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80- ~~'~ <br />L.ender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 heroof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon. shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Bottower and Lender agree to other tetxns of payment, such <br />amounts shall 6e payable upon notice from Lender to Bottower requesting payment thereof, and shall hear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the 1Vote unless payment of <br />imet•est at such rate would be contrary to applicable law. in which event such amounts shall bear interest at the highest rate <br />permissib[e under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />an_v action hereunder. <br />8. Ins~eetioe. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that [xnder shaft give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coademration, The proceeds of any award or claim for damages, direct or consequentiah in connection with any <br />condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation. are hereby assigned <br />and shall lre paid- to Lender. <br />fn tht evtnt of a total taking of the Property. the proceeds shall rte applied to the sums secured by this Mortgage. <br />with tfie excess, if any, paid to Borrower. in the event of a partial taking of the Property, unless Rorrou•er and Lendtr <br />otherwise agree in writing, there shall he applied to the sums secured by this Mortgage such proportion ~ `the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortga¢e immediately prior w the date of <br />taking bears to [fie fair market value of the Proptrty immediately prior to [he date of taking, witfi the balance of the proceeds <br />paid m Borrower. <br />if the Property is abandoned by Borrower, or if. after notice by I_ertder to Borrnwtr that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond ro Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply tht proceeds, at Lender's option. either to restoration or repair of the <br />Property or to the sums secured lty this Mortgage. <br />Unless Lender and Borrower otherwise ague in writing, anv such application of proceeds to principal shall not extend <br />or postpone the due date cif the monthly installments referred to in paragra, hs I and Z hereof or change the amount of <br />such installments. <br />10. Borrower 1\ot Reksstd. Extension of the time for payment or modification of amortization of tfie sums secured <br />by this Mortgage granted by Lender to any successor in interest ttf Aorrower shall not operate to release. in any manner, <br />the liabif"sty ;;f the original Borrower and Borrower's sttccess:trs in interest. lender steal! not hZ required to commence <br />proceedings against such su~essor or refuse to extend time for payment or otherwise modify amortization of the some <br />secured by this Mortgage by mason of any demand made by the original Aorrower and Borrower's successors in interest. <br />11. Forbtarawee by Lender Not a ~Yairer, Any forbearance by I-ender in exercising anv right ar remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of am• such right or remedy. <br />The procurement of insurance er the payment of taxes or other hens or charges by Lender fiall not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured b}• this `mortgage. <br />1,. Retmedks Ctnaolatiee. All remedies provided in this htortgat;e arc distinct and cumulative to any other right ar <br />remedy under this Mortgage ar afforded by law or equity, and may` Ile exercised concurrently. independently or successively. <br />13. Soecessors and .1~ns Bourd; Joint and Severn CfaM7fty: Captions. The covenants and agreements herein <br />contained shell bind, and the rights htreunder shall inare to. the respective succr_sscrc and assigns of Lender and Borrower. <br />subject to the provisions of paragraph I7 hereof. .All cavenan[s and agreements of Borrower shall be joint and several. <br />'the captions and headings of the paragraphs of this Mortgage ar far convenience only and are not to be used to <br />interpret or dtfine the provisions hereof. <br />11. Notice. Except for any notice required under applicable law to he given in another manner, tai any notice to <br />Borrower provided for in this Mortgage shall be viver. by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Barrower may designate by notice to Leader as provided herein, and <br />['t+l any notice to Lender sha31 lac given by certtiied math return receipt requested, to [_endtr's address stated herein or to <br />sttch other address a, Lender may designate by notice tct Borrower as provided herein. .4m votive provided for in this <br />Mortgage shall he dtrmed io have been given to Borrower er 1_ender when given in the manner designated herein. <br />Ig. Laiforra MorfeaRe: Govet~ Law; SeveraMlity. This form of mortgage eomhines uniform cecrnants for national <br />use and non-uniform covenams with limited variations by jurisdiction to constitute a uniform sr urity insvument ceverng <br />real property. This Marigage shall he governed by the law of the iurisdicnon to :which the Property is iccated. in the <br />event that any prevision or clause of this Mortgage or the Notc cnntlicts with applicable' law•, such cctnfiict shall rent -afftct <br />other provisions of this Mctttgage or the Note wlsieh car, he given effect withouu the canilicting pr<+yision. :yyllttgehis <br />ertd the provision of the Mortgage and the Vats are declared to Ile ,e.°erable. s>=`~ <br />If. Borrower's Cry. Borrower shalt be furnrxhed a confirmed copy of the ;dote and of this_~Mtitttt~~N~t~~Br~-•timz <br />of execution or after recordation hereof. - -' `'r`- <br />17. Traafer of tYe 1PretreRy; Aasitetpiioa. If alt nr am~ part of the Property iir an interest tltereiit, is sold or transferred <br />by Barrower without L.etuters prior written consent, ex.:iuding tat the .nation of a 3sen ter encombrancc subordinate to <br />this Mongagt, fbl the creatictn of a purchase money security interest for household appliances, tc) a transfer by dc'+'ise, <br />descc"nt or by operation of law span the death of a jrttnt tenam or <br />Lender may, at L_tnder's opton. declare all the sums secured h}~ this hlortga~e to be <br />immediately dot and payable. Lendtr shall heat waived sash eptton to accelerate if. crier t.~ the .ale or transfer. Lender <br />and tht person to whom the Property is ro L+e Bald ar transferred reach agrcentent w wrung that iht credit of such person <br />is saiisfaeionr an Lendtr and that the interest pa}able on zhe errors secured by this ytortgagz shall be at such rate ::. I ceder <br />shall requtst. If tinder has waived the aption to accelerate provided in this paragraph 17. and ii Borrower's wccessor in <br />interest Iles txa.uted a nett#en assttmpiion agreement accepted in carting by Lender. Lender :hail release Borrower from all <br />obligations tender ibis Matigage and the Note. <br />If Lender exercises such optsan ro acceltrate. Lender shall mail Ho€ratwer not~cc c*f a.:~eieration in s.cordan~e wuh <br />paragraph I4 hereol. ~uclt rtoti:.e ;.hall provide a period of not less than 30 ~da}s from the data: the notic+: is mailed within <br />which Borrower .may pay Litt sums declared due- if Berroucr fails !o peg such mine prior iii the expiravon . t .uch ge rtad. <br />Lender may, u-ithout fiurther notice nr remand mar Borr.=•.;er. ~nsoke air} ;cmedies permitteJ h+ paragraph 4S hereof. <br />Not:-[.I7d[F{tRM Covet:.ints. Battewtr and I.tnder funkier covet;ant and ;.ices as fnllaws: <br />Ii<. #reekratiaa: [itesediea. Except as provided io paragraph i7 fiertof. upon Borrower`s hrvacit of any eoernani rt; <br />rttrteaseat of Borrower is Kris Mor1[Zage, incitrdintt ik rovemnts to pa} when due ant sunny serumd h} this ~1ortka{tr. <br />fetriev' prier W atrsiw•a~atr stet math twtice to llorrawrr as provided in paragraph 1•i boreal sprrifpint;: f I3 the breach; <br />f2) rite arfiltn rtyafttd is rare sarh breaca; t31 x dolt, not leer. than 3f1 da}s from. the daze tht notice is nnailed rr. Burrower, <br />b! w~ toe6 rreac- trtttast let. eared; and 1~1 tint faUure to curt such breach fro car btfure the date specified in the notice <br />+raty nstalt i• acetlerafiurt of the vies secured by ibis hlort~t, foreclosure b} judicial pmreeding and sale nt tht Pmpert±~. <br />71t aolitashttY IwtYtr iafortu Borrnw'er of for right to rtittstatt after arceltratiun aad the ri{tht iu assert in the foreclosure <br />1Kae~uf lYe.twn-ciciMenet of a deladt ar an} aflttr defame of Buttowrs to arcrltxniinn utd furaclusarr. ff the breach <br />k aol rttretl oa w Ifefrrt Ibe,datc t;prciied la tilt rwtice, l.tndtr ai Lender's option matt declare all of thr sums secured h; <br />tlds :Norlgsee 1n Ile ierwtediNet} der rind pit}sbk without Cuellar demand and may fnnrluse h} jud>riat proreedirrg. l.ertdrr <br />skit lK talflltd to colket i4 such proceeditrg aB tvpeases of fnrerlosnra, Including, but nxtt llmitvd to, rests r.t dtxuntcnWr} <br />trideact, rlasirae4 aad Utk reports. <br />lf. BprrowtPs Right W ]ielnWara Nstxu iihstandang f+=-adai~s a. _clet nt~sxt a# the „„ins :+ t+•.S hE ihi•. 4L~atZ.ty e. <br />~fir'rY3aZtr sttal( have the right ro haa•t an,y p~rcriecdings !+egun hb Lr~tdct :,, cr, F<•:.. th+r. $1ur[e;=gr .?co„a,ivni:Yd ,~ ~ , „roc <br />