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8U-~~ <br />tinder's written agreement or applicable law. Borrower shall pay the amount 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, shalt become 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 fender 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 aayment 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. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. 7be proceeds of any award or claim for damages, direct nr consequential, in connection with any <br />condemnation cer other taking of the Property, cer part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />in 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 the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied in the sums secured by this Mortgag° such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage ,mmediately prior to 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 [he proceeds <br />paid to Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after tfie 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 />Propern~ or to the sums secured by this Morteage. <br />Unless Lender and Burrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the aonthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Eortrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in arty manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />soured by this Mortgage 6v reason of any demand made by the original Borrower and Borrower's successors in inh rest. <br />Il. Forbeatawce by Lender Not a Waiver. Am• forbearance b}• Lender in exercising one right cer remedy hereunder, or <br />otherwise afforded by applicable law, shall not fte a waiver of or preclude the exercise of am' such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Morteage. <br />12. Remedies Cumulative. .411 remedies provided in thin Mortgage are distinct and cumulative to am• other right or <br />remedy under this Mortgage or afforded by !au• atr equity. and may he exercised concurrent)}. indcpendenth' or sarccessiveh•. <br />13. Succe~ors and Assigns Bound; Joint and Severn Liablity: Captions. 'The cawcnants and agreem- herein <br />con*.ained shall bind. and the rights hereunder shall inure to, the mspective successors and as<igns of Linder and Borrower. <br />subject to the pmvisians of paraeraph 1? t~reof. All covenants and agr tarr7:Ai4°ellaaarrawer shall he mint and several. <br />The captions and headings o[ the paragraphs of this Mortgage are r. ~epnvenicnge~ly and arc not to he used to <br />interpret or define the provisions hereof. ~ ;, '~. <br />I0. Notice, Except for any notice required under applicable t;t'ia 6e given •in ~at~}iT~r manner, tat any notice to <br />Borrower provided for in this Mortgage shall be given h}' mailing ch•'nntice?tpy certifiedaii;}il addressed to Borrower at <br />the Properly Address or at such other address as Borrower may g1 aee'by,-npiice to Leti~er as provided herein. and <br />(b) any notice to Lender shall be given M cer*~fied math return r ipt=rcgttestedt; to t ead~'3 address stated herein nr to <br />such other address as Lender may designate by notice to Bartow as '~raeided herein. An% notice nnn•ideti tar in this <br />Mortgage shall be deemed !o have item given to Burrower or Londe w~re.A.gjven in tte~ manner designated herein. <br />15. Uniform Mortgage; Governing Law: Severability. This form- gage con~bin@s uniform ~ r+renants fur national <br />use and non-uniform covenants with limited variaiiam he jurisdiction to riufl~ a~~}ttgiForm secant} ^strumrnt covering <br />mat properly. This Mortgage shall be governed by the taw of the iurisdic ~• ritldsi}Iiich the Propene is located. In the <br />event that any provision or clause of this Mongage or the Note conltrcts with anplicable law, such conFlict shall oat atTect <br />other pravisinns of this Mortgage or the Note which can be given etTect without the cnnt~icting pmvisian, and to this <br />end the provisions of the btnrtgage and the Nate are declared to be severable. <br />16. 1lnrrowcr'S Copy. Bor[awer shall be furnished a conformed copy of the- Nnte and of this Morteage at the time <br />of execution cer after rewrdation hereof. <br />iQ. Trasslbr of tk Property; Assumption. If ail or anp~ part of the Property or an interest therein is sold or transferred <br />by Borrower without Ixnder's pricer written consent, excludin¢ ta) the creation <f a lien cer encumbrance suhordinate to <br />this Aiortgage, {b) the creation of a purchase money security interest for household appliances. ic1 a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant nr <br />Lender may, at Lender's option, declare all the sums secured by this kiertgage to be <br />immediately due and payable. tender shall have waived such option to accelerate if. prior r., the sale or transfer. Lender <br />and the person io whom the Property is to be sold nr transferred reach agreentant in wciting .hat the credit of such person <br />is satisfactory to Lender and that the interest pa}'able on the sums secured ht this Mortgage shall he at such rate as Lender <br />shalt request. If I..endar has waived the option to accelerate pmvidzd in this paragraph 1?. and if Borrower's successor in <br />interest tax ezccuted a written assumption agreement accepted i.^~ writing lt} Lender. Lender shall release Borrower from all <br />obligations under this Mortgage and the Nate. <br />if Lender exercises such option to acceluare, 1_ender ;hall mail Aorrowcr sauce of acceleraaion m accordance with <br />paragraph 3y hereof. Such native shall provide a aeriod of not Tess than 3d days from the date the no!ia- is mailed within <br />which Borrower ma}• pay the sums declared due- if Borrower faces ro pay su fi sums poor !o the espiratinn of etch penod. <br />Lnder may. u:tt;out farther nati:~e cer detttartd nn &trrawer ~nsoke cer: rernzdies pernutted by paragraph 1 ~ hereof. <br />Nor:-ti~tFareu Covttr:,xN75. Burrower and Lender further covenant rod agree a; tallow*_: <br />I8. Acrekratiwu; Remedies. Fatept as prodded in paragraph t7 hereof, upon Borrower's breach of any revenant cer <br />a(rsemewt of Borrower in This '.liarigafge, including the covenants to pay when due am some secured by this 1lorlgage. <br />Lender prior to accekraliap shag mail entice to 6orrawer as prodded in paragraph 10 hereof specifying: tli the breach; <br />f=) the action required to ewe each breach; (3) a date, not less than 30 days tram the date the notice is mailed to Bareawcr, <br />by wltidr.tatch breach must be cured; and (Q) that failure to rare such breach nn or before the dale specified in the notice <br />mry rtesYM is avcderatioa of the sums secured by Ihis Mortgagt:, foreclosure by judicial proceedLtK and sale of the Property. <br />Tht wMke shatl further initrtm Burrower of the right to reimtafe after acceleration and the right to assert in the ioreclosure <br />procadiq the woo-eskJence of a defsWl cer any other Aefensc of Borrower to acceleration and foreclosure. if the breach <br />is aol cured an or before the drte specified in the twtit:e, Lender at Letuter's option mry declare all of the soots secured by <br />ibis AfartYage Irs be immedwtefy dux and payabk without further demand and ma} foreclose by judicial proceeding. ).ruder <br />shalt be entitled to collect in such pracecdfwg all expenses of foreclosure, including, but no[ limited to- costs of dac wnrntar} <br />evidence, abstracts aced tine reports. <br />19_ iorrower's Right to Reirotate. Nnawtthstanding i ender s ,. ~ricrat~on of the ,urn. u•cur ~d by the Mrx tgagc. <br />Borr~wet shaPi have the right to have am proceedings ttegun h} i.rndet to enforce tlr,s A1~u:gage ohs. unuuued .~i ~ un;r <br />