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~'~' ~~ `~ <br />SOLender'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 Lhis paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mcrtgage. Unless Borrower and Lender agree tc other terms of payment, Buell <br />amounts shalt be payable spun notice fmm Lender to Borrower requestine payment thereof. and shall bear interest from the <br />date of disbursement at rite 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 taw, in which event such amounts shag bear interest aE the highest rate <br />permissible under applicable law'. Noshing contained in this paragraph 7 shalt require Lender to incur any expense or take <br />any action hereunder. <br />g. Insperfion. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's- <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential in conneeeiott with any <br />condemnation ur other taking of the Froperty. or part thereof, or for conveyance in lieu of condemnation. are hereby assigned <br />and shall be paid to Lender. <br />to the event of a total taking of the Property, the proceeds shat! 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 shat! he applied ro the sums secured by this Mortgage 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 value of the Fropem• immediatcic actor to the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Harrower. or it, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fait<_ to respond to Lender within 30 days -after the date such notice is <br />mailed, Lender is authorizzd to collect and anph• the proceeds, at Loader's option, either to restoration or repair of the <br />Property ur to the sums secured by this Morteage. <br />Unless Lender and Borrower otherss'ise agree in writing, any such application of proceeds to principal shalt not extend <br />or postpone the due date of the montfily installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Reteased. F_ztension 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 originat Borrower and Borrower`s successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's sticerssors in-interest. <br />11. Forbearance by trader Nnt a Waiver. .Ana forbcarnnce by Lem'ler in exercising any right or remedy hereunder, or <br />othersvtse afforded by applicable law. =hall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance ur the payment of taxes or other liens or charges by f_tnder shaft not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness cecurcd h}^ this Mortgage. <br />12. Remedies Cumaiative. Ail remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Morteage nr afforded h}^ iau~ or cyuity. and ma)' he exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Several t.iab0iry; Captions. The covenants and agreements herein <br />contained shall hind. and the rights hereunder shall more to, the rcxpective successes sod auigns of Lender and Borrower. <br />subicct ro the provisions of paragraph 17 hereof. AH covenants and agreements of Borrower shall Fx join[ and several. <br />The captions and headings of the ~ araeranhs of this Mortgage see for convenience only and ore riot ro he used to <br />interrrst nr define the provisions h~reof- <br />14. Notice. Except for any nonce reyuired tinder applicable taw nt be given in another meaner, /al any notice to <br />Burrower provided far in this Mortgage di:dl tie given by matting sua:h noose by certified mail addressed to Borrower at <br />'hc Pr^,.cn; .. -' - ^•-1: -. er ~ ddre- BaTr.:u•er r.,a..,°° ... - ~cticz '. ,.ender -- provided herein, and <br />!ht an} nnhec toVi.cnelerhail iv.: • i r. h_v cenihs'~ m;:d_ etrr? e~c rt - yr-sled. +o t~endcr's address stated h=rein or to <br />suet: orh_r addras. s i.,, , :na; - i ,late - lice t.. ;orr..war - i r ceded hrrern. :n} notice pnw•ded far in tots <br />Mortgage shall he deemed to have Laren geven to Hormwrr or I ender when _kiven in the manner drsianated herein. <br />T3. [tniform I}:,iy,~e; L:i)ie7niri~ l.arr: Srvrrabilify. tai i\ i3fm C.f nl(1rlgage CnmbinCY Ilmf Men CnVrnariYe for natlOnnl <br />iY~e :toil ii- r _ iiSr Fl -'vCnanii ~~i$YI iii(TIfCiI iaridncln~ !?\' I:IT t`.ti~tL limn Ill t'OnSTlintC' a Unti rl(1r1 SCl'nrity InYlrnmrnl a'UVrnng <br />real properte~T~T'his Siurtgagc shall he governed l+y the F.iw ,rl the :urisd+chon in which the Propc-rty is located. In the <br />event that any provision or clause of this ~9ongage or the Note eontlicts t~ith applicable Insr•. such conflict shall not affect <br />other provisians of this Mortgage or the Nnte whmh cmi 6e given eHcct without the mnflic-ling provision, and to this <br />end the provisions of the siortgage and [he `ate arc declared dr i.e severable. <br />lb. Borrowers Copy. Borrower shall he furnished ^ amfor-.ited cope of the Note amt nt this Mortgage at the dine <br />of execution or after recordation hereof. <br />17. Transfer of the IRuptriy; Ass nmplion. if aH or any part of the Property or an interest therein is sold or transferred <br />by Barrewer without Lender's poor written consent, cscluding Gu the crcution of alien or encumbrance vubordinate to <br />this Mnrtgagr, fh1 the creation of a purchase money security interest htr household appliances, (c) a transfer by devise, <br />descent ur by ol+eratiun of law upon the death of a jouu tenant or tdi the grant of any leasehold intcrrst of three years yr less <br />not containing an option u, purchase, i.endu may, tit t_cnder~s upuun, declare ail the sums secured by this Biorittage to he <br />immediately duo and payable. Lender shall have waived such upuun io accelerate rf, prior la the .ale or transfer. Lender <br />and the person to whom the Property is to be sold or u•ans(errcd reach ^greement m waling that the credit of such pesen <br />is satisfactory to Lender and that the interest payable on @tr some secured h} this Mortgage shall he all such rate as Lender <br />shall request. if Lender has waived the option to accelerate provided m this paragraph 17, and iF Borrower's surreasnr in <br />interest hats executed a written assumption agreement accepted in writing b}• Lender. Lender shall relearn Borrower frnm all <br />obligations under this llartgage and the Note. <br />if Lender exercises such option to accricratt, Lender shall mail Bon~oa^er notice of acceleration in accoralancr with <br />paragraph 14 hereof. Stich noose shall provide a period of nut less than ?Q days frtlm the date the nutter is mailed within <br />svhieh BorraTwcr luny pa}~ the .sums des hued due. ir` Borrower Fntis m pay such uuas poor to the expiration of such proud, <br />Lcvdur may, without further nonce ar demand oa Borrower, invoke nay remedies pernutie=l by pant;'rnnh I$ hereof, <br />Nort-Unts~oast Covertnrtrs. Borrower :md Cender further coven;utt and agree as follows: <br />kg. Aeceteeation; itemrdies. Except as provided in paragraph 17 hereof, upon Borrower's breach of mry covenant nr <br />agreement of Borrower en this Mortgage, indadirtg the c•uvenants to pay when due any stuns secured by this \longagr, <br />I.endrr prior to acceeration strait wail rwliee to Ilorruwrr as provided in paragraph 14 hereof specifying: (1) the ttrrach; <br />(2) the action required to care such breach; (3) a date, not IeYS dmtr 3n days frotn the elate the notice is urailyd to Borrower, <br />by which each breach must be cured; and (J) that failure !n cure such bretrch on or before the date specified in the notice <br />rtray txsuit in acerkrn6on of the sums secured by this Mortgage, foreclosure by judicial proerrding and laic of the Nroprrty. <br />'The notice stfaB further inform 3orrower of the right ro reinstate after acceleration and tits right to assert in the farrclosurc <br />proceeding for lino-existrace of a default or any other drfense of Borrower to acreieralion emd forrciusure. !f [hr breach <br />is not eared mi or bzfore the date eperiBed in the natter, l.eoder al I.rttdrr's optimr may decWre all of fire Burns secured by <br />tltfrr hlortgagr to he immrdlairly due and peyahte witiroat further detained and may foreclose by judicial proceeditrg. [.ender <br />sl:aii w r;tlitnd to colTr3t ^• sari; p:.;cer,:it.~ ail expets:,~ of Ec:eciesrra. ineludtng, but rot Bmiied ia, cosYS of daeumrntary <br />19.~Bormwer's~Ririht•to Reinslete. Notwithstanding i.cndcr's uccalerauon of the sums secured by this \tortLtakr, <br />Horrow•er shall have the right to have any proceedings begun fiy I ender to can force this .'slorigagr discontinued at any time <br />