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$0- t~~145~35 <br />Lender's written agreemcat or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any arnounts 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 Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time [o time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable taw, 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 ezpettse or take <br />any action hereunder. <br />8. IospecOOn. Lender may make or cause to be matte reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause thettfor reiatt~ to Lrnder s <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection wish 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 he paid to Lender. <br />Tn the event of a teal taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, <br />with the ezcess, 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 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 !o Borrower. <br />If the Property is abandoned by Barrower, or if. aher notice by Lender to Borrower that the condcmuar offers to make <br />an award ar settle a claim far damages, Borrower fails to respond to Londe: within 30 days after the date such notice is <br />mailed. Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or ttpair of the <br />Propr • to the sums secured by 'his .*-4rrtgage. <br />Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend <br />or postpone the due dare of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of <br />such installments. <br />10. Barrower Not Released. Extensan of the time for payment ar modifir_ation of amortization of the sums secured <br />by rhos Mortgage granted by Lender to any successor in interest of Hotrower shall not operate to release, in any manner, <br />the liahdity 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 hfartgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />d 1. Forbearance by Ixuder Not a Waiver. .4ny forbearance by Lender in exercising anv right or remedy hereunder, or <br />othetwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right ar remedy. <br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shalt not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />22. Remedies Cumulat3re. Ali remedies provided in this Mortgage arc distinct and cumulative to any ether right or <br />remedy under this Mortgage or afforded by law or equity, and may he exercised concurrently, independently or succcssiveiy- <br />13. Successors and :assigns Bound; Joint and Several Liabilety; 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 17 hereof. All covenants and agreements of Borrower shall 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 ar define the provisions hereof. <br />14. Natice. Except for any notice required under applicable law to be _riven in another manner. (a) any notice to <br />Borrower provided for in this Mortgage shat! he given by mailing such notice by certified mail addressed to Borrawer at <br />the Property .Address or at such .aher ac'dress as Barrower may designate by notice to Lender as provided herein, and <br />tb) any notice to Lender shall he given by certified mail, rcmm recrq+t requested, n? Lender's address stated herein ar ro <br />such other address as Larder may designate by naticc to Barrower as provided herein. .4ny notice pnzvided for in this <br />Martgage shall he deemed to have peen given to &?mower or Lrnder when given in the mamier designated herein. <br />Unifo. ~, ';origage; ^vaveming Law; SevrrabLlity. This farm of mortgage camhines uniform avenants for ^aronai <br />use and non-uniform covenants with limited variations by junsdictn+n to constitute a t:nifotm srconty instromrnt covering <br />real property. This Mortgage shall he governed by the law ai the ;urisdictian in which the Pmperq~ ie located. In the <br />event that any prevision or clause of this Mortgage or the Notr, ,unflicts with applicable law, such canilict shat! not affect <br />other provisions of this Mortgage or the Note which can he given effect without the conflicting provision, and to this <br />end the provisions of the Alortgage and the Note are declared to be severable. <br />16. Bortower's Copy. Borrower shall he furnished a conformed capy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If ail or any part of the Pmpern• or an interest therein is sold or transferred <br />by Horrower without Lender's prior written consent. excluding pt) the croation of a lien or encumbrance suhordinate to <br />this Mortgage, (b) the creation of a purchase money security interest fur household appliances, (c) a transfer by devise, <br />descent ar by operation of law open the death of a joint tenant or td) the grata of any leasehold interest of three years or less <br />net containing an option to purchase. Lender may, at Lender's option. declare alt the sums secured by this Mortgage to be <br />immedia[r!y due and payable. Lender shall have waived such optior. to accelerate iL prior to the sale nr transfer. Lender <br />and the person to whom the Property is to be whl or trtnsierrcd reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall he nt such rate as (.ender <br />shall request. If (ender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreemnnt accepted in writing by 1..ender. Lender shall release Harro+ver from all <br />obligations under this Mortgage and the Note. <br />IC Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph t4 hereof. Such notice shall provide a period of not less than 30 days from [he date the notice is mailed within <br />which Borrawer may pay the sums declared due. 11 Borrower tails m pay such mums prior to the aspiration of such period, <br />Lender may. without iunhrr nouw or demand on Horrower, invoke any remedies permitted h}• paragraph t8 hereof. <br />Norv-UNIFORM CoveNnr.'rs. Borrower and Lender further eovcnant and agree as tollowst <br />28. Acceleratlou; Rentrdtes Fatrept ab provided in paragraph 17 hereof, uptrn Borrowers breach u[ any covenant or <br />agreement of Borrower in this Mortga>(e, includiog the covenants to pay when due any sums secured by ihLs Mortgage, <br />Letuler prior io acceleration shag mail notice to Borrower as provided in paragraph 14 hereof specifying: 11) the brctrcb: <br />(2) the action required to rare such breach; (J) a date. trot less than 30 days from the date the notice Is mailed to Borrower, <br />by which such breach must be cured; and (4) that failure to cure such breach an or 6e[ore the date specified in the notlm <br />may result In acceleration of the snnes secured by this :lturtgagq foreclosure 6y jttdiciel proceeding and sale of the Property. <br />Thts notice shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the Foreclosure <br />proceeding the oars-ezisteme of a default or any other defense o[ Borrower to acceleration and [areclosure. If the breach <br />is not cured ou or before the date specified In the notice. Lender of lender's option may declare ail of the soars secured by <br />this Mortgage to be immediately due and payable without further demand and may fureclave by judicial proceeding. lender <br />shall be eulitled to called In such proceeding aB expellers of foreclosure, including, but not limited to, costs of ducumenlarv <br />evidence, abstracts aad tHir reports. <br />19. Borrower's Rohl to Reinstate. Notwithstanding Lender's acceleration of the sums secured 6}• this Mortgage. <br />Borrower shall have the right to have any proceedings begun Hy Lender «+ enforce this Mortgage discontinued at any umr <br />