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80.d _ ~4 <br />_ ~6 <br />Lender's written agreement or applicable law. Borrower shall pay the amount of ail mortgage insurance premiums in the <br />FF manner provided under paragraph 2 hereof. <br />F~ Any amounts disbursed by Lender pursuant to this paragraph 7. witY. interest thereon, shall become additional <br />F; indebtedness of Borrower secured by [his 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 shall bear interest from the <br />e date of disbursement at the rate payable frcm time to- time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, ih-which event such amounts shall bear interest at [he highest rate <br />f permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action herwnder. <br />8. Inspection. Lender may make or cause to he made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's - <br />interest in the Property. <br />9. Condemns@on. The proceeds of any award or claim for damages, direct or consequential, in conncetion with atry <br />0. condemnation ur 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 [he Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />`. ~ with the excess, if any, naid to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender <br />~VU~ aherwise agree in writ~ne. there shat! be applied to the sums secured by this Mortgage such proportion of the proceeds <br />r1 as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />~J taking bears to the fair market value of the Property immediately prior to the date of taking. with the balance of [he proceeds <br />paid to Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by I-ender 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 proceeds, at Lender's option. either to restoration or repair of the <br />Propettt• or to the sums secured by this Mortgage. - <br />- Unless i_ender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />cr posmone the due date of the monthly installments referred to in paragraphs 1 and. Z hereof or change [he amount of <br />such installments. <br />- 10. Borrower Not Released. 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 the original Borrower and Borrower's successors in interest. Lender shalt not he required to commence <br />proceedings against such successor or refuse to ex[erid time for payment cr otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Aorower and Borrower's successors in interest. <br />Il. Forbearance by Lender Not a Waiver. Any forbearance by tender in exercising am- right on remedv~ 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 taxes or other lions or ~ barge=; ':v : ende• stta!1 n^~ r•` ~ +vniver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortea'e. <br />_ 6 <br />1 ~. R <br />emedies Cumulative. .All remedies rovided in this Mort a c ,tre dis i i <br />p e t net am uimulati+c to env other ri ht or <br />- g g <br />remedy under this Mcrtgagc or afforded by law or eyuirv. and may he eserised concurrently, independently or successively. <br />13. Successors and Assigns Bound; .ioint and Several Liability: Caption -• Tenants and agreements herein <br />contained shall bind, and the rights hemundeP shall inure to. the respective s 'ssors-and. ass -ts of Lender and Borrower. <br />- subject to the provisions of paragraph 1 i hereof. .All covenants and agents~crf' Borrower all be joint and several. <br />The captions and headings of the paragraphs of this Mortgage arc f cotrvemence onlytn arc not to be used to <br />interpret or define the provisions hereof. - <br />14. Notice. Except for any nonce required under applicable I•tw ~d~be ghyen~q„aRotheT manner, ta; any notice to <br />Borrower provided fur in this Mortgage shall be given by mailing mch._pctiC by certified mail4tt~iresscd m Burrower at <br />the Propetw Addres, or at atc}t other atidres- as Borrower may desiett~te 6p• notice t6 T_emier ~s provided herein. and <br />(h) stn' notice to Lender ;hall h' given he rtificd mail. rcntm r ceipt r~tm~tteth-to I endet'e ad~ress stated herein or to <br />such other address as Lender may designate hp notice to Burro+ver as pravid~c( herein:-';4pt`ltl~ticC nrovided for in this <br />btortgage shall he deemed to have been given to Borrower or Lender +when ti ^in-,tht~rta designated herein. <br />15. L;niform iV'.ott ~ gam''- s r • <br />gage: Governing Law; SeverabiBtt. This form of mcrtgageR'crsdtiA~ umtorm cavenant_ .cr national <br />use and nun-uniform covenants with limited variations r;y jurisdiction to constitute a uniform security instrument covering <br />real propcrn•. 'This Mortgage sh:dl he eoverned by the law of the jurisdiction in which the Property is located. In the <br />event chat any provision or clause of this !Mortgage or the Ncie coniticts with applicable law, such eonilic[ shall not affect <br />other provisions of this Mortgage or the Nate which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Nnte are declared to he severable. <br />16. Borrower's Copv. Borrrnver shall be (urnishod n conformed copy ot` the Note and of this Mortg;~e ;u [he time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If alt or one port of the Property or an interest therein is scid nr transferred <br />by Borrower without Lender's prior written consent, excluding sal the creation of a lien or uncumhrmce xihorcfin:ae to <br />this Mortgage. (hl the creation of a purchase money security interest for household appliances. ?cl a transfer h}• devise. <br />descent or by operation of law upon the death nt a joint tenant or <br />Lender may, at lender's option, declare all the cams senued Ly [his Mortgage to be <br />immediately due ;tad payable. I_endor :hall have waived such option rn accelerate if. prior ~n the ,uric. or transfer. Lender <br />anti the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of ±urh person <br />. is satisfacton~ to Lender and that the interest payable on the coon secured by this Mortgage shall t+e at such raw .,, Lender <br />shall request- If Lender has waived the option to accelerue provided in this paragmph 17 and if Bornnvm ~: suaessor in <br />interest has executed a written assumption agreement accepted in +eriting by Lender. Lender chaff release Borrower from ail <br />obligations tinder this Mortgage and the Note. <br />(f Lender eyercises such option to aceeternte. Lender <hall mail Borrower notice of nccelcraann in accordance kith <br />paragraph !-i hereof. Such nouee ,hail provide a period cf not less than 30 does Irnm the date the nosier. is mailed within <br />which Borrower may pay the sums declared due. ff Borroa,:r toile m p;ry nieh onus prier to the cxpir:ction „f ,uch p:•!!od. <br />Lender may, without further nonce or demand nn Borrower, nn•oke any remc•dics permitted hr paragraph YS hereof. <br />NoN-UNIFORM C'ovcnnnrs. Borrower :cod 1_ender further ccvenant ;cod agree :u inlio+es: <br />Ifl. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any cocenmri or <br />agreement of Burrower in this Mangage, including the envenants to pay when due any sums secured by this 19orlgage, <br />Lender prior to acceleration shall mail notice to Burrower as provided in paragraph Id hereof specifying: tl) the breach; <br />(2) the action required to cure sucfi breach; t3! a date, not less than 30 days from the dote the notice is ntuiled In Borrower, <br />by which such breach must be cured; and (41 that failure to a•ure such breach on ur before the date specified in the notice <br />tnay result in acceleration of the sums secured by this Mortgage, Foreclovtre by judicial proceeding and sate of the Property. <br />"€he notice shall further inform 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 hreneh <br />is oat curet) on or tieiore the date specified in the notice, Lender at Lender's option may declare all of the sums secured br <br />this Mnrtgagc to he immediately due and payable without further demuud and map foreclose br judicial proceeding. Lender <br />shall be entitled to collect in such proceeding all expenses of forechnnre, including, but not )trolled to, costs of documentary <br />evidence, abstracts at•.d title reports. <br />l9, Borrower's Righf to Reinstate. Notwithstanding Lender's accclcratian of the sums secured by thie Mortgage, <br />Borrower shall have the right to have any proceedings begun by Lender to enforce this Mcrtgaee discontinued at an7 ume <br />