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Q !Z r, . .pra+'r <br />~l-ender's wrinen agreement or apoticable lau•. Borrower shalt pay the amount of all mortgage insurance premiums i^ the <br />manner provided under parzgraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon. shall become additionai <br />indebtedness of Borrower secured by this Mortgaee. Unless Hemower and Lender agree to other tenets of 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 disbunemert 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 io applicab]e law, in which event such amounts shall bear interest at the highest ra±t <br />permissible under applicable ]aw. Nothing contained in t}iis paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S. Snspecfion. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt gR•e Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lendei s <br />interest in the Property. <br />4. Condemnafion. The proceeds of any award or claim for damages, direct or consequential, in connection wi±h any <br />condemnation er 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 takine of the Property. the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess. if any. paid to Borrower. Tn the event nt a partial taking of the Property. unless Borrower and Lender <br />otherwise a¢ree in writing, there shall be applied to the sums secured 67 this Mortgaee such propottion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior io the date of <br />• taking bears to the .`air market value 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 appl}' the proceeds. at-Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this 3fortezge. <br />Linless Lender and Borrower otherwise agree in wr.'ting, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs I and Z hereof or change the amount of <br />such installments. <br />S0. Borrow'er Not Re;eased. Extension of the time for payment er modification of amortization of the sums secured <br />by this Mortgaee granted by Lender to anv_ successor in interest of Borrnwe: shall not operate to release, in any mznner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall r,ot be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modif}' amortization of the sums <br />secured bc• this Mortgage by reason of ant' demand made by the original Borrower and Borrower's successors in interest. <br />ll Furbea ~..^,ca by Londe: 'mat a a'ai•'^-. ~^v forbearance by Lender in exercising any right or remedy hereunder, or <br />otherv,•ise afforded by applicable '.?w. shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or [he payment of taxes or other Liens or charees by Lender shall not be a waiver of Lender's <br />ri¢ht to accelerte the maturity of the indebtedne<s secured ba this Mortgage. <br />12. Remedies Cumulative. All remedies prodded in this Alortsaee are distinct and cumulative to ant- other right or <br />remedy under this Mortgage or afforded by law or equip'. and mac he exercised concurrently. independently or soccessiveiv. <br />73. Successors and Assigns Bound; Joint and Several t_iabilih; Captions. The covenants and agreements herein <br />contained shall bind, and the 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 and several. <br />The captions and headings e.' the paragraphs of this Mortgage are for com•enience only and are not to be used to <br />interpret or define the provisions hereof. - <br />14. Notice. Except for any notice reouired under applicable tau [o be given in another manner, (a) a v notice to <br />Borrower provided for in this Mortgage shall he liven be mailing such notice by certified mail addressed to ~Bormwer at <br />the Property Address or at such other address as Berrewer ma7 designate b}• notice to I_cnder zs provided herein. and <br />(b) an}' notice to Lender shall be given h}• certified math return rose ip; requested. to tender's address stated herein or to <br />such ether address a< Lender may designate by notice to Borre~-ter as prnl'ided hcre;r:. Anc notice p,•ovidtd t'or in this <br />Mortgage shalt be deemed to have been given to Borrower or Lender u~nen given in the manner desi¢nated herein. <br />1~. L'rnifotatt Feoftgage; CvOvernirg Law; Seyerabilih'. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jntisciiaion to con>ti[trte a um(onn ra~rtr instrument coverin¢ <br />real property. This Mortgage shall be governed by th,: lain of the jursdicuon in which the Prop:rt}' is located. ]n the <br />event that any provision or clause of thi< Mortgage or the Nate conflicts with applicahle law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting envision, and to this <br />end the provisions of the Morteage and the Note are declared to he severable. <br />16. Borrower's Copy. Borrows shall he furnished a conformed copy of the Note and of this Morteage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Properth•; Assumption. I(all or any part of the Property or an mterest therein is sold or transferred <br />tit' Borrower without Lender's prior written consent. excluding la) the creation of a lien or encumbrance subordinate in <br />this Mortgage, (h) the creation of a purchase money securiry• interest for hmisehold appliances. fc) a transfer h}• devise. <br />descent or by operation of law upon the death of n joint tenant or (dl the grant of ar»' leasehold inrerest of three years or Less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured hp this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if. prior to the ssle or 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 nn the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. 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 Bormu•er from nll <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of atteleration in accordance with <br />paragraph ]4 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower rzia}• pap the sums declared due. If Borrower tails to pay such sums prior n the expiration of such period, <br />Lender may, without further notice o; demand on Borrower invoke any remedies permi«ed by paragraph 18 hereof. <br />NON-UNIFORM COVENANTS. Borrower end :.ender further covenant and agree as follows: <br />SS. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due um' sums secured by this Mortgage, <br />Lender prior to acceleration shag mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(Z) the actiou required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Bortoweq <br />by which such breach mus4 be cured; and (d) that failure to cure such breach nn or before the date specified in the notice <br />may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceedink and sale of the Property-. <br />The notice shall further in€orm Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is'not cured on or before the date specified in the notice, Lender at Lender's option mac declare all of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and map foreclose by judicial proceeding. Lender <br />shall be entitled fo collect in such proceeding all expenses of foreclosure, including, hui not limited to, costs of documentary <br />evidence, absteacis and title reports. <br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun by Lender n, enforce ihn Mortgage discontinued ai am• time <br />