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<br /> <br />Lenders written agreement or applicable law. Borrower shall pay the amount of all morcgage insurance premium in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borower secured by this Mortgage. Unless Borrower and Lender aging to other terms of payment. such <br />amounts shall be payable upon notice from [.ender to Borrower requesting payment thereof. and shall bear interest from the <br />date of disbursement at the rate payable from time in time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which evert such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shay require Lender to incur any expense or take <br />any action hereunder. <br />S. (napectlon. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Tender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related [o [_ender's <br />interest in [he Property. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in-connection with any <br />condemnation or other taking of the Property, or part [hereof, or fnr conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />1n the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. In [he event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the svms secured by this Mortgage such proportion the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior ap the date 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 abandoned by Borrower or if. after natice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for dama¢es. Borrower faits to respond m Lender within 30 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 />Propetty or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in para¢raphs 1 and ?hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Fstension of the time for payment or modification n[ amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, <br />the liability of the original Borrower and Borrow.=s successors in interest Lender shall not he required to commence <br />proceedings against such successor or refuse to extend time for payment or pthencise modify amortization of the stuns <br />secured by this Mortgage by reason of any demand made be fhe original Borrower and Borrowers successors in interest. <br />11. Forbearance by Leader Not a Waiver. Any forbearancz h}~ Lender in exercising ant right or remedy hereunder, or <br />otherwise afforded h}' applicable law, shall not he a waiter of nr preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens nr charges by [ender shall not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this '.1lortgaee. <br />12. Remedies Cumulative. AH remedies provided in this Mortgage arc distinct anal cumulative to any other right or <br />remedy tinder this Mortgage or afforded by law or equity. and may he exercised concurrently. independently or successively. <br />13. Sneeessots sad Assigns BoUOd; Joint and Several Liability; Captions. Tile covenants and agreements herein <br />contained shall bind, and the ri¢hts hereunder :hail inure :o. the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. .All covenants and agreements of Borrower shall be joint and several. <br />T'he captions and headings of the paragraphs of this Mortgage arc for canvemence only and are not to ha used io <br />interpret or define the provisions hereof. <br />14. Notke- Except for any notice required under applicable law tc be given in another manner (a) any notice m <br />Barrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrrnver at <br />the Prepert7 Address or at such other address as Borrower map designate by notice to Lender as provided herein, and <br />Ib) any notice to Lender shall be given by certified math return receipt requested, is Lender's address stated herein or to <br />such other address as Lender mny designate by netke to Borrower as pmvidzd herein. Am• notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. CtnRorm Nott6sge; Governing Law; Severability. This form of mortgage combines uniform sn.•c~,ants fnr national <br />use and non-uniform covrnnnts with limited variations b}' 7urisd:ction to coniunrte a vmform secuntr ic+sirument covering <br />real property. This Atorigagz shalt be governed by the lain of the iurisdict:nn m which the Property :c !ncaud. In the <br />event that any provision or clause ot` this Mortgage or the \nte conflicts a-ith applicable law, s:tch rnnfiict shalt not atiect <br />other provisions of this hfort¢age or [he Note which can he _iven effe;a •.. ithotn the camfictinc pre+vision. and to this <br />end the provisions of the Mortgage and the Notz ar declared t ~ 're severable. <br />16. Borrowers Copy. Borrower shall he furnished a conformed copy of the tiote rend of !h:, 'sorgage at the time <br />of zxecmitm or at"ter recordation hereof. <br />17. Traos#er of the Property; Asumption. If all or any part err the Pmpertt or an interest therein is said or iranaferred <br />by Borrower without Lenders prior written cons; m, e~celuding tat the creation of :r Iten ar eneumbrancz suhurdmate m <br />this Mortgage, fb) the creation of a purchase money cccurily interest for hauszhnld appliances, icl :, transfer hp desise. <br />deaz:znt nr by operation of law upc-~ the death of ;. join tenant or . <br />Lender may, at !...ender', option. dzciarz all the ;tiros secured by this Aortgage to he <br />immediately due and payable. t.encler shall have waived such op*,ion to accelerate if. prior [n the .alz nr tranxfzr. Lender <br />and the person to wham the Property z< to bz sold or trarsterred reach agreement to ++nitng that the cre.i:t of such person <br />is satisfactory to I_en3er and that the in=.erest payable on [he sum, secured by this 4lertga+,~ ;h-1i he at s Leh rate :,, Lender <br />shall rzgtrzsi. If I._endei has waivexi ttte option to accelerate pmyidzJ in this paragraph 77. and if Bornnvet', eucce.sor vet <br />interest has executed a u•rtitzn assumption agrzzmzni accepted in u rising by Lender, Linder shalt release BOrre+uer from a!I <br />obligations vnder this Mortgage and the Note. <br />If Lenaer exercises such option to acceterate. Lender shall msi3 Borrower nonce of acceleratitn r.. ~ ourdance urh <br />paragraph IA hereof. Such soiree shall provide a period of n~?t less than 3(I deys from the date the notice i, mailed with,n <br />which Borrmvzr may pat the sums declared doz. tf Borrower faits tc pap such =.umi prior to the eepiration .rf such penad. <br />Lender may, u~ithnut further notice or :remand on Borrow-z r, iovol~c any remedies permitted h} paragraph 1 s herr.rt. <br />NOn-lixtFaant CAVExa~ r5. $arrawer and Lender further covenant and ogres ^a toiiows- <br />1& Acceieratioa; Remedies. E><cepl as provided in paragraph !7 fierrof, upon Borrow ex's breach of nny covenant oc <br />rtBreerceat of Borrower in this hlortgaRe, includieg rite covenants to pay when due any sums secured try this \tortgagc. <br />Lender prior to accekratiar shall marl notice ro Borrower as prodded in paragraph 14 hereof specifying: tl) the breach; <br />(2M the adios tegaireJ to care such breach; (3/ a date, not tens than 30 days from the date the natice is mailed to Boruixer, <br />by which web breach mast ba tared; and 14) that Failure to cure such breach nn or before the dale specified in the notice <br />IMy rewil in accektalloa Uf the SnrnS seeurld bV th4c \torlRage, foreclosure 6,y judicial proceedinG and sale of the Property. <br />Tit rrWire shall fwther inform Ilterrower of the right to reinstate after accclerationrnd ffie right to asses fn the foreclosure <br />proceedfet the nos-a=i~ence of a default or any alher defense of Borrower to acceleration and foreclosure, if the breach <br />i4 sot cured on or before PM dale specified in the notice, Lender at Lenders option may declare all of the stuns secured by <br />Ibis MwiBstQe fo be immedfYely due and payable without further demand and rosy foreclme by judicial proceeding. Lender <br />shall be eatkkd to called in web procwdir~ ail e><pettses of forcclnsure, including, but not limbed to, costa of documentary <br />evidtace, abstracts and tUk reports. <br />19. Horrowet's Right to Reiestale, Notwithstanding lender"+ ecccierati+m :+( the sum. +z: tiled hti ;fin 'at+rtgat;c, <br />Harrower shalt havz the right to have any prccezdinga begun by I coder n-~ enlorcc this St urieag¢ Ji.~untinocJ .u .irn nine <br />