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$(3-- ~~ <br />Lender's wriitep. agreement or applicable law. Borrower shall pay the amours of alt mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />.Any ameetn[s disbursed by Tender pursuant to this paragraph 7. with interest thereop.. shall bet;ame additional <br />indebtedness of Borrower secured Sy this Mortgage. Unless Borrower and Lender agree [o other ietms 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 disbursement 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 to applicable taw, in which event such ampunu shalt bear interest at the highest rate <br />permissible under applicable taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Iosprefion. Lender may make er cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior [o 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 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 shall be paid to Lender. <br />In the event of a total taking of the Property. the proceeds shalt he applied io the sums secured by this Mortgage, <br />with the execs. if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writin¢. 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 [he Property immediately prior to the date of taking, with the balance of the proteeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, orif, after notice 6y Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damaaes. Borrower fails to respond to Lender within 30 dav_ s 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 tM <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds 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 of <br />such installments. <br />iU. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />3?y 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 original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings aeainst 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 successors in interest. <br />17. Forbearance by Lender Not a Waives Any forbearance he Lender in exercising any right or remedy hereunder. or <br />otherwise afforded by applicable law. shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of tales or other liens ar chareec by i_ender shaii opt he a waiver of Lender's <br />right u, accelerate the maturity of the indehtednesc secured h}• thin btertgage. <br />l2. Remedies Cumulative. All remedies provided in this Mortgage are distinct :nd cumulative [p any other right or <br />remedy under this Mortgage or afforded h}• law or equi[t', and may he exercised concurrently. independently or successively. <br />73. Successors and Assigns Bound; .Total and Several Liability; Captions. The covenants and agreements herein <br />contained shaii hind, and the rights hereunder shall inure ur. [he respective succrsar; and aligns of Lender and Borrower. <br />ethics[ to the provisions of paragraph I7 hereof. Atl covenants anti agreements of Bprnnver shall he joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience Dole and are not to he used to <br />interpret or define [he provisions hereof. <br />Ia. '.4utiec. Except for any notice ryuired ender , pi?itc:?ble htw to be given in another manner. (al env notice to <br />Beranver provided for in this Mortgage shall he given 6y mailing such notice by certified mail addressed ro Borrower at <br />the Ppcrec .A sides :s c. - - ich ,thee addre-=.:; Bcrrou'cr aloe designate h}• notice t~ Lender as provided herein, and <br />fb) any notice ro Lender shall be eiven be certified mail return receipt n^quasted. to i_entier's address stated herein ar to <br />such ether addres .s Lender ma} designate t,y npdce 'o Bcrewer as pmvided herein. rynv •,c•Hce pros ided for io this <br />Rtortgagr shall ..".e deemed ro has-c hce.^, given tp Bnrrpwu or Le.^.der :e-hen given in the manner designated her ir?. <br />I5. L'•niforan Moetgagr: Governing Law; Secerability. This form of mortgage cornbines uniform covenants for national <br />use and non-uniform covenant. wi!h limited vuriuvons M' jurisdiction rt, constinug a uniform sorority instrument covering <br />real property'. This Mortgage shall be governed by the law of the jurisdiction in which the Propene is located in the <br />event that any pnn•isien or clause of this Mortgnee or the Note conflicts with applicable law-, such conflict shall oat affect <br />other provisions of [his Mortgage or the Note which can be given effect without the er.ntlietine provision. and to this <br />end the provisions of the ?vtertgage and the Vote arc declared m he severahle. <br />16. Borrower's Copy. Borrower ;hall he furnished n conformed cop? of the Note allot nf. ih+s Mortgage at the tune <br />of execution or after recordation hereof. ~ °' °'r"-t' --' <br />77. Transfer of the Property; Asswnpiion. If alt or any part of the Prnpern' zr ati idiott:St thSrCha is sctj~ nr transferred <br />by Borrower without Lender's prior written consent. excluding tat the crcatipn'pf'i iien'yir onctimbradeif suhonlinate to <br />this Mortgage, tb) the creation of a purchase money securite interest for household appiiarices, (c) a transfer by devise. <br />descent or h}' operation of law upon the death o[ ^ joint tenant or <br />Lender may, ;n I_enderA option, ticclarc all the won sect r,ed h•• the Mortgage m he <br />immediately due and payahle Lender Htn1I have waived loch upoon n~ accelerutc it. poor to the .ale or transfer. I ender <br />and the person to whom the Property is p, he s9d or transferred reach agrccnacnt in ..none that !h .rc+iit nl cu.h person <br />is x?tisl acton k, ixnder :uxl that the inn•rest pavahle on the gums •,ecured by Otis 4l ortgage <haa h_ it su,:h r;HC .is Lender <br />shall request. ff Lender has waived the option u~ accelerate provided in Ihis par:igr.+ph I'. and :1 Bormwrr~..uccessnr in <br />interest fias esecuteti a written assumption agreement accepted in writing by Lender. Lender sh:di rele;v;e Borrower from all <br />nbligahons under this Murtlu,ec and the Notr. <br />if I.et?d°er e±er_ut- .uch oi.t . ...c ....u_leratr. 1 c.i.lor ~,ha!i t.t.til B•.rrnu t: ~ ,- ~~ le:~au a ~t:~,rl„nc: w th <br />paragraph {-} hrreu(. Such notice shall provide a pennd ni not lox than lU adv. tr~..n the d:uc the n~aire n nailed within <br />which Borrrnvcr m;ry pap the cams deciareti doe- t: Borrower iaiis as pas such soots nape n~ the exptrannn ~~f uich perod. <br />Lender may. without further notice or demand nn Borrower. mvoAc. anc remedies permrttcJ i,r paragraph i ti hereof <br />Note-Utwir:oa~a Covsvnnrs. Borrower and I.rnder furl her envenom and agree as lollews <br />/8. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Bornrwer'c breach of nay covenant or <br />agreement pf Borrower itt this Mortgage, inchtding Ihr covenants to pay when due am sutras +ecnrrd by Phis ~loAgage, <br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: Ili the 6resa'h: <br />(2) the action required to cure such breach; 13) a date, nut less than 3U days from the date the notice is mailed to Borrower, <br />6y which such breach must be eared; and (4) that failure to core such breach on ur before the date specified in the notice <br />may result in acceleration of the sums scented by this Mortgage, foreclosure by judicial proceeding and .ale of the Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right n> assert in the foreclosure <br />proceeding the nun-exfstencr of a default or any other defense of Borrower to acceleration and foreclosure. tt the breach <br />is not cured on or before the date sprciHed in Ihr notice, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to Ire immediately due and payable without further demand and may foreclose br judicial proceeding. Lender <br />shalt be entiHed to coltert in such proceeding ail expenses of fnredosure, inriud'rng, but not litnitrd to, casts of documentary <br />erldrnce, atus'L•acts and title reports. <br />la Anrrawer's Righ! to Rcinstatr. Notwithstanding f_endcr's ^cccleralion of [he sums secured by this D9+rrigage. <br />Borrower shall have the right to have any proceedings begun by lender a, enf++ree thn Mungage divamunued at any umc <br />