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8d®~~3~~ <br />Lender's wriittr, agreement or applicable law. Borrower shall pay the amottm of alt mortgage ittsvraace premiums in Y`ne <br />manner provided under pazagraph ?hereof. <br />Any amount-, disbutsed by Linder pursuant to this pazagraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other ternts of payment, st~h <br />atrtounts shall !>: payable upon notice from Lender to Borrower : tgvesting payment thereof. and shad bear interest from tine <br />dace of disbursement at the rate payable from time eo time on outstanding prrcipai under the Note unless payment cf <br />interest at such rate would be contran• to appiicable taw, in which event such amounts shall bear inters[ at the highest :ate <br />permissible under applicable law. Nothing contained in this para¢raph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />&. Saspectlon. Ixnder may make or cause [o be made reasonable entries upon and inspe.^tions of She Property, provided <br />that Lender =_!,~Il give Borrower notice prior to any such inspection specif}ing reasonable cause therefor related to Lender's <br />interest in the Properrv. <br />4. COfldelnAatian. ThC proceeds of any award or claim for damages. direu ar consequential, in connection w•.'ah any <br />' condemnation or other taking of the Property, or par[ thereof, or for conveyance in tiro of condemnation, are hereby assigned " <br />and shall be paid tc Lender. <br />In [he event of a total taking of the Property, the proceeds shall be applied to the sums secured by [his Mortgage, <br />with iht excess. if any. paid to Borrower. Tn 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 M1tortgage immediately prior to the date of <br />takin¢ bears to the fair market value of the Prope.y immediately prior to the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If the Propem• is abandoned by Borrower, or if, aher notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails m respond to Lender within 30 days after the date such notice is <br />mailed, Ixnder is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />P~^~TM.rt}• qtr to the ~.. o ured '-•, th ; artgage. <br />- V Unless Lender and Borrower otherwise agree in writing, an}• such application of proceeds to principal shalt not extend <br />~~yd5f postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />_ f;;~„~ such installments. <br />js"` S0. Borrower Sot Rtltased. 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 [he original Borrower and Borrower's successors in interest L-ender shall not he required to commence <br />proceedings against such successor or refuse to extend time far payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />ll. Forbearance by Lender Not a Waiver. Any forbearance by I-ender in exercising any right ar remedy hereunder, or <br />otherwise afforded by applicable law, shall no[ he a waiver of or preclude the exercise of any such right or remedy. <br />- The procurement of insuranc: or the payment of taxes or other fiens or charges by Lender shalt not be a waiver of Lender's <br />right to accelerate the maturity cf the indebtedness secured by this Mortgage. <br />12. Remedies Cumulativ <br />e. All remedies pro aided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and may he exercised concurrently. independently or successively. <br />73. Successors and Assigns Bound; Joint and Several Liability; Capftons. The covenants and agreements herein <br />contzined shall bind. and ±he rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint 2nd several. <br />ine captions and headings of the pzragraphs of this Mortgage are far convenience only and are not to be used to <br />..,corgi - deft; ~ ;he pro isiens hzreaf. <br />,n 14.E 'otiee. Except for any notice required under applicable few to be given in another martaer, (aj ^ny notice to <br />Borrower provided for in this Mortgage shall he given by mailing wch notice by certified mail addressed to Borrower at <br />•s.. Pr.,peny Address rr .-,t such other address as Borrower may designate by notice to i_tnder as provided herein. and <br />(b} env notice to Lender shall be given by certified mail, return receipt requested. to Lenders address stated herein er to <br />such other ad:;. ~;, as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall he deemed to have been eiven to Borrower ar f.endzr when given in the s??anner designz[td he-rein. <br />ism. Uoi€arm 'vtongage; governing Law: Severabiiity. This form rat mortgage combines uniform covenants far national <br />use and non-auifotart envenoms with limited variations by jurisdiction to constitute a uniform security instntment roveting <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br />event that any pmvisior, or clause of this Mongage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mongage or the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />iti. Borrower's Copy. Borrower shalt be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution ar after recordation hereof. <br />17. Transfer of the Property; Assumption. Tf all or any part of the Property of 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, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or Id) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale ar transfer. Lender <br />and the person 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 and that the interest payable on the sums secured by this Mortgage shall he at such rate as Lender <br />shall reyvest. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option [o accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof Such notice shall provide a period of nut less than 30 days from the date the notice is mailed within <br />which Barrawzt may pay the sum; declared doz. If Barawzt fails to pay such sums pint to the expiration of such period, <br />Lender may, withouf further notice or demand an Borrower, invoke any rzmzdits permitred by paragraph ifi hereof. <br />NoN-Uxtvoaat CovetveNrs, Borrower and Lender further covenant and agree as follows: <br />1S. [acceleration; Remedies. Except as provided in paragraph l7 hereof, neon Borrower's breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Leader prior to acceleration shalt mail notice to Borrower as provided in paragraph lA hereof specifying: (t) the breach; <br />(2) the action retpuired to cure such breach; t3) Q date, not Less than 30 days from the date the notice is mailed to Borrower, <br />by which sucb breach must bt cured; and (4) that failure to cure such hreath on or before the date specifeed in the notice <br />may result in acceleration of the surtss secured by this Mortgage, foreclosure by judicial proceeding and sate aF the Property. <br />The notice shag farther inform Borrower of the right to reinstate aher aceeleraGon and the right to assert in the foreclosure <br />pre=ceding the nos-existent[ of a default or any outer tkfen~e of Borrower to acceleration and fomclosure. [f the breach <br />)s not cured on or before the date specified in the trotice, Finder at Gender's option may declare aB of the sums secured by <br />fh>a Aiortgage to ba immediately due and payable without funher demand and may foreclose by judicial proceeding. Lender <br />shalt ix enHL9ed fo collet! in each proceeddttg ail expertses of foreclosure, including, but [tot limited to, costs of documentary <br />evidence, abstracts and Otte reports. <br />14. Borrower's 1R~hY to Rtientafe. Notwithstanding tender's acceleration of the sums secured by this Mortgage, <br />B .r;rwer shalt lave tl;e right to ::avz a, peovt~dinge h~gua ;y Lender to zafaree this Mongage discentintred ai any time <br />