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Lenders written agreement or applicable law. &orrower ;halt pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lenue: pursuam is this paragraph 7, with interest thereon. shall become additional <br />indebtedness of Borrower secured by this Martgage. Unless Borrower and Lender agree to other terms of paymtent, such <br />ampoule shag be payable upon notice from Lender to Borrower mquesting payment thereat, and shall bear interest from the <br />date cf disbursement at the rate payable from time to time on outstanding principal under the Nate 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 rnntained in [his paragraph 7 shall require Lender to incur any expense or take <br />Q~ any action hereunder. <br />~ 8. Inspection. Lender may make or cause to be made reasonable zntries upon and inspections of the Property, provided <br />that Lender shall give Barrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />C interest in the Property. <br />4. Condemnation. The proceeds of any award ar claim far damages, direct or consequential, in connection with any <br />condemnation ar other taking of the Propzrty. or part thereof, ar for com•eyance in lieu of condemnation, are herehy assigned <br />and shall he paid m Tender. <br />In the event of a total,taking of the Pmpeay. 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. them shall he applied to the sums secured by this Martgage such proportion of [he proceeds <br />as is equal io that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to ehe fair market value of the Properh~ immediately prior to the date of taking, with the halaoce of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if,'after notice by [_ender to Borrower that the condemnor offers to make <br />ar. award ur settle a claim far Damaeec, Barrower fails to respond to t-ender within 3r) days after the date such notice is <br />mailed. Lender is authorized to called and apply thz pracezds. at Linder s aption. either to restoration or repair of the <br />Property or In the sums secured by this Martgage. <br />Unless Lender and Borrower athenvise agree in writing, am• such application of proceeds to principal shall oat extend <br />nr postpone the due date of the monthly installments referred to in paragraphs i and 2 hereaf ar change the amount of <br />such installments. <br />70. Burrower Nof Released. Extension of the time for payment ar madificatian of amartizatian of the sums secured <br />by this Mortgage granted by Lender to any successor in ?nterest of Borrower shall nor operate to release, in any manner, <br />the Gabitiq• of the original Borrower and Borrower's successors in interest. i-ender shag not be required to commence <br />proceedings against such successor or refuse to extend time for payment ar atherwisr modify amorfizatian of the sums <br />secured by this [Margage by reason of any demand made by the original Barrower and Borrower's successors in interest. <br />Y1. Farbearaare by Lender W fy»;hearance by Lender in exercising anc right ar remedy hereunder: ar <br />otherwise aBarded by applicable' " tyf~::he:; a. vy;aiver of ar preclude the exercise of any such right or remr..dy. <br />The procurement of insurance or e kl~.:otfler liens or charges h7 i.ender :hall not he a waiver of Lender s <br />right ;o accelerate the maturity o lir$d"bp-[his Mortgage. <br />12. Remedies Cumulative. All remedies provide in this Martgage are distinct and cumulative to an}' other right or <br />remedy under this Mortgage or afforded by law or equity. and may be rxerciscd runcurrentlr. independently ar successively. <br />?3. Successors and Assigns Gonad; Joint and Several T.iability: Captions. The cw~rnants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Rarmwer. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements ei Borrower shall be faint and several <br />The captions and headings of the paragraphs of this Martgage arc for a,nveniencz pule :rod are not to he used to <br />interpret ar define the provisions hereaf. <br />Y4. Nefice. Except for any notice reyuired under applicahle law k) be given :n another manner, lal any notice ro <br />Borrower provided (or in this Margage shall be gn~en by mailing such notice h} certified ntail addressed to Rarmwer at <br />the Property Address or at such ether address as Rorraar.r may designate by notice m tender us pravided herein, and <br />fb) any notice to I_andcr shall he given hr certified mail, return rrecipC requested. tb Lenders address stated herein or to <br />such other address as Lender tiia}• designate by notice to Borrower as provided herein. Any notice provided for in this <br />Martgage shall he deerneci to have peen given to Burrower or I_endzr when givi:n in the manner dcsinriated herein. <br />1S. Uniform kiortgage: Governing Y.aw: Severabitity. "Tliic form ut rortgage rnnibines uniform covenants for national <br />use anal non-unifami covenants with lhutitcd vanat~ •ns I,v jurisdiction to canatinitr a uniform security instrument covering <br />real property. This Ivtarteuge shag 6e governed by the law of the iurisdicdon in which the Property is located In the <br />event that any provision ar clause of this 3lortgagc or the ?lore eanFlias with applicable law. such a,nFlict shall not .dFret <br />other provisions of this Mortgage ur the. Note which can be given effect without the conflicting provision :rod to this <br />end the provisions of the Mortgage and the Note are Declared m he severable. <br />i6. Borrower's Copy. Borrower shall be i'urnished n conformed copy of the Nola anD oC this Mortgage at the time <br />a( execution or after recordation hereaf. <br />t7. Transfer of the Property; Assumption. If all ar any pan of the Property ar an interest therein is sold or transferred <br />by Barrower without Lender's prior written consent exchiding (a1 the creation of a lien nr encumbrance subordinate to <br />this Martgage, fbi the creation of a purchase money security interest tar household appliances, td a transfer by devise, <br />descent or by operation of law upan the death of a joint tenant or fdi rchc grant of aisy leasehold interest of three years or less <br />not containing an aption to purchase, Lender may, at Lender's option, declare all the ,ums secured M• this Mortgage to he <br />immediately due :aid payable. 1_ender shall have waived ouch option to accelerate if. prier to the '.ale or transfer, L.rnder <br />and the person to whom the Property is to he sold ar trunsferroD reach agreemem iu writing that the credit of such person <br />is satisfactory to [_ender yid that the interest payvible on flee suns secured by this Mortgage shall he at such rate as Lender <br />shall request. if Lender has waived the aption Io accelerate pravided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agrcuncnt accepted in writing by Lender. Lender sha!1 release Barrower from all <br />oblig:uioms under this Mortgage and the Nate. <br />If lender exercises such option to aceelrrne, Lander +hall mai~9 Borrower notice of acceleration in xeordance with <br />paragraph 74 hereof. Such notice chall provide a period of not less than 30 days tram the date the natter is mailed within <br />which Borrower may pay the sums decl:neD due- If Borrower tails ro pay such sums prior n, the expiration of ouch period. <br />Lender tinny, without firrCher notice or demand cm Borrower, invoke any remedies permitted by paragraph I g hereaf. <br />Nox.Ur+t eaabt Cove Nerves. Borrower and !ender lusher a++cnaut :mD agree ax tallaws: <br />18. Acclerafhrn: Remedies. Except ac provided in paragraph t7 hereof, upon Borrower's breach of any covenant or <br />agrtement of Borrower in this :ulorigage, including the cavrnants to pay when due am sums secured by this Mortgage, <br />bender prior !o acceleration shalt mail notice to Borrower as pravided in paragraph IA hereof spec•ifyinK: tit the breach: <br />#2) [be action required to cure such breach; f3) a date, not less than 3R days from the date the notice is mailed to Borrower. <br />by which such breach mast be cured; mrd (4) that failure to core .vch breach on or before the date specified in the notice <br />may rrsrrtt rn acceleration of the earns secured by this Mortgage, foreclosure by judicial proceeding and sale of [he Pnrperty. <br />The notice shall #usher igforrn Burrower of the right to reinstate after acceleration and the right fu assert in the foreclosure <br />proeerdfug the nun-existence of a default or nny other rtefense of Borrower to acceleration and forerlosurr. If the breaa•h <br />is not cured on or before the date specifini in ffie notice, Lender at Lenders option may declare all of the sums secured by <br />ihk Mortgage to bt immediately der and payable without further demand and rrwy foredosr by judicial proceeding. Lender <br />shalt be entitled to en{kc! is such proceeding all expenses of foreclosure, including. but out limited to, casts of documentary <br />evfdu~cr, abstracts and sltk reports. <br />19. Borrower's Rlght to Reinstate. Notwitheumding Ixnder'-c : celerauon of the wens secured by the. Mortgage. <br />Batrawrt shnii have the right to have any proceedings Begun by Lrndcr tt> en tone thu Mongagu discpnunued .a am mmc <br />