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go- ~~4s~s <br />Lender's written agreement or applicable taw. Borrower shall pay the amoum of alt 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 additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and 1.,°nder agree to other terms of paytnem, such <br />amounts shall he payable upon notice from Lender m Borrower requesting payment thereof. and shall 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 rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall requite Lender to incur any aspens or take <br />any action hereunder. <br />g. Iaspeetion. Lender may make or cause to be made reasonable entries upon and inspections of the Propert„ provided <br />that Lender shalt give Bottawer notice prior to any such inspection specifying reasonable caux therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. "Rte proceeds of any award or claim for damages, direct or consequential, in connection with any <br />wndemnation 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 />7n the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage, <br />witfi the excess, 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 dace of <br />taking bears to the fair market value of [he Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />ii the Property is abandoned by Borrower, or if, after 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 />'.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 Mortgage. <br />Unless I-ender and Borrower otherwise agree in writing, any such appiicatian of proceeds to principal shalt not extend <br />for postpone the due date of the mon[hly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />10. Bnrrnwer Not Released. Extension of the time for payment or modification of amortization of the sums secured ~. <br />'by this Aiortgage 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 far 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 />11. Parbearance by Lender Not a SVairer. :~m• forbearance by Lender in exercising any right or remedy hereundeq or <br />otherwise afforded by applicable Iaw..hall not he a waiver of ar preclude the exercise of any such right ar remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />Y2. 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 !aw or equity, and may lx exercised concurrently, independently or successively. <br />13. Successars sad .Saigns Soured: Joint sari Several i.iaMlily: Captions. The covenants and agrcements herein <br />contained shat) bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. <br />subject to the provision; of paragraph 17 hereof. .411 covenants and mgreements of Borrower shall he joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not robe used to <br />.interpret or define the provisions hereof. <br />14. '.Notice. Except for any notice required amJer applicable haw to be given in another manner. {a) env notice to <br />Borrower orovided for in this Mortgage _hall he given by mailing such notice by certified mail addressed to Aorrower at <br />the Propery Address or at such ether address as Horruwcr may designate by oatice to Lender as provided herein, and <br />~(b) ant notice ;;. Lender shalt F° -; by certifies :-ail, ;er,;m rac;:apt requested, to Lender's add: ass stated herein n: to <br />such other address as Lender may ~designale by nonce to Bnrrnwer as pmvidtd herein. Any notice provided for in this <br />Mortgage shall he deemed m have been given to Borrower ar f.ender when given in the manner designated herein. <br />1S. Uniform Mortgage; Governing Law: SevrrobBify. This form of mortgage combines uniform covenants for national <br />ux and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secunty instrument covering <br />real property. This Mortgage shall be governed by the law of the jurisdiction in which the Propery is k>;ated. 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 provisions of this Mortgage or the Nate which can be given effect without the conflicting nrovision. and to this <br />end the provisions of the Mortgage and the Note are declared to F+e severable. <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 rocordation hereof. <br />37. Transfer of the Property; Aaumpfion. if aII ar any patt of the Properly or an interest therein is said or transferred <br />by Borrower without Lender's prier written consent excluding (a} the creation of a Tien or encumbrance subordinate to <br />this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devises <br />descent or by operation of taw upor. the death of a joint tenant or (Jl the grant of any leaxhold interest of three years or less <br />rot containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Martgage to he <br />immedietety due and payable. Lender shall have waived such option to necelerate if, prier to the sale or transfer. Lender <br />and the person to wham the Property is to be sold or transferred reach agceement in writing that the ereJit of such parson <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall he of such rate as Lender <br />shall request. if Lender has waived the option to necelerate provided in this paragraph l7, 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 Mortgage; and the Note. <br />If lender exercises such option to aceeltrate. Lender shall mail Bnrrnwer notice of acceleration in accordance with <br />paragmph 14 hereof. Such notice shall provide a period of not Ices than 30 days from the date the notice is nc.used within <br />which Berrewsr may pay the sums declared due. II Dattower fails to pay such sums prior to the cxpiratian of such pcriad, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitteJ by paragraph 18 herrnf. <br />Non-Urtlroam Cuvervnrv'rs. Borrower and Lender further covenant and agree as follows: <br />ig. Acceleration; Remedies. Eactpt as provided in paragraph l7 hereof, upon $orrowet's breach of any rovenaM or <br />agreooreat of Borrower in tbis Mortgage, fnrludiag the covenants to pay when due any sums secured by this Mortgage, <br />Leader prior to aecekralion shall mail notice to $orrowrr as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the sestina required to cum such breach; (3) a date, not tea 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 o0 or before the date specified in the notice <br />may result in acceleration of the sums secured by Ibis Mortgage, foreclosure by jndieisl proceeding end sale of the Properly. <br />The noHee shalt itut6ar inform $orrower of the right to reinstate after acceleration end the right to assert in the toraclosure <br />proceeding the Wort-existence of a detealf or any other defense of Barrower to acceleration end foreclosure. ff tfie breach <br />is uol cured on or befure fhe date spcciffed in fhe notice, Lender at Lender's op/'vin may declare alt of fhe sums secured by <br />tide Mortgage to be immedietety dtre and payable without further demand sad may foreclose by judaciel praceedirtg. Lender <br />shell be entitled to colloc/ in sued proceedlrrg ail exprrnes of torecloeure, including, but not limited to, costs of documentary <br />evideacc, abstracts and title reports. <br />sg, >fa..-~.,,.,,.ds pt~t,e to R€i~rp~, Netwithstandine isnder's acceleration of the sums secured by this Mortgage, <br />Borrsrwer shall hays ehe_-right ro hays any proceedings begun by Lender to enforce this Mortgage Jiscominued nt any time <br />