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$0-- ~3 ~) ~~ ~ 3 7 <br />Lender's written agreement or applicable law. Bortower shall pay the amoum of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with ;merest thereon. shall become additiotrat <br />indebtedness of Borrower secured by ibis Mortgage. UNess Borrower and Lender agrce to other terms of paymem, stxh <br />amounts steal! be payable upon notice from Lender to Borrower requesting payment thereof. and shag bear inwreu from the <br />date of disbursement at the rate payabie from time to time on outstanding principal under the Note unless paytnesit of - <br />interest at such rate would be contrary to applicable law, in which event such amounts shag 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. Inspecfion. Lender may make or cause 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 cause therefor related to Lendtx's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for dama¢es, direct or consequential, in connection with any <br />condemnation or other taking of the Propene, or pan 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 shall be applied to the sums secured by this Mortgage. <br />with the excess, if an}'. paid to Borrower. In the event of a partial taking of the Propem•, unless Harrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mongage 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 />~takina bears to the fair market value of the Property immediately prior ro ;he 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 he Lender to Harrower that the cc ndemnor offers t~ mx4e <br />an award or settle a claim for damages. Bortower 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 tinder i option. either to restoration or repair of the <br />Property or to the sums secured b7 this Mortgage. - <br />Unless Lender and Borrower otherwise agree in writing. an7 such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs ?and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment nr modification of amortization of the sums secured <br />by this Morteage granted by Lender to an_v successor in interest of Aorrower shalt not operate to release, in any manner, <br />the liability of the orieinal Borrower and Borrower's successors in imerest. Linder shall not be required to commence <br />proceedings against such successor or refuse to extend time for pa}'ment or otherwise modify amortization of the sums <br />secured by this Mort¢age by reason of any demand made by the orieinal Borrower and Borrowers successors in interest. <br />71. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising an7 right or remedy hereunder, or <br />etherw~ise 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 ether liens or charges hg Lender shall not he a waiver of Lenders <br />right to accelerate the maturity of the indebtedness secured M' this Mongage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy tinder this Mortgage or afforded by taw or equity. and may he exercised concuranth'. independently or successively. <br />13. Successors and Assigns Bound: Joint and Several Liabiiityp Captions. The covenants and agreements herein <br />contained shall bind..and the rights hereunder shall inure te. the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph ? hereof. All rnvrnants and aereements of Borrower shalt be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />~~. Notice. Except for am' notice requirzd under applicable taw to be given in another manner. ial any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such orrice by certified mail addressed to Borco:ver at <br />the Property Address yr at such other address as Borrower ma} designate by nrnicr tv Lender as provided herein. and <br />(bj any notice to Lender shall be given h}• certified math return rtceipt requested. to Lender's addr-ss stated herein or to <br />snort other address as Lender may designate by notice to Borro:er as provided herein. Any notice provided for in this <br />Mongage steal! 'r,^, deemed to have been given to Borrou•cr cr Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law: 5everabFlifv. This form of mottgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by junsdiuion to constitute a uniform security instrumem mooring <br />real property. This Mortgage shall 6e governed by the law of the jurisdiction in which the Property is located. In the <br />event that an}' provision or clause of this Mongage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage yr the Notr which can be given effect without the conflicting provision and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrower's Cop}'. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />Ii. Transfer of the Property; Assumption. I( all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding tai the creation of a lien or encumbrance sut+ordinate to <br />this Dfortgage, (b) the creation of a purchase money security interest for household appli:mces. (c) a transfer by devise. <br />descent or by operation of !aw upon the death of a joint tenant or ld) the gram of nnv Icaschold interst of three years or kss <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately' due and payable. Lender shall have waived such option to accelerate i(, prior to the °~le or transfer Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in carting that the credit of such person <br />is satisfactory to Lender and that ,§r interest payable on the sums secured by this Mortgage shat! he 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 sucttssor in <br />interest bas executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph la hereof. Suer notice shall provide a period of not less than 30 days Irom the date the notice is mailed within <br />which Borrower may pay the sums deciartd due. I[ Borrower fads io pay such xums prior to the expiration of such period. <br />Lender may, without further notice or demand nn Borrower, imwke any remedies permitted Ly paragraph t S hereof. <br />Nov-UNtroaxt Coven.+trrs. Borrower and Lender further covenant and agree as follows: <br />I8. Acceleration; Remedies. Except as provided in paragraph l7 hereof, upon Borrower's breach of an}~ covenant or <br />agreement of Borrower in this Ntortgage, including the covenants to pa} when due amp sums secured by this Mortgage, <br />Lender prive to acceleration shall mail notice fo Borrower as provided in paragraph t4 herevi specifying: (1) the breach; <br />;2) the action required fo cure such breech; (3) a date, not less than 30 days frmn the date the notice is incited to Aorrower, <br />by which such breach must be cured; and (i) that failure to cure such breach nn or before the date specified in the notice <br />may result ht acceleration of the sums secured by this Mortgage, foreclostve by judicial proceeding and sale of the Yropertc. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in Ihr foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower to acceleration and foredosure, if the breech <br />is not cured on or before the date specified in the notice, L.cnder at Lender's option mar deJure all of the sums secured by <br />This Mortgage to be immediately due and payabie without further demand and ma} foreclose by judicial proceeding. Lendrr <br />sha1F be entitled fv coBeet in sucFr proceeding nit expenses of foreclosure, including, but not limited to, costs of documentan <br />eridencr, abstracts and fide reports. <br />19. Borrower's Right to Reinstate. Notwithstanding L,ender's acceleraton of she sump. s cured h} this Mortgage <br />Borrower shall have the right to hove any proceedings begun M' Lender io enforce thn Morcacc~.iuaxninued ~t ant nm~ <br />