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<br />80- ~~ <br />Leoder's written agreement or applicable taw. Borrower shall pay the amotm[ of all mortgage 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 become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borower 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 law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Impectloa. Lender may make or cause to he made reasonable entries upon and inspections of [he Property, provided <br />that Lender shall give Bottower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9, Coedtmnalbn. The proceeds of ary award or claim for damages, direct or consequential, in connection with any <br />condemnation or other takiog of the Property, ur part thereof, or for conveyance in lieu of .condemnation, are hereby assigned <br />and shall be paid to Lender. <br />Tn the event of a total takiog of the Property, the proceeds shall be applied to the sums secured by thts 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 />otherwise agree in writing, there shall be applied to the sums secured by this Moagage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market valae of the Property immediately prior to the date of taking, with the halance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, ar if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Burrower fails to respond to Lender within 3Q days after the date such notice is <br />mailed, Lender is authorized [o Collect and apply the proceeds, at Lender's option. either to restoration or repair of the <br />Property or to the sums secutzd 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 paragraphs I and 2 hereof or change the amount of <br />such installments. <br />1@. Borrower Nat Released. Extension of the time far payment or mofification of amortization of the sums secured <br />by this Morgage granted by Lender to any successor in imerest of Burrower shall not operate to release, in any manner, <br />the liability of the original Bottowtr and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings agaittst such successor or refuse to extend time fur payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of arrv demand made by the original Borrower and Borrowers sttccessars in interest. <br />17. Forbearance b)' Leader Not a Wairer_ Am forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of rases or other tiers ur charges by Lender chap not be a waiver of Lender's <br />right in accelerate the maturity of the indebtedtess secured by this Mortgage. <br />12. Reetetties Cttaadati-e. All remedies provided in this Mortgage are distinct and cumulative to any other right ur <br />remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently. independently or successively. <br />13. Saceessoes and Assigns Bonod: Joint and Several I.iabiBty; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Aorrower, <br />subject to the provisions of paragraph 37 hereof. .Ali covenants and agreements n€ Borrower shall be joint and severe{. <br />The captions and headings of the paragraphs of this Mortgage are for convenience ooh' and arc not to be used ro <br />interpret or define the provisions hereof. <br />10. Notice. Exxpt fur anv notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided fur in this Mortgage shall be given 6y mailing such notice by certified mat[ addressed to Borrower at <br />the Property Address ur at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shall be given by certified matt, rewm receipt requested. to Lenders address stared herein ur to <br />such other address as Linder may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be dcerrted to have been given to Borrower or Lender when given in the manner designated herein. <br />1S. Uaiforra MoetRage: GorerniaX law; Severabfltty. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants eith limited variations by iurisdictiun to constitute a uniform securely instrvment covering <br />real property. This Mortgage wall be governed by ilia law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts whh applicable law, such conflict shall not affect <br />other provisions of thss Mortgage or the More which can be given effect without the conflicting provision, and to this <br />end the provisions of tbe Mortgage and the Nnte are declared to be severable. <br />If. Borrowers Copy. Burrower shelf be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hertaf. <br />17. Tractor of the Property; Asuraption. If all m any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior wriucn cement, excluding {a) the creation of a lien ur encumbrance sulxrrdinaie to <br />this Mortgage, (b) tbe creation of a punhase money security interest for household appliances, {~) a transfer by devise, <br />descent ar by operation of law upon the death of a joint tenant or {dl the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immedia[ei}' due attd payable. Lender shah have waived such option to accelerate if, prior to the sale ar transfer, Lender <br />and the person to whom the Property is to be sold ar transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that tfre interest payable an the sums secured by this '*fortgage shall be at such rate as Lender <br />shall request if Lender has waivW the np[tan to accelerate provided in this paragraph 17. and if Borrower's successor in <br />intueet has exexutexl a written atsttmption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Leoder shall mail Borrower notice of acceleration in axurdance with <br />paragraph 14 hereof. Sw.h notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Bottnwer fails to pay such sums prior to the expirntion of such period, <br />Lender may, without further notice or demartd on Borrower, invoke any remedies permitted by paragraph I $ hereof. <br />potu_111itFOaM CovEN.tNts. Borrower and Lender further covenant and agree as follows: <br />If, Aceeheaaliar, Reredia. Icscept as provided ire paragraph 17 hereof, upon Borrower's brear:h of any coveoaol or <br />agteemeM o[ Borrower L Chi Mortgage, iacludiag the corerwMs to pay when due aoy sums secured by this Mortgage, <br />teeter ptiar b accekrtttiaa aYaB ratW notiice to Borrower as prorided in paragraph lA hereof specifying: ll) the breach; <br />(Ij the actka regarid to care wrcY breach; (3) a date, not less than JU days from the date the rnWice is mailed to Borrower, <br />by rrhleh wreh breach taunt he cured; and (4) tYat failure to cure such breach o0 or before the dale specified in the rwlke <br />aaq reaalt YI acecleralioa of the wtus secured by tYis Mortgrge, foreclosure by judicial proceeding aad sale of the Property. <br />Ile ttallce rhall farther iaforr Borrower of [Ire right to reiostale after acceleration and the right to assert is the foreclosure <br />preceding tYe eaattieteace of a defaWt or any oihtr defense of Borrower [o acceleration and foreclosure. If the breach <br />i wet card w or before the date speci6d i.+ the ootice, Leoder at Lender's option may declare alt of the sums secured by <br />Chi Margate to be it~mediMely dre aed payable without (urlher demand and may foreclose by judicial proceednog. Ixnder <br />s-aY be retitled to collect L such proceednag aY ertpeases of forecosure, including, but not limUed to, costs of documentary <br />erideace, aistracq and title rtpoAs. <br />I~. Baaower'a Right to ReiaAate. Notwithstanding Lender's acceleration +>f the rums secured by this Mortgage, <br />Borrower shall have flee right to have any proceedings Fcgun by Lender u, enforce this Mortgage disumirnucd ai aay time <br />