt be at such rate as Lender <br />shall regtiea. If Calder Des waived the option to acceIuate pravrded in this paragraph 37, and if Borrower's successor in <br />iatpast Des etecuted a written assumption agrx~ntent accepted in writing by Lender, Lender shall release Borrower from alt <br />ohirsatiuns tender this Mortgage sod the Noce. <br />If Leader esurixs such option to axelentte, tender shalt mail Borrower notice of acceleration in accordance with <br />1~tlEfaPh id hemot. Stich notice shall provide s period of eat less than 3t1 days from the date thx natice is mailed within <br />whieD Bortotver may pay the sums dtrclared due. ]f Borrower faits ro pay such sums prier to the expiration at such period, <br />tsoder cost}, witDwst further rrotice csr ~tnsnd ot: A.irmwer: leveler any remedies ptrmined sty paragraph I S hereof, <br />Npni-UixtFOast C.ovflnu)rrs. eprrower and tinder further covenant and agroe as follows: <br />Ifi, Aeodpatlfaat; Bkaedfaa. IFscept as PruFltkl N Am+LraN t7 Aveof, upon Bwrower'a breach of auy caveoaW or <br />> M ltrrawes to this MnsteaEe„ iaclndi•B tYe covenants to pay wl-Ita des any sums secures Dy this dlortgaRe, <br />].edarl~iar N accalarnlaa sMtB-snail awice Io Hnrronru as provided is parnRraPD 10 Dercof specifyinE: (1) the breacD; <br />f1:J IM aitYaa tM~d N e~w stet Draels;l3) a data, not less tYao JB days from trde date rite notice is mailed to Borrower, <br />1! n~leli ne- Mart. atmrM Irr r~tt4 sad; (dJ tAat faBnre Io care sacD brercD on or befwt the dale specified in eDe notice <br />aiq uwM i srcaMtttlMa of Ns wa secured Dy tti'r hla4lttla tareclaattre by iadicitd ProeeeditiE sad sale of iDe Prtyerty, <br />71a Mtika aMB ]atlYtr iaht~ HasruwN of /Dt rMDt to rrinaWe afar acceleration sod IDs ri(<Itt fo assert in the [oteeloswe <br />!s ~ awaaYtnce of a datank m say outer defettae of Harrower ro aceekrWion sad fnreciaaure. It tDe breach <br />M arlf sleet qt a `dory die iNa arecified M 4e notice, Lender at teadu's upioa inay declare aU of tbt sums secured by <br />rite M 4 itaata~iwdy-doe aN pyaWe wi/Dur1 farther demwnd sad may foreclose by judicial proceeding. Cruder <br />+Yi M tiYiti b cereal lea awc- -rocetlitr aB +ttltuses of tnreclasurc, lnclstditie, bat not tiatMed to, costs of documeatary <br />eaWtrte~ nltatraeis tta# Htla reEor<tr: <br />1f, inrnrpra )Bled N Raiastate. Notwithstan<Itng Lender's acceleration o€ the stems xrcur~# by this Martgagc. <br />Borrower abaft brut the ri~bt to havt any proceedings begun by Lender 20 enforce this Morsgaga disu~ntitrued at an} once <br />