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80- ~-~;~ <br />Lender'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, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree [o other terms of payment, such <br />amounts shall be sayable 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 />B. htapection. Lender may make or cause [o 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 relazed to Lender's <br />interest in the Property. <br />9. Condemnatlon. 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 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, fire proceeds shall be applied to the sums secured by [his Mortgage. <br />with the excess, if any, paid to Borrower. In the event of s partial taking of the Property, untes_s Borrower and Ixnder <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amour.[ of the sums secured by this Mortgage is tediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to [he date itf taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers [o make <br />an award or settle a claim for damages, Borrower fails to respond to 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 />Property 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 instalments referred to in paragraphs 1 and 2 hereof or chance the amount of <br />such installments. <br />16. Borrower 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 any manner. <br />the liability of the original Borrower and Bor mer's successors in interest. Lender shall not he required to commence <br />pr.~ceedings against such successor or refuse to extend time for payment or otherwise mndif7 amortization of the s[:ms <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearauce by Leader Not a Waivers Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of anv such right or remedy. <br />The procurement of insurance or [he payment of taxes or other liens or charges by Lender shat] not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mort¢age. <br />12. Rersedks CatauhHive. Ali remedies provided ir. this Mortgage arc distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law nr equity, and may he exercised coneurrentk, independentty nr successively. <br />13. Sttcceasors tud Aseiens Found; Joint and Several LiabOih•; Captions. The covenants and agreements herein <br />contained shall hind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. <br />subject to [he provisions of paragraph 17 hereof. All covenants and agreements of Borrower shad be join[ and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. ' <br />14. NoNee. Except for any notice required under applicable law to be given in another manner, (a) anr,' notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />tb) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be dtxnaed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; SeverabBih•. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by iurisdiction to cons2imre a uniform secunty instrument covering <br />real property. ~:1»s Mortgage shall be governed by the law of the jurisdiction in which [he Property is located. In the <br />event [bar any provision or clause of this Mortgage or the Note conP.icts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Iv Me which can be given affect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared 20 be severable. <br />If. Borrowers Copy. Borrower shalt be fprnisitzd a conformed copy of the Nate aad of this Mortgage ar the time <br />of execution or after rernrdation hereof. <br />IT. Totter d the f'roperfy; lmaerpriou. If al! or any part of the Property ar an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, zxcluding tat the creation of a iitn or encumbrance subordinate to <br />this Mortgage, (b) the crn[ion of a purchase money security interest for household appliances, (c) a transfer by devise. <br />descent or by operation of taw upon the death of a ioipt tenant or id) the grant of any leasehold interest of three years or less <br />not containing art option t0 purchase, Leer may, at Lender's option, declare alt the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to [he sale or transfer, Lender <br />and the persop to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender anti that the interest payablz on the sums secured by this Mortgage shall be at such rate as Lender <br />shag request. If Lender has waived the option to att~elerate provided in this paragraph t7, and if Borrower's successor in <br />itutresi has exxuted a wririen assumption agreement accepted in writing by Lender, Lender shall release Borrower from alt <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shag mail Borrower notice of acceleration in accordance with <br />paragraph i4 hereof. ;itch notice shall provide a period of net less than 30 days from the date the notice is mailed within <br />which Harrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />I.eoder may, without further notice of demand on Borrower, iavoke an}' remedies permitted by paragraph ? 8 hereof. <br />Noe[-Uenroax Covex~etrs. Borrower and Lender further covenant and agree as follows: <br />lg. Accderalinu; ReaetBee. $cept as provided is paragraph lT hereof, apps Borrowu'a breach of any covcsaat or <br />sgtaeureut d Borrowtxr ihir Mortgage, iucludiag the covenants to pay whew due any sums sceured by this Mortgage, <br />Lauiv prior b ataderatigw shut crag notice to Borrower ac provided iu paragraph 14 hereof specifying: f 1) the breach; <br />(2) the arfba retpini b curs [arch breach; (3) a date, tat lera than 30 days from the date the notice is [[tailed to Borrower, <br />by whh3 aucA Yrouch tuaW he rated; and (4) That failare to cure such breach a[r or before the dais specified iu the notice <br />uup teal/ i• acederatbu d the tutus securod by this Morgage, foreclosure by judicial proceeding aad sale of the Property. <br />'rie riotise shay farther hrfar~ Harrower d the riglet to reias[Me offer accekrMioa aad the right to assert in the forecbsurc <br />proeardirtg the nou-eaYlance d a defwh or any other defeaes of Borrower to acceeratioa and forxlosuro. if the breach <br />ds not-curer) a or idate the daft specified iu the notice, Leader at Leaders option may deebre all of the sums secured by <br />Ihlr Mortgage b fie inarNWely due anti payahie without further dearaod and may forerlose by judicial proceeding. Ixader <br />ehaY he tuWlsd b coBrct iu such proceediug atl sxpetwes of foreclosure, iucindhtg, but not limited [o, casts of docunteatary <br />evitleucq ahgrnck anti Lille reports. <br />1~. lerrowda )tight to ReirWata Notwithsia:,ding Lender's acceleration of the sums suurad by this Mortgage, <br />Borrower shall have [he right to have any proceedings begun by ).ender to eotorce this Mortgage discontinued at any time <br />