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$~-°° ~0461~ <br />Lender's written agreement or applicable law. Borrower shall pay the amount 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 became additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Ixnder agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requestin¢ payment thereof. and shalt bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rzte would be contrary to applicable law, in which event such amounts shalt bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this para¢raph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S. Inspection. Lender may make or cause to be made reasonable entries upon and inspeMions of the Proptriy, provided <br />that Lender shall give Borrower notice prior to an}• such inspection specifying reasonable cause therefor related to 1:.ender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damaees, direct or consequentiah in connection with any <br />condemnation or other taking of the Property, or part thereof, or for com•eyance in lieu of condemnation, are hereby anigned <br />and shall he 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. 7n the evens of a partial takin¢ of the Property. unless Borrower and I-ender <br />otherwise agree in writine, there shall 6e applied to the sums secured by this Mortgage such proportion of the procetds <br />as is equal to that proportion which the amount of the sums secured by this Dfortgaee immediately prior to the date of <br />taking bears to the fair market value of the Pmpem• immediately prior to the 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 by Lender to Borrower that the condemnor otftrs to make <br />an award er settle z c!zim for damages. Borrower fails to respond to Lender within 39 days after the dare sunk notice is <br />mailed. Lender is authorized to collect and appl7 the proceeds. at Lender's option. either to restoration or rzpair of the <br />Property or to the sums secured b}' this D1on¢age. <br />Unless Lender and Borrower othen~•ise agree in writing. any such application of p: oceeds to principal shall not extend <br />or postpone the due dare of the monthl}~ installments referred to in paragraphs 1 and ^_ hereof or change the amount of <br />such installments. <br />10. 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 oC the orieinal Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor er refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Diortgage 6y rezson of any demand made by the orieinal Borrower and Borrowers successors in interest. <br />I1. Forbearance by Lender Not a R'aiver. Any forbearance by Lender in exercisin¢ any rieht or remedy hereunder, or <br />otherwise afforded by applicable taw, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the oaymenr of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right in accelerate the maturity of the indebtedness secured by this Af ongage. <br />12. Remedies Cumulative. Alt remedies provided in this D7ertea¢e are distinct and cumulative to any other right or <br />remedy undo: this Mortgage or atiorded l+y law or equirv. and ma}• he exercised concurrenth•, independently or successively. <br />73. Successors and Assigns Bonnd: Joint and Several Liabilih; Captions. The covenants and agreements herein <br />contained shall bind. and the rights hereunder shall inure to, the respective successors and assigas of Lender znd Borrower, <br />subject to the provisions of paragraph l . hereof. All covenants and agreements of Borrower shall he ioint 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 [he provisions hereof. <br />I4. Notice. Fsctpt ter any notice required under applicable law to he given in another meaner, (a) any notice to <br />Borrower provided for in this ASort¢age shall be given by mailing such notice by certifted mail addressed to Borrower at <br />[he Property Addtess nr at such other address as Borrower rosy designate by notice to Lender as Provided herein, and <br />(h) ar:c notice to Lender shall be given hp certified mail. return receipt requested, m Lenders address stated herein er to <br />-uth other addres; as Lender rosy dts'anate by ,-price to Barmwer as provided herein. Anv notice provided far in this <br />Mortgage shell be deemed to have been given to Borrower or Lender whin given in the manner designated herein. <br />75. Uniform Mortgage; Governing Law: Sertrability. This form of mon¢age combines uniform covenan>_s for national <br />use and non-uniform covenants with limited variations by iurisdictiun to constitute a uniform security instrument covering <br />real property. "1-his Mnngage shall be governed b}• the law of the iurisdicuon 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 confiicr shall oat affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note arc declared to he severable. <br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recosdation hereof. <br />17. Transfer of the Properi}•; Assumption. If all or any part of the Properq nr an interest therein is sold or transferred <br />by Borrower without Lender's prior cartoon consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by opsration of law upon the death of a joint tenant or (d) the gram e( any leasehold interest of three years or less <br />not containing an option to purchase, 1-ender 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 sale or transfer. Lender <br />and the person to whom the Property is to he 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 Linder <br />shalt request. If Lender 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 6y Lender. Lender shall release Borrower from all <br />obligations under this Mortgegc and the Note. <br />If i_ender exercises such option to aceelerate, Lender shall moil Borrower notice of acceleration in accordance with <br />paragraph 14 ha,tof. Su:h notice shall provide s period of nut ]z;s than 30 days frertt the date the rotic+: is :uailtd within <br />which Hormwer may pay thn sums declared due. if Borrower fails ra pay such sums prier to the cxpiratinn of such period, <br />Linder may, without firrther notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nox-UNIFORM Covexnxrs. Borrower sod Lender further covenant and agree a5 follows: <br />18. Atctieratlon; Remedies Except as provided in paragraph 17 herept, upon Borrowers breach of env tovtoant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by ibis Mortgage, <br />- Lender prior to ateekration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the action required to cure such breach; (3) a date, not Tess than 30 days trmn the date the Holier is mailed to Borrower, <br />by which such Drench must be cured; and (4) that failure to cure such breath on or before the date specified in the notice <br />may result in acceleration of the sums secured by this Mortgage, foreclosure 6y judicial proceeding and sale of the Property. <br />The notlce shalt farther inform Borrower of the right to reinstate after acetlentian and the right to nvstri in th< forecoosure <br />proceeding the nun-existence of a default or any other Aefertse of Borrower a; acceleration and foreclosure. if the breach <br />is not cured on ar before the dale specified in the notice, Lender nt Lender's option may declnrc all at the soots secured by <br />this Mortgage to 6e immediately due and payable without further dnnand and may foreclose 6y judicial proceeding. Lender <br />shall be entititd is layoff is such proceeding cif expenses of Eoretlosnre, includsng. but nm limited to, costs of documtniary <br />evidence, sltstracts and tltlt reports. <br />19. Borrower's Right to Reiariate. Notwithstanding Lender's acccleraton a( the sums secured by this Mortgage. <br />Borower shall have the right to have any proceedings begun by Lcndtr to enforce thu Sforigage disconunued at any time <br />