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80-- ~jfz ~,~q ,. }~ <br />Lender's sJri~ter~gr2ArA8a¢ or applicable taw. Bortower shall pay the amoum of all mortgage insurance premiurtts 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 Bortower and Lender agree to other terms of payment, such <br />amounts shalt be payable upon notice from Lender m Borrower requesting payment thereof. and shad bear interest from the <br />date of disbursement at the rate payable from time to Hme on outstanding principal under the Note unless payment of <br />intemst a[ such rate would be contrary to applicable law, in which even such amounu shall bear interest at the highest rate <br />permisaible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />g. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt gave Bortower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnadon. The proceeds of any award or claim for damages. direct or consequentiah in cannaKion with any <br />condemnation or other takin_q 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 Properly, the proceeas 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 Propem. unless Borrower and Lender <br />otherwise agree in wrttin¢, 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 :he fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the ProMrty 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 wiled 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 Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due dale of the monthly installments refer. ed to in paragraphs I and 3 hereof or change the amount of <br />such installments. <br />10. Borrower Vol Released. Extension of the time Eor payment or modification of amortization of the sums secured <br />6y this Mortgage granted by Lender to am successor in interest of Borrower shall not operate to release. in any manner, <br />_ the liability of the original Borrower and Borrowers successors in interest. Linder shall not 6e 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 Morlgage by reason of any demand made by the original Bortower and Borrower's successors in interest. <br />li. Forbearance by Lender Vol a Waiver. Any forbearance by Cender in exercising any right or remedy hereunder, or <br />otherwise afforded 6y applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procureme w or the ayment of taxes or other liens or charges by Linder shall not be a waiver of Lender's <br />right to accele .~ E t,mdebtedness secured by this Morlgage. <br />12. Rem umni~itsx'~3f' remedies provided in thts Mortgage are distinct and cumulative to any other right or <br />remedy under t ' _ ed by law or equity, and may he exercised concurrently, independently or successively. <br />13. Successors an ~ s-found; joint and Severn Liability; Captions. The covenants and agreements herein <br />wntained shall bind, and the rights hereunder :hall inure to, the respective successors and assi¢ns of Lender and Bortower, <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 be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner. tai any notice to <br />Borrower provided for in this Mortgage shalt be given 6y mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such ether address as Borrower may designate by notice to Lender as provided htrein. and <br />!b) any notice to Leader shall he given by strtified mail. retvm receipt requested. to Lender's address stated herein or to <br />such other address as Linder may dr_ignate by notice to $orrower as provided herein. Any notice provided for in this <br />Mortgage shall he deemed to have been given to $orrower nr Cender when given in the manner designated herein. <br />15. Uniform Mortgage: Governing Law; Severability. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants whit limited variations by jurisdiction to constitute a uniform security instrument covering <br />teat property. This Morlgage shall be governed by the law of the iurisdic[ion in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Vote conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this <br />end [he provisions of the Mortgage and the Vote are declared to be severable. <br />Ili. Borrower's Copy. Borrower shall be furnished a wnformed copy of the Yore and of this Mortgage at the time <br />of execution or otter recordation hereof. <br />17. "fransitr of the Properly; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior writren consent, excluding !al the creation of a Tien or encumbrance subordinate to <br />[his Mortgage, ib) the creatior, ni a purchase money security interest for household appliances, tcl a transfer by devise. <br />descent or by operation of taw upon the death of a join¢ tenant or idl the grant of any ieasehoid interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option. declare all the sums secured by this Morlgage ro he <br />immediately due and payable. Linder shall have waived such option to accelerate if, prior ro the ,nit or transter. Lender <br />and the person to w'nom the Properly is to be sold ar transferred troth agreement in writing that the credit of such person <br />is satisfactory to Ltnder and that the interest payable on the Burns secured by this Mortgage shall 6e at such rate as Lender <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 asumpton agreement accepted in writing by Ltnder, Ltnder shall release Borrower from ail <br />obligations under this Mortgage and the Note. <br />If Lender txetcise_< such oMien to accelerate. Lender shall mail Borrower notice of acceltratiun in accordance with <br />paragraph t4 hereof. Such notice ,hall provide a period of no[ less than 30 days from [he dare the notice is mailed within <br />which Barr..wcr may pay the sums declared due. if Borrower fails ¢o pay such sums prier to the expiration of ;uch period, <br />Ltnder may, without further notice or demand on Borrower, invoke any remedies permnted be paragraph I A ',error. <br />Norr-UutFOaet COVENANTS. Borrower and Lender further covenant and agree as follows: <br />ig. Aeeeleration; Remedies Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Barrnwer in this Mortgage, inciudittg the covenants to pay when due any Burns secured by this Mortgrge, <br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach: <br />(2) the action requved to cure such breach; (31 a date, not less than 30 days from the date the notice is mailed to Borrowea <br />by which sash breach must be cured; and (1) that failure to cure such breach on or before the date specified in the notice <br />may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The notice shall further inform Burrower of the right to reinstate after acceieratim and the right to assert in the foreclosure <br />proceeding the two-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 date specified in the notice, Cender at Lender's option ntny declare ail of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may firrecinse by judicial proceeding. Lender <br />shaft be entitled to collect in such proceed'utg ail expenses of foreclosure, including, but not limited to, costs of documentary <br />evidence, abstracts and title repons. <br />17. Gcruwers kight io eteinsfate. Vonvithstanding Lender's acceleraton of ~ht Burns secured by this Mortgage, <br />Borrower -half have the right ro have any proceedings begun by Lender to enforce this Mortgagz duconunued at any amt <br />