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Lender's written a ement or applicable law_ Borrower ;halt pay the amount of alt mortgage insurance gremiums in the <br />manner provided under pazagraph Z hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon. shall become additional <br />indebtedness of Borrower secured by chi; Mortgage. finless Borrower znd Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Leader to Borrower requesting payment thereof. and shall bear interest from the <br />daze of disbursement at the rate payable from rime to time on outstanding principal under the Note unless- paymrnt of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in tfiis paragraph 7 shall require Lender to incur any expense of take <br />nay action hereunder. <br />8. Lrapec[ioa Linder may make or cause to be made reasonable entries noon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specirying reasonable cause therefor related to Leader'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 par[ thereof. or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the went of a total taking of the Propem. the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess. i[ 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 proportion of the proceeds <br />as is equal to that proportion which the amount of [he sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />pai3 [o 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 Linder 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 />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 [he due date of the monthly installments referred to in paragraphs t and 3 hereof or change the amount of <br />such installments. <br />10. Borsower Vol Released. Extension of the time for payment oe modification of amortization of the sums secured <br />by this Mortgage granted by Lender to anv successor in interest of Borrower shalt not operate to release. in any manner. <br />the Iiabiliry of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this ortgage by reason >.f any demand made by the original Borrower and Borrower's successoa in interest. <br />""11. Forbearance by Lender Not s R'aiver. Any-"forbearariee-b~af;derifi;zxercising any right or remedy hereunder, or <br />ot~erwise afforded by applicable laws shall not-be•-a~ vi0ider bf`kror pred~de the exeretse of any such ri girt or remedy. <br />Tfie procurement of insurance or the payment ofgtaxestbt~,othec-liens or~tiiarges by Linder shall not be a waiver of Lender`s <br />rig'itt to accelerate the maturity of the jttdethedgess~ seiinretk=by tbi3f,Mortgage. <br />:...i2...Remedies Cumulative. Ali-~temedies,pmvide~;jn BajS 4fotegaV~e[arb distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded bylaw or equi~"0:`atid`iha}' 6e exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound: Joint and Several i.iability; Captions. The covenants and a¢reemeots herein <br />contained shall bind. and the ri¢hts hereunder shall inure to, the respective successors and assigns of Lender and Borrower. <br />subject ro the provisions of paragraph I? hereof. All wvenants and agreements of Borrower shall be join[ and several. <br />The captions and headin¢s of the pazagraphs of this Mert¢age are for convenience only and are not to be used to <br />interpret or define [he provisions hereof. <br />13. Vance. Except for any notice re.uired under applicable law io be given in another manaer..a) any notice ro <br />8otrow~er provided for in this Mortgage shall be ,•iven by mailing such notice by certified mail addressed to Borrower at <br />the Property address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lander shall be given by fortified mail. return receipt ,requested, to Lender'; address stated herein ar to <br />such other address as Lander may designate by notice to Harrower as provided herein. Any notice provided ter in this <br />Mortgage ;hall be deemed m have been ¢iven m Borrower or Lender when given in the manner designated herein. <br />is- IIniform itartgage; Governing Law: Severabilih. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited vanations by jurisdiction m conatiune a uniform security instrument covering <br />real property. This Mortgage shall be governed by the law of the i,urisdiction in which the Properly is located. fn :he <br />event that am' provision er clause of this Mortgage or the Vote conflicts with applicable law, such conflict shall nut affect <br />other provisions of this Mortgage or the Vote which can 6e given eh"ect without the rontticting prevision. and [o this <br />end the provisions of the Mortgage and the Vote are declared to he severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the No[e and of :his ~lottgnge 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 or an interest therein is sold or tr~usferred <br />by Borrower without Lender's prior wrrten consent, excluding !a) the creation of a lien or encumbrance subordinate to <br />[his Mortgage. (h) [he .reation of a purchase money security interest ,tor household appliances, ;c) a ransfer by devise. <br />descent or by operation of '.aw upon the death of a join[ tenant or (d) the grant of any leasehold interest of three }'ears or less <br />not containing sn option to purchase. Lender may, az Lender's option, declare all the sums secured by this Mortgage *.e he <br />immediately due :md payable. i-ender shall have waived such option to accelerate it. prior to the sale or transfer. Linder <br />and the person to whom the Propem}' is to be sold or transferred reach agreement in venting that the credit of such person <br />is satisfactory to Linder and that the interest payable on the sums secured by this Mortgage shall he at such rate as [_ender <br />shall reyuest. If Lender has wavved the option to acwlerare provided in this paragraph l?, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lander. Lander shall release Bomewer from all <br />obligations under this 'Mortgage and the Vole. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph i1 hoop i. Such notice shall provide a period of not less than 30 days from the date the notice is mailed wi[hm <br />which Burrower may pay the sums declared due. ]l Borrower fails 'a pay such sums prier !o the expiration of ;uch per.od. <br />Linder may, without lumber notice or demand on Borrower, irrvoke any remedies permitted b}' paragraph IS hereof. <br />Vow-lutPORnt Covsvsn'rs. Borrower.md Lender tstr[her covenant and agree as follows-: <br />I8. Acceleration; Remedies. Except as provided in paragraph i' hereof, upon Borrower's breach of any cnvenmu or <br />agreement n( Borrower in this `ton¢a¢e, inchrding the covenants in pay when due anc sums secured by this ?iomga¢e, <br />Lender prior to acceleration shall mail notice to Borrower as prncided in paragraph t4 hereof specifying: I11 the breach: <br />f1) the action required to cure such breach; 13) a date, not less than 30 days from the date the notice is mailed to Borrower. <br />by which such breach must be cured; and (J) that failure to cure such breach tin or before the date specified in the notice <br />may result in acceleration of the cams secured by this ~Lrrtga¢e, foreclosure by judicial proceeding sad sale of the Property. <br />'The notice shall futther inform Borrower of the right m reinstate after acceleration and the right tr> assert in [he foreclosure <br />proceeding the two-existence of a default or tiny other defense of 8orrvt.ver to acceleration and foreclosure. if the breach <br />is not cured on or before the dote specified in the notice, Lender at Lender's option mar declare all of the sums secured by <br />this Ylottgage to be immediately due and payable witho.rt Further demand and mar foreclose he judicial proceeding. Lender <br />shalt be entitled to collect in such proceeding all expenses of forechtsnre. including, but no[ limited to, costs of documentan~ <br />evidence, abstracts and title reports. <br />19. Borrower's Right to Reinstate. Votwithstanding tender's accaierauon of ;he zunu ,ecured by this .\tarteaee. <br />Borrower ;hall have the right :e have any acxeedings begun by Lends to enforce this >lo^gage Discontinued at 1n}' ame <br />