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`~ - ~Q°' Ut~4178 <br />Lender i w•riticn agrcemrnt ar applicable law. Bnr:awer shall pay the amot:nt of aB mortgage insurance premiums in the . <br />manner provided under oaragraah 2 hereof. - <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become add"etional <br />indebtedness of Borrower xcured by [his Morgage. t7niess Borrower and i.ettder agree to other terms of payrttsnt, stxh <br />amounts shaft be payable upon notice from Lender to Batmwer requesting payment thereof, and shat! bear intere~ fmm the <br />date of disbursement at the rate payable from time to time on outstanding principal under ifit Note artless payment of <br />interest aE stxh rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest ratt - - <br />permissibie under applicable law. Nothing contained in this paragraph 7 shall require [.ender to incur eery exptme or tact <br />any action hereunder. <br />8. {rsapectlon. Isnder may make or cauu to be made reasonable entries upon and inspections of the Property. provided <br />that lender shall give Borrower notice prior to any such inspection specifying reasonable caeca therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages. dirtct or conxquential, in eenrrection with any <br />condemnation nr a;hcr taking of the Propercy, or patt thermf, or for conveyance in lieu of condemnation; are hereby assigned. <br />and snail be paid to Lender. <br />in the event of a total taking of the Property, the proceeds shat( be applied to the sums secured by this Mattgage. <br />with the excess, if any, paid to Borrower In the evrnt of a partial taking of the Property, unless Borrower and l:.ender - <br />otherwiu agree in writing, there shall be applied to the sums uwred by this Mortgage such proportion of- [he proceeds-- <br />as is equal to that proportion which the amount of the sums secured by this bfortgage immetifateiy~prior to the'date of- <br />taking bears to the fair market value of the Property immediately prinr to the dale of taking,-with the balance of the ptaceeds <br />paid to Borrower. <br />Tf the Property is abandoned by Borrower. or if, after notice by Lender in Borrower that the condemnor oRets m-maTta <br />an award a: settle a claim far damages, Harrower fails to resp.and to Lender within 3B days after the-date such, ttetiex is.-- - <br />mailed. Lender is authorized to collect and apply theproceeds, at Lender's option, either to restoration or-repair of the ~ `~., j <br />Property ar to the sums secured by this Mortgage. <br />Unless Lender and Aorrower otherwise agree in writing, any such application of orocceds to principal shall not exlrnd <br />or postporr the due date rf Ihr monthly installments rcEerred to in paragraphs I and ?hereof or change the amount of ~~~' <br />' such installments. <br />10. Borrower Not Released. Extension of the time for payment ar modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower snail not operate fo releau, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shaA mot be required to commence '. ill <br />' proceedings against such successor or refuse to extend time for payment. ar otherwise modify amortization of the sums „ I <br />secured by this Mortgage by reason of any demand made by the original 8nrrower and Borrower's successors in. interest. ' <br />IT. Forbearance by '..ender Nat a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />etheru•ise afforded 6y applicable law, shall not be a waiver of or preclude the exercise cf any such right or remedy. <br />The procurement of insurance or the payment of tares ar other liens or charges by i,ender shall not ere a waiver of Lender's <br />right m accelerate the maturity of the indebtedness secured t+y this Mortgage. <br />12. Remedies Cumulative. All remedies provided in Chic Mortgage me riistinct and cumulative in any other right or <br />remedy under this Tfortgage or afforded by law• or equity, and mar be exrriscd concurrently, independently or successively. <br />l3. Successors and Assigns Bound; .loin! and Sereral T.iability: 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 77 hereof. All caven:mts and agrcements of Aorrower shall be joint and several. <br />The captions and headings of the paragraphs of [his Mortgage ~ nvcnience only and are no[ to tee used to <br />interpret or define the provisions hereof. ~ -- ~:p+g <br />14. Noticr. Except for any notice required under appy' et law.`ta 6c' gixet~,,in another manner, (a) any nmice to <br />Aorrower provided far in this Mortgage shall be given by m irrg stii:h~~it~f~tc•b~c6tified mail addressed in Borrower at <br />the Property Address or a2 such other au'dress as Anrmwcgfrrray dcc,g~ale ha'itaF$sll In [.ender as provided herein, and <br />(h) any native m Lender shalt be given by certified main r ,rn recvivp;-"tff}]'>nstedL E~ fienrizr's address stated herein or to <br />such other address as Lender may dcsienate by notice to >rnw.~er ttat!1t{td berg. Arrv notice provided for in this <br />Mortgage shall be deemed to have been given ro P,nrrnwer i~.endtr whci$~iven~i manner designated herein. <br />I5. Unifoexn Mortgage; Governing E.aw; Srverability. ,iti icxrh°nf mart CJke o mes uniform revenants far national <br />use and nonuniform covenants with limited variations by jun. a•4ycin to Constf;utet~ uniform security instrument covering <br />real property. 'iltis Mortgage shall be governed by the law a jnriw'.ie(i'M,r6'~which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note uinRity}s,~plicahle law, such conflict shall not affect <br />other previsions of this Afortgage or the Note which can be given riTect wiihnut the conflicting provision, and to This <br />cud the provisions of the Mortgage and the Note arc declared to he severable. <br />16. 9orrower's Copy. Borrower shall be furnished a cenformCd copy of the Nate :nut of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. 1f all or env part of Ore Prcq+crn• nr an m(crest therein is >edd ar transferred <br />by jorrower without Lender's prior written Consent, excluding (al the creation of alien nr encumbrance subordinate to <br />this Mortgage, fb) the creation of a purchase money security interest (or hnuxhnid appliances. {c7 a transfer h}' devise. <br />descent nr b}• operation of law upon the death of a joint tenant nr <br />Lender may. at Lender's option, tiecl:uc ::II the sums crc;:red L+y this A7or[gage to be <br />immediately due and payable. Lender shall have waived such option m accelerate if. prinr m dte role or transfer. lender <br />:md the person to whom the Property is to be sold nr transferred ;each agrecmem in wnfing that the credit of such person <br />is satisfactory to Lender and that the interest payable nn the toms xcwed by ibis ~9ongnge shall be at such rate :u Lender <br />shall request. If Lender has waived the option to accNcrne pnn•ideJ in this paragraph I7. and if liarrawcr•s successor in <br />Interest has executed a wntien assumption agreement accepted in +ariting by Lender, Lcndcr chap release borrower from all <br />obligations under this Mortgage and the Note. <br />]f Lender cxercies such option to accelerate, Lcndcr sh;dl mail }iarn+u cr notice of ar:ekratien in accordance ~•vith <br />paragraph !4 bocce(. Such notice chap provide a period of not less than 30 d:nc from the date the notice is nwiled within <br />which Borrower may paY the aims declared due. Ii Aarrnuer tails to p:n' sorb wms print «. the Cspiration of suri~ pcrad, <br />Lender ma4', without further notice or demand on 13ormu-c r. mcoAC :ut9 rcmediCS pernnucd by paragraph 1 S tierce!. <br />Nov-UN4FORM Covsrver: rs. Borrower and Lender further covenant :urd agree :ts lullaws: <br />Ig. Acceleralfon; Remedies. Except as provided in paragraph 17 home!, upon Borrower's bnaa•h of racy covenant or <br />agreement of Burrower in this M1tortguge, inc}uding the c +enants fn pay when due any s red by this Mortgage, <br />Lender prior to acceleration shall mail notice fu Borrower as pnrvided in paragraph I4 hereof specifying: fl) the brooch; <br />{2l the action required to rare such breach; t3) a date, not lees than 1(i days frcuu fhe date the notice is moiled to Barrowrq <br />by which sorb breach must be cured; and WI that faBtue to cure such breach on or before the date specified in the notice <br />may result in acceleration of Ihr sums secured by this 91orlgage, foreclosure by judicial pmeerding turd sal' of the Property. <br />'Ihe notfee shall further infamy Borrower of the right to reinstate after a«~elrralion and Ihr right to :hscrt in the foreclosure <br />orocerding the nun-existence of a default or any ulfirr defense of Borrower to acceleration and foreclosure. If Ihr brrnch <br />is not curtd on or before the date specified in the notice. Lcndcr at Lenders option may declare all nF Ihr wms secure) try <br />ihh Mortgage to br immediatNy due and payable without further demand and may Forerlosr b}' judicial proceeding. Lender <br />shall be enlAled to caBra in such proceeding a71 expenses of fnreclusure, including, but not limited to, costs of documentary <br />evidcncr, abstraris and title rr}xrHS. <br />;9. Borrower's Right io Reinstate. Notwhhstanding Lenders a clertfion ,,f the sums secured by this MorigagC. <br />Ilurtuwer shall have the 'lent to have any proceedings begun by Lenderto+ ci.Porce thin Mortgage discmdinucd at any un:e <br />