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sa-.,,,-,,,~. <br />Lender's writter. agreement or applicable taw. Borrower shall pay the amount of all mortgage insurance premiums in tht <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Linder agree to other terms of payment, such <br />anuunts shad be payablr upon notice from Linder to Borrower requesting payment thtteof. and shag bear interest from the <br />daft of dishursement 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, iri which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Tender to incur any expense or take <br />any action hereunder. <br />B. Iespect€on. 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 *o Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connsetion 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 shall be applied to the sums secured by this Mortgage. <br />with the excel. if 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 ro that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking beers io the fzir market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />,.aid ••• Bo*~aat.. - <br />If the Property s abandoned by Borrower, or if, abet 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 Lender within 30 days after the date such notice is <br />malted. Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property nr to the sums secured 6y this Mortgage. <br />Unless Lcrder and Borrower otherwise agree in writing, any such application of proceeds to principal shall oat extend <br />or postpone the dos date of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of <br />such installments. <br />i0. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />6y this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate ro release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. i.ender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise madifv amortization of the sums <br />secured h7 this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />il. i:orbearance by Lender Nat a Waiver. Any forbearance h}• Lender in esercicing any right nr remedy hereunder, or <br />otherwise afforded by applicable taw, shall not he a waiter of or preclude the exercise of am• such right or remedy. <br />The procurement of insurance or the payment of taxes nr other liens or charges by 1-ender chap not tx a waiver of [-ender's <br />rgh[ to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. Ail remedies provided in this Mortgage arc distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity. and may be exercised concurrently, independenfh• nr successively. <br />I3. Successors and Assvgss Bound; Joint and Stvrral Liability; Captlons. The covenants and agreements herein <br />contained shall hind, and r,e rights itercundersfiall inure tn, the respective sviceessare and assigns a# Lender and Borrower. <br />subject to the provisions of paragraph I7 hereof. .417 covenants and agreements of Borrower shall he join and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience onk and arc not to he used to <br />intcrpPei iir r:eflne the proViSlonS licreaf. <br />1~. Nate. Except far env notice required under applicable Imv to he given in another manner, !al am notice to <br />Harower provided far [„ phis 3iortgagt shalt Le given by plaiting such ~totice by c^.rtined mail addressed to Borrcwcr ai <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(bi arv notice to Lender shalt be giver. by certified mail, return receipt requested, to Leaders address sated herein rr sa <br />su~?t ether address zs (.ender may designate by notice to Horrower as provided herein. :try notice provided for in this <br />Mortgage shalt he deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />S5. Uniform Mortgage; Governing I,aw; Severabllity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform securny inslrumem covering <br />real property. This Mortgage shall be governed h}• the law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not aRect <br />other provisions of this Mottgage or the Note which can he given effect without the contlic[ing provision and m this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be tarnished a conformed copy of the Nate and of this Mottgage at the time <br />of execution nr 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 transferred <br />by Borrower without [xnder's prior written consent excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mongage. rb) the creation of a purchase money security interest for household appliances, (cl a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or Id) the gram of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare ¢II the sums secured by this Mortgage to he <br />immediately due and payable. [-ender shalt have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to wham ttte Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured 6y this Mortgage shall be at such rate as Lender <br />shall request. if [-cadet has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from alt <br />obligations under this Mortgage and the Not.. <br />_. -;der exarci.es nit;:, option is ar..;;e€e; ate, Lcndt:r shat( tnaif Borrower notice of acce[eratian in accordance with <br />pa:agraph 14 hertaf. Such notice sha8 provide a period nE oat less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower tails io pay such sums prior to the expimtinn of each ptritnl, <br />Lander may, without further notice or demand on Harrower, invoke any remedies permitted by paragraph 18 hrrcuf. <br />Nod-UMFORM CovadedTS. Borrower and Lender further covenant and agree as follows: <br />I8. Attehration; Remedies. Except ns provided in paragraph 17 hereof, upon Borrower's breach of eny corananl ar <br />agracotant o€ Basrowee €n Ehfs M1iarr{;age, ittclwBtig the covenoMa to pay when doe 9aY soma secured by this M1tartgtrRe, <br />Leader prrior to acc2Carat€oa siudE nta€€ uotiee to Baerower as provided is psragrapfi 14 hereof spec€fy[uY.~ ([[ the breach; <br />(2) the action required to curs such breach; (3) a date, no[ less than 30 days Crom the date the notice is mailed to Borrower, <br />6y which such breach must 6e cured; and (4) that failure to cure such breach on or before the date specified in Me notice <br />rosy rtau6 in acceleration of the Bunn secured by this Mortgage, forcelosurc by jadic€s1 proceedntg and sots of the Property. <br />7~a notice shah feather inform Borrower of the r€Hhf to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the nomuxistencs of a default or any other defense of Borrower to acceleration sad foreclosure. U the breach <br />[s nob cures[ on or before the date specified is the notice, Leader at Le~er'S option may declare all of the soma secured by <br />ehv .M.t:~~ ®a to ~ €mmed:~+~!y due and pay~h!e without further demand and may fareclase by jud€cial oroceediag. Lender <br />sba6 he snt~led 4o coBect in such procsedtttg all expensss of foreelasnre, includtvg, but not limited to, costs of documeolary <br />erldeaee, abstracts sad title reports. <br />13. 7'sarrawefs R~et to Rzir sate. Notwithstanding 1_endtr's acceleration of the sums secured cy this Morigegc. <br />Borrower shall have the right to have any proceedings begun by Lender ro enforce this Mortgage discontinued at any time <br />