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~~._ €~t~4580 , <br />Leader's written agrsemeat or applicable law. Borrower shall pay the amoutrt 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 interest thereon. shall become additionat <br />indebtedness of Borrower secured by this Mortgage. Unless Borzower and Lender agree to other terms of paymem, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear interest from [he <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless paymeat 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 taw. Nothing contained in this paragraph 7 shall require Lender to incur any expsrose or take <br />any action hereunder. <br />8. inspection. 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 reasonabte cause therefor related to Lender's <br />interest in the Properly. <br />9. Condemnation- The proceeds of any award or claim for damages, direct or consequential. in connection with any <br />condemnation or other caking of the Propem, or part thereof, or for conveyantt in lieu of condemnation, are hereby assig[ted <br />and shalt 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. In the event of a partial taking of the Property, unless Borrower and Leoder <br />otherwise agree in writing, there shall be spotted 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 Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to $orrowcr. <br />If the Property is abandoned by Borrower, or if, after notice 6y Lender to Borrower that the condemnor offers to makt <br />an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such note 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 Morcgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to_principal shall no[ extend <br />or postpone the due date of the monthly installmenu referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification 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 [o 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 Borrowers successors in interest. <br />Il. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise- afforded-bv appkcablo 'aw. shall no[ be a waiver of or preclude the exercise of any such right or remedy. <br />The ~[urement af`insurance'or-the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accek~tate'ihe roatttrity of the indebtedness secured by this \irtgage. <br />='l~xt iilrexdies-C'[i[itulat[ve..411 remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity, and may be exercised concurrently, independentty or successively. <br />13. Successors and Assigns Bound; Joint and Several LiabUity; Captioru. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, tfie respective successors and assigns of Lender and Borrower, <br />subject to the provisions of pazagraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />Tna captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />inrernret or define the provisions hereof. <br />14. ~iotice. Except for any notice r:ye:rc•1 under applicable law to be given in another manner, (a) arty. notice to <br />Borzower provided for in [his Mortgage shall he give- b. mailing such notice by certified mail addressed to Bortower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />4b) any notice to Lender shall be given by certified mail. return receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall be deemed ro have been given to Borrower or Lender when given in the manner designated herein, <br />15. Uniform Mortgage; Governing Law; Severebiifty. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />teal property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. to the <br />event that any provision ur clause of this Morcgage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mongage or the Note which can be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the Vote are declared to 6e severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy o[ the Vote and or this 4lortgage at the time <br />of execution or after recordation hereof. <br />19. Transfer of the Property; Assumption. If all or any par[ of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding tai tbe creation of alien or encumbrance subordinate to <br />this Mortgage, tb) the creation of a purchase money security interest for household appliances, tti a transfer by devise, <br />descent or by operation of law upon me death of a ioim tenant or .dl the grant of any icasehold interest of three pears or tens <br />not containing an option to purchase, Lender may, at lender's opton. declare alt the sums secured by this Mortgage to be <br />immediately due and payable. Lendar shall have waived such option to accelerate if. prior to the sale or transter. Lender <br />and the person to whom the Property is to be soW or tnrsierred reach agreement in wrung ;hat the credit of such person <br />is satisfactory to Lander and that the intorest oayuble on [he sums secured by this Mortgage ,hall be at such rate as Lender <br />shalt request. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Leander. Lender shsll release Borrower from sit <br />obligations under this Mongage and the Vole. <br />If Lender exercises such option to accelerate, Lender shall mart Borrower notice of acceleration in accordance with <br />paragraph is heeeaf. Such nonce ,hail provide a paned of not le-ss than ~G lots from tFie date the antic-e is mailed within <br />which Borrower may pay the sums declared due. If Borrower 'ails ro pay swch .ems prior eo the cspiratton of such penod. <br />Lender may, without further notice or demand on Barrower..m-oke any remedies ~cmutted by paragraph 13 hereof. <br />YON-UNIFORM COVENANTS. BOrrOWef anti Lendef fU r[hCr ~c+F errant and dgrae as IOIIOWS: <br />18. Acceleration; Remedies. Fatcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this ~7ortgage, including the covenants to pay when due any solos secured by this Mortgage. <br />Lender prior to acceleration shall mail notice to Borrower as provided in parayrntph 14 hereof specifying: 111 the breach; <br />(2) the action required fo cure such breach; 13) a date, not less than 30 da}s €rom the date the notice is mailed to Borrower, <br />by whidr such breach must be cured; and Ill [hat faNure to care such breach on or before the date specified in the notice <br />may result in acceleration of the stuns secured by this Mortgage, foreclosure by judicial proceeding and sale of the Propem. <br />Tha notice shall further inform Burrower of the right lu reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is not cured on or before the dste specified in the notice, Leoder at Lender's option cosy declare all of the sums secured by <br />this Mortgage [o tee immediately due and payable without further demand and may foreclose by judicial prtrceeding. I.. odor <br />shalt he entitled [a crilect in such p: cceeding alt expenses of foreclosure, including, bu! oat lirnited to, casts of docmnentary <br />av~encQ, abstracts aa~i title rerwrts. <br />19, Borrower's Right !u Reinstate. notwithstanding Lenders an~clerauon of the sums secured b7 this Ylurgage. <br />Borrower shall have tha right to have any proceedings treuun by Londe: to enforce thu Mortgage ors vnnnued at any tune <br />