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8~~ £i ~ ~ 4.~ ~ <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 ?hereof. <br />Aay amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shalt became addirional <br />indebtedness of Borrower secured by this Mortgage. unless Aorrower and Lender agree to other terms of payment. such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shag bear interest from the <br />date of disburse-[Went at the rate payable from time to time on outs[andmg principal under the Nate unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall beaz interest at the highest race <br />permissible under applicable )aw. Nothing contained in this paragraph 7 shall require Lender to incur any expetrse yr take <br />anv_ xenon hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders <br />interest ir. the Property. <br />4. Condemnation. The proceeds of any award or claim for damages, direct o: consequential, in connection with any <br />condemnation or other taking of the Property, or par[ 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 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 shat! 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 in 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 Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fairs to respond to Lender within 30 days after the date such notice is <br />maiYd. Leads: is autha,~~e d to collect and apply the proceeds, at Lender`s option, either to restoration. or repair of the <br />Property or to [he sums secured by this Mortgage. <br />linfess Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall 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 instaiLments. <br />CO. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />6y this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shalt not be required to commence <br />proceedings against such successor ar refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage 6y reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. P'orhearance by Lender Not a Waiver. Any forbearance by Lender in exercising any rigfit or remedy hereunder, or <br />oche; wise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shalt not be a waiver of Lender s <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remediss Cnmulative. AlI remedies provided in this Mortgage ar. distinct and cumulative 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 />13. 5uecessors and Assigns Bound; ]oint and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors r,nd assigns of Lender and Borrower, <br />subject to the provisions of paragraph i7 hereof. Ail covenants and agreements of Borrower shall be joint and several. <br />The capticns 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 />74. Notice. Except for any notice required under applicable taw to be given in another manner, (a) any notice to <br />Bo^cwcr prvided far in this Mortgage shaiI be given 6y mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any avtice to Lender ,hail be given by certin"ed mail, return receipt requested, to Lenders address stated herein ar to <br />such other address as Lender may designate by native to Borrower as p.*evided herein P.nv notice prey; :~d for in thl; <br />Mortgage shah be deemed to have been given to Borrower or fender when given in the manner designated herein. <br />I~. €;r~i:at-:a F,~argage; Governing taw; Severabifity. This farm of mortgage combines uniform covenants for nations'. <br />use and non-uniform covenants with limited variations by jurisdiction [o constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the 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 law, such conflict shall not affect <br />other provisions of this Mortgage or the NMe 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 be severable. <br />Ito, lorrower's Capy. Borrower 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 Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior wriucn consent excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or 6y operation of law upon the death of a joint tenant or (d) the grant of any leasehold 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 Mortgage to be <br />immediately due and payable. Lender shall have waved such option to accelerate if, prior to the sale or transfer, tender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to fencer and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and i€ Borzower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from ati <br />obligations under this Mortgage and the Note. <br />I[ Lender exercises such option to accelerate, Lender ,hall mail Borrower notice of acceleration in accordance with <br />^arag-a?h l4 li~r°=~f, Su,4 Watt:: :hail p:ovs;le :; p~ ; ;1 cf no, i:mss than 3ff days ieom the date the notice is mailed within <br />which Borrower may pay the sues declared due if Borrower fails to pay such sums prior to the expiration aF such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph I g hereof. <br />Now-UxtroaM C6YENANTS. Borrower and Lender further covenant and agree as follows: <br />18. Acceleration; Retnedfes. Except as provided in paragraph 17 hereof, upon Borrower's breach of any coveoeat or <br />a~greament of Borrower in this Mortgage, indudittg the covenants to pay when due any sums secured by this Mortgage, <br />Louder prier to acceleratl-au sltal} mail itotlee to Borrower as provided in paragrapfi td hereof specifying: ill the breach; <br />{2} tbs ~...-au requh~d to sure such Breach; (3) a sate, trot teas than 30 days from the date the notice Ls mailed to Borrower, <br />by whkix such breath must 6e cured; and (4) that failure to cure such breach on or before the date specifinl in the notice <br />may result in accekratlan of the soma secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The aolke shah farther ioform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />pgoceedirtg the not:-rxlsfiencs of a dsfault or any other defeace of Borrower to aecekratian and foreclosure, If the breach <br />[s not cored an ar before the date sp¢e7fied in the notice, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to Fce immediately due and payable without further demand and may foreclose by judicial proceedlttg. Lender <br />»I wz ~ w'ed to cutler? in sash proceeding a7i expeiu:s of foreclosurq iacluding, but- no[ Bmhed [o, costs of documentary <br />s=.risnra, a.$tract3 aid °„tl= repa8s. <br />14. Horrawet's 9EFght to Reinstgtg. Notwithstanding Lender's acceleration of ±he sums secured by tlxis "fartgagc, <br />Harrower shall have the right to have any proceedings tregun by Lender to enforce this Mortgage disco^rnued at any rime <br />