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<br />Leader's written agreement or applicable taw. Borrower shall pay the amoutr. of all mortgage insurance premiums in the <br />manner provided under oazagraph 2 herpf. <br />4ay amounts disbursed by Lender pursuant to this paragraph 7, with intemt thereon, s'nai[ 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 Lender to Borrower requesting payment thereof, and shaft bear intemt from the <br />date of dubursemertt at the rate payable from time [o time on outstanding principal under the Note tmicss payment of- <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear intemt at [he highest rate <br />permiss'bie under aoplicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take- <br />any action hereunder. <br />S. [nspectfon. 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 seecifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. CondemriaHon. 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 ;hall be paid to Lender. <br />[n ±he event of a total taking of the Property. the proceeds shall be applied to the sums secured by tY.is 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 Mortgage such proport=:on of ¢he 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 />tatting bears to the fair market vahte of the Property immediately prior to the date of 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 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 aroceeds. at Lender's option. either to restoration or repair of the: <br />Property or to the sums secured by this Mott¢age. <br />LCnias Lender and Borrows: otherwise agree in writing, any such application of proceeds to principal shat[ not extend <br />or postpone the due date of the momhly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installmenu. <br />Ili. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by tfiis Mortgage granted by i_znder to any successor in interest at Borrower shall not operate to release, in any manner. <br />the liabilit7 of ?he original Borrower and Borrowei s successors in interest. Lender shalt not be required to commence <br />proceedings against such successor or retuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this bfortgage by reason of any demand made by the original Borrower and 8orrower's successors in interest. <br />11. Forbearance by Lender Vol a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise aifiorded §v ,appiicabl~'aw. shall not be a waiver of or preclude the exercise of any snob right or remedy. <br />The procurement of imutatraeor i~,payment of taxes or other liens or charges by Lender shaft not be a waiver of Lender's <br />right to accelerate the trpturity a~.theindebtedness secured by this Mortgage. <br />i2. Remedies Ctumrlat>~s:>=Ali remedies provided in this Mor[_ttage are distinct and cumulative to nay other right or <br />remedy under this Mcttgage-ar sf€orded by law or equity, and may he exercised concurrently, independently or successively. <br />13. Successors and .assigns Bound; Joint and 5everai Liahilitr; Captions. The covenants and agreements herein <br />contained shalt bind. and the rights hereunder shall inure to, the respective ;uccessots and assigns of Lender and Borrower, <br />subject to the provisions of paragraph I' hereof. All covenants and agreements of Borrower shall be joint and several. <br />'['ne captions -and :readings of the paragraphs of this Mortgage are for convenience only and are no[ to be used to <br />interpret or define the provisions hereof.' <br />Id. Notice. Except for any notice required under applicable law to be given in another manner, fa; any notice to <br />Borzower prrvided for in this Mortgage shall he atven by mailing such nonce by certified mail addressed to Borrower at <br />the Property Address or at suctr other address as Borrower may designate by notice to I ender as provided 'Herein, and <br />tb} any nonce to Lender shalt be given by certified mail. remm receipt requested. tc Lender's address stated herein er to <br />such :;.., address as Leader Wray designate by notice en Sorrow-er as provided herein. ry nezice provided for in this <br />Mortgage+shall 6e deemed to have been given m Borrower or Lender when given in the manner designated herein. <br />1~ L'nifa>m'.S~?ur[n~+e: C:overning Law: everabifi#y. This form of mortgage combines uniform covenants for national <br />use and Hen-uniform .:ovenants with !invited variations by jurisdiction to construte a uniform ses:urtty instrument covering <br />real property. This Mortgage shall be governed by the law of the iurisdicticn in which :he Property is located in the <br />avert that any provision or~clause or' .his Mortgage or the '.dote conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the :'Voce which can be given affect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the `vote are declsred to be severable. <br />lb. Borrower's Copy. Borrower shall be tarnished a conformed copy of the Nete and of 'his Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; .-assumption. If all or any part of the Property ur an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding :"a1 the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b} the creation of a purchase money security interest for household appliances, .ci a transfer by devise, <br />descent or hy' operation of law upon the death o[ s pint cenant or .d} the grant of any leasehold interest of three Tears or less <br />not containing an option to purchase, Lender may. ^t Lenders opton, declare ail the.sums se vred by thrs '.vortgage to be <br />immediately due and payable. Linder shall have waived such option to accelerate if, prior to the .ale or transfer. Lender <br />and the person to whom the Property is to he sold or transferred reach agreemam in wrung that the sadit of wch person <br />is satisfactory to Lender and that the interest payable nn the sums secured by this Mortgage shall he at such rate ..is ixnder <br />shall reyuest. tf Lender has waived the option to accelerate erovided in this. paragraph 17, and if Borrower's successor in <br />interest has axecuted a written assumption agreement acaeptad in writing by Lender. Lender shall release Borrower from all <br />obligations under this Morgage and the Note.. <br />Cf Lender exercises such option to accelerate, Linder ,hall mail Borrower notice of acceleration in accordance with <br />paragraph 1J hereof. Such notice shall arovide a period of not less than 30 da}s from the date the notice is mailed ~rthin <br />which Bocruwar Wray pay cite sums declared due. tt Borrower fails ,o pay such .ums poor to the expirtnon of such prro.i. <br />Leader may, without further nonce or demand an Borrower, invoke am remedies permute-t t;v narc~raph i S hereof. <br />Nort•livtr=oarot COVENANTS. Borrower and Lender further cuvccam and agree as follows <br />18. Accelerat[on: Remedies. Except :u provided in paragraph i i hereof, upon Borrower's hreactt of any covenant ur <br />agreement of Borrower in this Mortgage, including the covenants to pay when due :mc sums secured ny this Slortgxge. <br />Lender prior to acceleration shall mail notice to Borrower as provided in purrGraph 1J hereof specifying: t I) the breach: <br />(2} the action required to cure such breach; {3} a date, nut less than 31y days from the date the notice is mailed to Burrower. <br />by which snob breach must be cured; and ld} that failure to cute such breach on nr hetore the date specified in the notice <br />may result in acceleration of the sums secured bV this 'vlortgage, foreclosure by judicial procecdinK :uni +aie of the Ynrperty. <br />The notice shat! further inform Borrower of the zieht to reinstate after acceleration and the right ro assert in the forcdasure <br />proceeding the non-existeucc of a default or any other defense of Borruwcr to acceleration and foreclmure. IY the 6readi <br />is not cured un ut before the date specified in the notice, Lender at Lender's option Hwy declare :dl of the sums secured by <br />tlrls Rlortgagc tp be immediately dun anti payable without !archer demand and may Grrecime 6y iudieiu! proceeding. Lender <br />shall t~ entitled t:t collect i:: such proceeding aH ceps rases of foreclosure, indudinf;, but nut limited to, costa of ducwncatary <br />avidenex. »L;t:~V a::d ti•re rei;r;rt;. <br />14. Borrower's Right to Reinstate. ?.otw ithsrmdmg Lc Hder's a ,_,+^auon .+t ,.,. ,unra ... ,,,,i he ;.hi, ~ioay.i,.•. <br />Borrower shall Nava the right ic, have any prucocdings' begun ray [ender t,.i entor.e th:. ~Slorg.rgecc ~s,~ntnucd ..: s _ -.~.t_ <br />