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80-- ~s~~~3'7 <br />Lender's wrtten agreement or applicable law. Borrower shall pay the amoum of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed 6y Lender pursuant to this garagraph 7, with interest thereon, shall become addi@onal <br />indebtedness of Borrower secured by this Mortgage. Unless }3orrower and Lender agree to other terms of paymem, 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 at the rate payable from time to time on outstanding principal under the Note unless paytttenz of <br />interest at such rate 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 paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />S. fraiptction. Lender may make or cau>e to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shat! give Borrower notice prior to any such inspection specifying reasonable cause there£cr related to Lender's <br />interest in the Property. <br />9. Condtmrntbn. The proceeds of any award or claim for damages. direct or consequential, in connection with any <br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assiget~ <br />and shall be paid to Lender. <br />In the event of a rota[ 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 agrc~, 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 prier to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />1f the Property is abandoned by Borrower. ur if. after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Boxrower 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 ar to the sums secured by this Mortgage. <br />Unless Lender and Bortower otherwise agree in writing, any such application of proceeds to principal shall not ezfend <br />ar 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 />kQ. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage gamed by Lender to any successor in interest of Bortower shall not operate to release. in any manner, <br />the liability of the original Borrower and Borrower's succezwrs in interesk. Lender shall not he required to commence <br />proceedings against such successor or r.-fuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage try reason of any demand made by the ariginat Corower and Borrower's successors in interest. <br />11. Parbtazance bS' Lender Nat a Waives .Any forbearance by [.ender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall net ere a waiver of nr preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes ar other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the maturity o£ the indebtedness secured Cry this btortgage. <br />12. Remedies Cremalahve. All remedies provided in this bortgage arc distinct and cumniative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or successively. <br />23. Sacet~axs aad Ats~ns Bound: dolor sad Seven€ t.iabitity; 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 3orrower shall be total and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to hz uud to <br />interpret ur detsnc t'.^.e provisions hereof. <br />f4. Naiixr. Excopt fer any notice required under applicable law ar he given in another manner. (al any notice to <br />Borrower provided for :n this Mortgage shall be given by maline such rpoticc by certified mail addressed to Bortower at <br />the Property .Address ar at such other address as Harrower may designate by notice to (.ender as provided borate. and <br />ib) an }' notice to Lender shah tr: eiven by certified mail. return recerpr requested, to Lender's address stated hcrtin nr [o <br />such orteer address as Isnder may dtsisrate by natice to Borrower as provided herein. :top trnice provided fer in this <br />Mnrr~ag~ shall ),e *!ten.'=.~t t~ hawe !'ran giw~:n to P~arrawer cr C.erdxr when ;; +un ir, t t manner dr:rrnated hzr~tin. <br />13. Uniform Mortgage; Governing t=aw; SeverabBity. This form of mortgage combines uniform revenants for nationui <br />use and non-uniform covenants with limited variations by jurisdiction to censtinttc a uniform secuaty instrument coverng <br />real property. This Mortgage shall be gowerncd by tht law of the jurisdiction in which the Property is located. in the <br />event that any prevision nr clause of this Mortgage nr the Note 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 the provisions of the Mortgage and the Note are declared to 6e severable. <br />16. Borrowers Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage ai the time <br />of execution or after recordation hereof. <br />17. Tratmfer of the Property; A>$strtrpiion. If all of any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding lei the creation of a lien or encumbrance subordinate to <br />this Mortgage, fb) the creation of a purchsse money security interest fer household appliances, (c) a transfer by devise. <br />descent er by operation of !aw upon the death of a joint tenant nr rd) rho grant of any leasehold interest of three years ar Icss <br />not containing an option to purchase, Lender may, at Lender's apGOn, declare all the sums se.:ured by this Mortgage to he <br />irnmediaeely due and payable. Lender shall have waived such option ro accelerate if, prior to the sale or transfer, lender <br />and the person tc whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is sarsfaMOry re Linder and thus the inreresl payable on the sums secured by this Mortgage shall ho at such rate ^s Lender <br />sisal{ request. If Lender has waived the option to accelerate provided i^ this paragraph 17, and if Borrower successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, C_ender shall release Harrower from ail <br />obligations ottder this Mortgage and the Note. <br />Sf Lender exercvses such option to accelerate, [seder shall mail Borrower notice of acceleration io accordance with <br />paragraph i4 hemof. Such notice shall provide a period of nut Icss than 3(} days From the date (fie notice is mailed within <br />"€.t-ne ;itAy pay i:~. se¢r..a deF3ared dtte.. if Banowar fails 'a pay such turns prior to inc expiration of such period. <br />Lender tray, :vithaut further noticz ar demand on Borrower, invoke auy' remedies permitted by paragraph iS hereof. <br />Mort-Utvti:oau CtrvennnTS. Borrower and Lender further covenant and agree ns follows: <br />4$. .t,ceeltratian; fttaredies. Paecep€ as previdtd in paragraph 17 hereof, open Borrower's breach of any covenant or <br />attreenttM of Borrower €n fills Morytagt, including the covenants to pay whop due any sums secured by this 'tiorlgagt, <br />f.esdtr prioa to acceleratfoa shall retail notice to IMrrewer as provided in paragraph 14 htreof specifying: (1) the breach; <br />42} t~ act}ota rid so earl st~h 9rtach; (3j a date, not ttau than 36 days from iht date tart notice is tnaUed m Borrower, <br />cry wtta~ch such irxeach must he cared; and t4) that ialiare to care such breach on or before [fie date specified in the nWict <br />may rt_vafR in accekratiian cf the sawn s~ecuxed by this M14trrtgaf;e, fareclasare by judicial preceedirtg aad sate of the Property. <br />'!"lee setter sha0 further 3aform Bwrewex of the right to reiaswte after acceleration awd the right to assert in tiro foretiostut <br />ptaeesding the ono-exi~tuce of a dstoalt or asy ether defeast of Bwxower to acceCorotian and forecCoeart, ff the breach <br />'es oaf rated au err hafare Ilse dblt spasified in the trotke, Lender at header's aptian nwy declare aB of the sums secured by <br />thh Maxtgt~t to t:t ir..naaxliaa:y Sae aad payrtMt withaat farther dtarand aad may fort.t~ by jndkiai prrxeodiuy. Leadrx <br />s~€i ha eatititd to caterer io swh practrdiag atl txpttrsea of PotteNrsare, Including, bat out tinrited to, costs of dacarueutary <br />evideate, seattrartri aad title reports. <br />1~ '~a~a~awc~s i€)g~e€ €o C4tia~ait. Neiwttlrsiandmg Lender': ar::clerattoe: +~` :heurns sn:nte.5 i:y thts ".icu~tgag<. <br />B.axroxtr zhali have rtes t{~t to bane- anj• prricoeaLng-c k> tan t+y t.4neixr to en tar", th,,. 4i,,.Ega;:.. dt~ ,_,¢,.>u_J = - -- . ,.,t.. <br />