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Form 8Q& B ~~® <br />~~3536~ <br />Lender's written agreement or applicable law. Bottower shad pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Leader pursuant to this paragraph 7, with interest thereon, shall become zdditional <br />indebtedness of Borrower secured by this Mortgage. Unless &orcower 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 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 taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />tt. inspaction. Lender may make ar cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior [o any such inspection specifying reasonable cause therefor related to Lender's <br />infetest in the Property. <br />9. Condemnatton. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of [he Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigtted <br />and shah be 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 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 to Borrower. <br />If the Property is abandoned by Borrower, or iF, after notice by Lender to Aorrower 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 [o collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Peopeery ar to [he sums secured by this Mortgage. <br />Unless Under and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />fl0. Borrower Not ileleased. Extension of the time for payment or modification 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 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 Mcrtgage by reason of any demand made by the original Borrower and 8orzowers successors in interest. <br />ll. Forbearance by Lender Nor a Waives Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise 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 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 />12. Idemedies Cumulative. At! remedies provided ir. this bortgage are distinct and cumulative to any other right or <br />remedy tinder this Mortgage or afforded by law or equity. and may he exercised concurrently, independently or successively. <br />i3. Successors and Assigns Bound; Joint and Several Y,iability; 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 com'enience only and are not to he used to <br />interpret or define the provisions hereof. <br />'i4. Notice. Except for any notice required under applicable taw to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address ar at such other address as Barrowcr may' designate by notice to Leader as provided herein, and <br />(bi nay notice m Lender shalt he given by certin'ed mail, return receipt rcque~sted, to Lenders address stated herein or to <br />such other address as Lender may designate by notice to Harrower as provided herein. Anv notice provided for in this <br />..".lartage shat; h,:. cem~d .., .....~.. e.. ,.; Bcrr.^,wer cr Lender :-hen given i.. 'he m~.nner design tad !:train. <br />I5. Unifo¢m Morlgagep Governing-L.aw; ,SeverabAily. 7}tis form of mortgage combines uniform covenants for national <br />use and non-uniform covenants w~iih limited variations by jurisdiction m constitute a uniform security instrument covering <br />real property. 'I7tis Mortgage shall he governed fey [he law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable taw, such conflict shall oat a$ect <br />other provisions of this Mortgage or the Nose which can he given effect without the conflicting provision, and ro this <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />Yti. Aorrowers Capy. Harrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Peoperiy; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without I_endzr's prior written consent, excluding (a) the creation of a lien or encumbrance suherctinate to <br />this Ivfortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death o[ a joint tanant or id} the gran[ a( any leasehold interest of three years ar less <br />no[ containing an option to purchase. Lender may, at Lender's option, declare alt the sums secured by this Mortgage to be <br />immediately due and payable. lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person nt wham the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender urtd that the interest payable on the soots secured by this Ivtortgage shall he at such rate as Lender <br />shall request. If bender 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 by Lender, Linder shall release Aorrower frmn all <br />obligations under this Mortgago and the Note. <br />If Lender ekercise~s such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph id hereof. Much notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which .Harrower may' pay the sums declared due. It Borrower fails io pay such sums prior to the expiration of such period. <br />Lender may, without further notrce or demand on Barn>wer, invoke any remedies pennitteJ t>y paengreph 1 S hereof. <br />NoN-UNiroant Cnvntanv~rs. Borrower and Lender further covenant and agree as tallowy: <br />fo. Aeceteration; Remedies. Lxcept as provided in paragraph t7 hereof, upon Borrower's breach of any covenant or <br />agreement of Aorrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Lender prior to acceleration shalt mail notice to Aorrower us provided iu paragraph t4 hereof specifying: IL) the breach; <br />(2) the action required to cute such breach; i3) a date, nut less than 36 days from the date ehe notice is mailed to Aorroweq <br />by which suclr hrea@t tnusi be cured; and f4) that failure to cure such breach on or before the dale sptrciifed in the notice <br />may result in acceleration of Ilte sums secured by this Mortgage, foreclosure by jndiciai proceeding and sale of the Property. <br />The notice shall further iuform Borrower of the right to reirsfate after acceleration and the right to assert in the foreclosure <br />prnceeddng the non-existence of a dxfauit or any other defers:: of Aorrower to acceleratfon and foreclosure. If the breach <br />is not cured on ur before tha date specified in the notice, Lender ai Lender s option may declare alt of the sums secured by <br />this Mortgage to he hnmediateiy due and payable without further demand and may foreclose by jndiciai proceeding. Lender <br />shalt be eulltIIed to collect in such proceeding ail expenses u[ foreclosure, including, but nut limited to, costs of documentary <br />evideucc, ahstracls and title reports. <br />isi, Barrower'F Might fo Ileiustute. Natwithsianding Lender's accelerator n[ the soots se vrcd by this Mortgage, <br />t?orr~vvr sha. y„e t,.~ ° ~ ,,, .,a,e as;y pr-titiY ngs begs; ~ !ender ~~. ,.r:force .hu ..",lartgage discaet.nu~d R, any tints <br />