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~4-- u04543 <br />Lender s written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner p?ovided under paragraph 2 hereof. <br />Any amounts disbursed by Leader pursuant to this paragraph 7, with interest [hereon, shall become additional <br />indebtedness o£ Borrower secured by this Mortgage. Unless Borrower and I.er.~er agree to other tercets of paycnem, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall hear interest from tht <br />date of disbursement ax the rate payable from time to time on outstanding principal urtder the Note unle~ payment of <br />interest at such rate would be contrary to applicable law,.in which event such amounts shall Ixar interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall requite Lender to incur any espenae or take <br />any action fiereunder. <br />8. Ittapectiaa. Lender may make or cause to be made reasonable entries upon and inspections of the Proper'y, 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. Coademnarian. 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 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 excess. if any, paid to Borrower. 1n 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 the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Properly immediately prior to the date of taking. with the balance of the proceeds <br />paid to Borrower <br />7f the Property is abandoned by Borrower, or if, after notice by i.ender fn Bortower 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 notitt is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's opton, either to restoration or repair of the <br />Property or to the sums secured by this Dlort¢age. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />o: postpone the due date cf the monthly installments retorted to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />70. Borrower Not Released. Extension of the time for payment or modiftcation 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 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 Mortgage by reason of any demand made by the original Borrower and Aorrower's successors in interest. <br />li. Forbearance by Ixnder Not a Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be 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 liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may he exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability; Capdons. The covenants and agreements herein <br />cenlaiaed shall hind, and the rights hereunder shalt inure to, the respective successors aad assigns of Lender and Aorrower. <br />subject to the provisions of paragraph 17 hereof All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage ace for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />14. Notke. Except for any notice required under applicable law to be given in another manner, ta) any notice to <br />Borrower provided fa; i ; ,his ;<:artgage shall he given Fry mailing such r:ntice F;y certified mail :addressed to Bc:rrewer at <br />the Property- Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b? a.^.y aeries to L ender =.haii i±e given by certined mail. return r^ceipt rYquested, to i.cnder's address staled it€rein or io <br />reel other address as Lender may desienatc by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shad be deemed m have been given to Borrower or Lender when given in [he manner designated herein. <br />15. Uniform Mortgage; Governing i,aw; Severa611ity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to censtittrte a uniform secunty instrument covering <br />real property. This Mortgage shall he governed by the law of the jurisdiction in which the Properly ie located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />other previsions of this Mortgage or the Noe which can he given effect without the conflicting prevision, and to this <br />end the provisions of the Mortgage and the Note are declared to he save; able. <br />16. Borrower's Copy. 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 />17. Tratrsfer of the Property; Acsumplion. If all or any part of the Property or an interest therein is sold or trsnsferrcJ <br />by Bormwer without Lender's ~.°ior written consent, excluding (ai the creation of a lien or encumbrance subarJinate to <br />this Mortgage. (bj the creation of a purchase money security interest for household appliances, (c) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant or (Ji the grant of soy leasehold inerest of three years er less <br />not amtaining un option to purchase, Lender may, at Lender's option, declare all the sums secured by this hfongage to he <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer IxnJer <br />and the person to whom the Property is to be soW or transferred reach agreement in writing that the credit of such person <br />is eatis(acwry ki Leniler and that the interest payable on the sums secured by this Mortgage shall he at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph i7, and if Borrower's successor in <br />interest has executed a warren assumption ag, cement accepted in writing by Lender. Lender shall release Borrower From :dl <br />obligations under this Mortgage and the Note. <br />If Lender exercises such entior. to aLC[Itrate. LcIrJCr shag mail Bnn~ower notice of acceleration in necordancr with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 Jays from the date the notice is nwi;eJ within <br />which Harrower may pay the sums declared dec. If Borrower (ails la pay such sums prior to the rxpiratiot: of ~.u•_h per~erd. <br />Lender may, witixiut furtfier notice nr demand on Borrower, invoke any remedies permitteJ by paragraph 18 hereof. <br />Nor+-UNrr-oant CovvrJer+rs. Borrower anil Lender further covenant and agree as follows: <br />Ig. Acceketnioa; Remedies. F]tcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower fu th6 Mortgage, incinding the covenants to pay when due any surus secured by this Mortgagt, <br />Lender prior to aceekredioa shag maB notce to Burrower r>ti provided in paragraph 14 hereof specifying: (q the breach; <br />{2) the action rega#rsd W ears such breach; (3) a date, mt less than 30 days from the dale the notke ix mailed to Borrower, <br />by which each breach must be cured; aad (4) that failure to cure such breach no or before the date specified in the notke <br />may rewlt is accderatioa of the sums secured by this Mortgage, foreclosnre by judicial proceedntg and sale of the Property. <br />Tha twtlcs shag further inform Borrower of the right to reinstate after aceskratiun and the right to asset[ in the foreclosure <br />proceeding the nos-esistnus of a default or any other defsuse of Borrower to acceleration and foredwure. If the breach <br />is not cured au ar hofore the date epeci0sd io the notice, lender at Lender's option may declare aB of the soots secured by <br />this Mortgage fu ba immediately due artd peyaDle without further demand and may foreclrrss by judcial proceeding. Lender <br />ahali be eaUtkd to roBecl in such proceeding all expenses of foreclosure, iactndittg, but not limited to, costs of documrutary <br />evidence, abstracts aad this rrpurb. <br />19. a..~ ra m~a g~ X69 to R;i:o af_. Notwithstanding Leader's aciclerauun eC thY sums secured by this Mortgage. <br />..:.rr4`wCr shalF i:al'e tF.Y, vigil! to ht:ve anY proe tidings begun by I.cnder to c-^Cnrce. this Mortgage JiscontinueJ at any time <br />