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-9~~ t.' ~i)Y <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 become additional <br />indebtedness of Bo: rower secured by this Mortgage Unless Borrower and Lender agree Io 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 ai 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 3 shall require i_ender to incur any expense 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 reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of env award or claim for damages, direct or consequentiah in connection with 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 />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. ;f any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, them 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 btortgage immediately prior to the date of <br />taking bears to the fair market value o(the Property immediately prior to [he date of taking, with the balance of the proceeds <br />cold to Borrower. <br />tf 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 [his Mortgage. <br />Unless Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shall no[ extend <br />or postpone the due dare of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />18. Borrower Not Released, Extension of the Gtne for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shat) not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest Lender shall not he required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured be chic Mortgage by reason of any demand made by the original Borrower and Borrower's suwessors in interest. <br />il. Forbearance by Lender Nnt a Waiver. .4ny forhearmce by Lender in exercising any right nr remedy hereunder, or <br />otherwise afforded by apphcahlc law, shall not he a waiver of or preclude the exercise of ^np such right or remedy. <br />The procurement of insurance or the payment of taxes nr other liens or charges by Lender shall not he a waiver of Lenders <br />right to accelerate the maturity of the indebtedness -.ecured by this ~•tortgage. <br />t2. Remedies Cumulative. .All remedies provided in this Dtortgage arc distinct and cumulative to any other right ar <br />remedy under this Mortgage or afforded by law or cyui[}•. and may he rxrrcistd concurrently, independently nr successively. <br />13. Successors and Assigns Bonnd: hint and ,Severe) Liability; Captions. The covenants and agreements herein <br />contained shalt bind, and the rights hereunder sh:d! inure u,, the recpectivc successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph I- hermt. :\II covenants and agreenten[s of Borrower shall be join[ and several. <br />The captions and headings n( the paragraphs of this Mortgage arc for convenience only' and arc nut [n he used to <br />interpret nr define the provisions hereof. <br />14. Notice. Except for any nonce rcyuired under applicable law to be given in another manner, is :my notice to <br />Borrrwcr provided for in chi, Mortgage shall he gncn by mailing wch ocher by ctrnfied !nail addresscdru, Borrower at <br />the Pn,pertv AJdresc or .u each other address as Borrower ntav Jcs!gnate by no!icr ru Lender as provided herein, and <br />+ht ono nonce m Lender shall hr gn-en by certifiref mail, return receipt requested, m 1 ender s address oared herein or to <br />•;uch other address as Lender mac designate by nolicc to Borrower as provided herein. :\nv notice provided tar in this <br />Mortgage >hall be deemed m have been given to Borrower nr Lender when gn•tn in the manner designated herein. <br />15. Cniform Nnrtguge; Governing Law: Severobilih•. T1ue corm of mortgage smthines uniform covenants for n;u uroal <br />use and nom uniform coven cols with limited variations by jursdietion to constitute a uniform eerurrty instntmem covering <br />real propert}'. This Mnagage shall he governed M~ the law of the jurisdiction in w't1ielF the Propern• a hxatrJ. In the <br />event !hat am' provision or clause of this Mortgage or the Nate canfiicts with applicable law, such conflict <hall not affect <br />other provisions of ih!s Mortgage or the Nnte which can hr given effect without the conflicting prrn~isinn, :rod to this <br />end the provisions of the Mortgage :rod the Vote are declared to he severable. <br />36. Borrower's Copy. Borrower ch;dl he fi!rmshed a conformed copy of the Note ;rod of chic Mortgage at the time <br />of execution or niter recordation hereof. <br />17. -Transfer of the Property: Assumption. 3f all or anp part of the Property nr an interest therein is sold nr transferred <br />by Burrower wrthou[ Lender's poor •writren consent, excluding tat the cmauon of a lien or encumbrance subordinate to <br />th!s Mortgage tb! the creation of a purchase money sorority mteresi for household appliances. Icl a transfer he devise, <br />descent or by operation nl law upon the Jeath of o µnm tenam or I,h the grant of any Irasehnld interest of three prate .,r less <br />not cunlainmg an option m purchase, Lender may, at Lender'a opuun, declare ,all the sums secured by th!s Mortgugr to t+e <br />nnmeJiau•h• due and pavahlc. I ender shall bout waived such ophun to aecrlerne it, prior ro the sole nr transtet i.cnder <br />and the person to whom the Nropera' is to be solJ or tr:mstermd reach ,tgrtemrm tit wnnng that the credit of such person <br />is satixfac[or' to Lender and that the imerr.t payable on the camsecured by this 1lortgage shall he at such rate ac Lender <br />shall request. if Lender has waived the option to accelerate pmviJud in !his Iwragraph 17, and if Borrower's successor .n <br />interest bus executed a wnnen assumption ugreemeu accepted in writing by 1 ender, Lender shall rrlrase Borrower tram all <br />obligations unvitr this Mortgage and the Nate. <br />It Lender exercises .uch option in accelerate. Lender sisdl maul Borrcawor nnncr „i ^ccelrratinn m acoordanct wnh <br />paragraph 14 Inrreo(. Such nutter shall paiv!de a period p( nut less than tU Ja4y front the date the nolicc is !nailed wnhin <br />which Borrower rimy pap the Burns Jeclared due. II Hummer talc a+ pay u!ch sums poor u, the +x piratino .d such pr r.od, <br />Lender may. without further nonce or Demand nn Harrower, mvola am~ remedies permitted M~ paragnph IR hrreol'. <br />NoN-UNIFOaxt Cov€vxw ~5. Borrower attd f_endrr catcher eovenanl .rod .egret as follows-. <br />18. Acceleratbn; Remedies. Except as provided in purnRraph 37 hrreuf, upon Borrower's breath of any rovenarn nr <br />agrerrnent of Borrower in this Nortgege, hrchrding the covrnwds fu pay whrn due any wms ecured by this Mnrtgugr, <br />Lender prior to acttkrullon shat) muB mdicr to Borrower as provided in parugrnph IS hereof specifying; ill the breach; <br />IZ) the actiou required to cure such breath; 1JI a dots, cwt lens than -lll days from the date the notice is mailed ro Burrower, <br />by which such breach must be cured; and t4) that fa8ure m rare wa•h breach on nr before the date spzci8ed in the rwdrr <br />may result in acceleration of the corns secured by this ~1ortRaRe, foreclosure by jndfcial proceeding and Bolt of the PropeNy. <br />77rr nolicc shag further in[ornr Bwrower tit the right to reimtwe after ancirration and the right to assert in Ihr forrrlusure <br />prareetiiog the non-existence of a default or any other Aefeme of Borrower to acceleration and forertmure. If the breach <br />(s trot cured tin ur before the date specified io the rwtice, Gender 91 Lender's option may declare all of Me sums secured by <br />thLs Mortgage to be immediately der and payable without further demand and may foreclose by judiriai proceeding. Lender <br />shall tw enthttd to ratter: io Bath perx-rzdirtg aU zxpemzs of tort •Irsurr, inciuditrg, but nut limited to, rusts of dacnmentarv <br />evidence. abstracts and title reports. ' <br />tq. Borrower's Right to Reirmafe. Notwithstanding tender's accclrratwn of the sums scoured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun hp Lender m enforce ih!s Mortgage Jisconnnued at any time <br />