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~Q ~ <br />Courier's written agreement or applicable taw. Borrower shall pay the amount of alt 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 />indebredness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other termsaf 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 disbtrrsement at the rate payable from time to time on outstanding principal under th^ Note-unless payment of` -. <br />interest at such rate would be contrary to applicable tam, in which event such amounts shall bear irterest at the highest rate - ~. <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any-.expensQ.-nor take'- - <br />any action hereunder. - - <br />8. inspection. Lender may make or cause to be made reasonable entries upon and inspections of theProper±y<piLiv}ded <br />that Lender shall give Borrower notire prior to any such inspection specifying reasonable cause therefor relatedaa°Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequentiah in copneetion xtith~. any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu-of condemnation, are herebyassigrled <br />and shall be paid to Lender. ~ " <br />In the event of a iota) taking of the Properly, the proceeds shall be applied to the sums secured-by this.Mortgaga" <br />with the excess, if am•, 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 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 Property immediately prier to the date of taking. w'iih the balare of the proceeds <br />paid to Harrower. <br />If the Property is abandoned by Harrower, or if. after nMice by Lender to Harrower that the condemnor offers to 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 nr to the sums secured he this Mortgage. -_ - <br />Ilnless Lender sod Borrower othenvise egret in writing, any such application of pracecds to principal shall not extend- <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2-hereof or change the amount af- <br />such installments. <br />10. Borrower Net Released. Extension of the time for payment or modification of amortizaton 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 Borrawer 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 modifi• amortization of the sums <br />secured bv_ this Mnrtttage by reason of any demand made by the original Borrower and Borrower's successors in interest <br />t.l. Forbearance by Lender Nof a R'aiver, ,4ny forbearance ha Lender in exercising env right er remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes nr other liens or charges by Lender shall oat be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured 6y this \tnrtgagr. <br />12. Remedies Cumulative, All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law ar equip', and may he exercised ceneurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Secrral f.iahilih; Cap@ons. The cotenants and agreements herein <br />comet Wed shall bind, and the rights hereunder shall inure to, the respective successors and signs of Lender and Borrower, <br />subject to the provisions nt paragraph 17 hereof. Afl covenants and agreements of Harrower shall be feint and several. <br />The captions and hearings of the paragraphs of this Dlnrtgage are for canvenicnee only and are not to he used to <br />inierpre€ o; d£fer ter:, pra_isinns ker£af. <br />l+t. Notice. Except for any natice required under spplicablr !aw to be given in another manner. (ai any notice to <br />Borrower provided for in this MMtgage shalt be given by mailing such notice by cor[ifitd mail addressed to Borrower at <br />the Prapcriv Address or at such ether artUreis as Horrnwer may designate by natice io 1-ender as provided tserein, and <br />{b3 any natice to Lam, _ ;.hall he given by c£rtified msil, return rereipe requested, ro Lender's addre=_s stated herein or ±a <br />such athsr address ~s i~enetr ma} dcs~nate by :ntire to Bar rower as provided herein. Anv r,<tico prrn•idez! %-. in this <br />Mnrtgagt chail hr rie±me,d t i I.~..e bee IV•@n .•• B^rrnwer [ Winder :•hf)a liV@n in th£ ~arin£r d£Sldnat£d % ___, . <br />IS. C'nlinlm MUrt><aeri Ci<+t'CrniriQ SL'd w;'~CV"rrebNffy'. `}-ft13 fQtm Of mnftgxgC ~CnibinCt unif4[m S'at'Enanrc far nart4na} <br />use and non-unifern: covenants :vith !invited :•ariaunns b..v jurisdiction to constitute a uniform security instrument cos°tring <br />real property. This Mortgage shall fx governed by the law ni the jurisdiction in which the Property is located. In the <br />event chat any pmvisinn or eiause of this Mortgage or the Note can0icts wick applicable law, such conflict shall oat affect <br />other provisions of this htongxgr nr the `vote w•htch can he given effect without the conflicting provision, and to this <br />end the provisions of the \1ongage sod the Vote are declared ro he severable, <br />16. Borrower"s Copy'. Borrower shall he tarnished a a>nformad rnpy of the Note anJ of this ?mortgage at the time <br />of execution nr after recordation hereof. <br />17. Transfer o[ the i*ruprrty: Assuneption. it all or any part of the Proprrp• ar nn interest therein is 3cild or trans(erred <br />by Darnwcr without Lendrr•s prier written consent excluding la1 the creation a! a lien nr encumbrance sotx?rdinatr to <br />this Martgage, tb) the creation of :+ pun•hasr money srcurGy imrrtst (or hauschold appliances. {e) a transfer by devise, <br />descent or 6y operation at law clean the rl£ath of a lent tenant or td! the grant of any leasehold imrrrat n[ there years nr less <br />not eontainirg an aptian 'o purchase. Lender ntay, t Lrr~drr's aptian, d£elare all rh£ sums secured by rrtis '`iongage i41 i+r <br />immediately due :end payable. Lender shall base waived such option to accelerate d, prior io the sole or transfer, Lcndtr <br />and rhr Iwrsan to whom the Property is to he sold or transferred reach ngrremrm in writing that the credit of such person <br />is satisfactory to i.rnder and that the intfrest payable on the sums securrtl by this Martgage shall he at such rate as Cruder <br />shalt request, if i.ender has waived the option to uccriera[r pn~vided in this ixrragraph t'!, :urd if Burrower"s succrswr in <br />interest has executed s wriurn assumption agrtrtntnt accrptrd in writing by I..ender, Lender snail release Borrower from alt <br />obligations under this Martgage and the Note, - <br />If i.atder e.xrrcises such option to xceeleratr, Lender shall rnaii Borrower natter of sccrieration in accordance wuh <br />paragraph !d htrea€. Stith nod^"-e she!! provide a terind of cot leis that 30 days frc-m ttty date the r,~tiee i n;~iird :*'ithi;t <br />which Borrawer ntay pa}~ the starts declared due, If Boers+wsr fail, re Pnv such ±ttuts prur to the expiration i+; Euc!i period, <br />i,rndcr rttay°, svitbuuE turthrr notice or demand an Barrawer, rove-kr any remedies penruued by paragraph 18 hereof. <br />NoN-L(Nrt•aaxt Covt:.atat's. $arrowcr and Leudrr further covenant grad agree : s inflows; <br />t8. Artrleraftoa# Rentedirs. Exrrpt as provided in paragraph 17 ,Cirrruf, upon Borrower A breach of any cw'ruarrt ur <br />ugrrement of Harrower in this Mortgage, including 16r cuvrnanle to pay when due mp' sums secured by this :Olortgat;e, <br />-Lender prior io a£c•zMeation shall waif notice ter Barrawer as provided in paragraph td hereof specifying: f t) the breath; <br />(2) the action required to curt such breach; {3) a date, rwt Ie1S: than 30 days iroat the +latr ihr natter is mailed to Borruxer, <br />by w-hieh sorb breach must be cured; and (4) that failure to cure such breach on ar bet'ore the date spedfird in the notice <br />Wray result in secrleralton of the sun>_s secured by this Mortgage, torectosuro by judicial procrrding and sate of the Property. <br />The notice shalt further inform Uarruwrr of rhr right to reinstwe niter acceleration and rhr right to assert in the forrelasure <br />prrrrerding ihr nnu•rxistrner of a deianit ar any o16er dtfetvre tit Borroxrr to accrleralioa and foracimurr, If rhr breach <br />is ~noi cured an ur before the dart specified in rhr entire, l,rnder at Leaders aptian may declare xtl of rhr sums secured 6y <br />this 141+rrtgagr to be immediately due and pay~abte without further drntand mtd may furechrsr by iudiciai proceeding. Lender <br />shall frc rutiBed lu coUert in such pmcrrdfng aB rxpenaes o[ toraclosure, including, but nut limited tu, cotYS of docuntrurorv <br />evidence, abstracts and tttlr reports. <br />_. ~r+: rt+-wens i:ibhf to Reirtstate. Natwititstandin}; i_eniier`s accelCratnzn rr[ ihr 3uru secured b}' t!t i. Martgage. <br />Borrower shah have the right to have any prac:ccdings lxgun b} Lender to anior.c ihn iiortaage discontinued at c,u} tune <br />