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<br /> 3j : k yr <br /> Div <br /> <br /> <br /> <br /> '.,enders written agreement or applicable law, Borrower si l pay the ameant of an 'morigage insurance premiums in the <br /> r:ran„cr provided under paragraph 2 hereof: <br /> Any amounts disburwd by lxnder pursuant to this Paragraph 7, with interest thercect. shall become additional <br /> indcl>tc;~'.ncss of Rc!rrower secu-,ed by this hTortga►ge, Un'lexs Borrowwer and.T.mder agree to other tcrmi n; payment such. <br /> Rrnounts shall N. payable upon notice from Lender to Borrower request"tog payment thereof, and shall hear interest from the <br /> mate of disbursement at the rate payable from time to time on'ountanding principal under the Note unless payment of <br /> 'tntcresr at such rate would be contrary to applicable law. in which event such amounts shall bear interest at the highest rate <br /> permissible under :ap, cable laws. Noibing contained in this paragraph 7 shall requite Lends' to incur any expense or take <br /> any action hercttndcr- <br /> f3. Jttsptction. Lender may mater or cause to be made reasonable entries upon and inspct:tions of the Property. provided <br /> that Lender shall give Borrower rw4;cc prior to any such inspectk-m specifying reasonable cause therefor related to Lender's <br /> interest in the Property: <br /> 9. Condemnation. The proceeds of any awatrd or claim for damages, direct or consequential, in connection with any <br /> condemnation or other liking or the property, or part thcieof, or for conveyance in lieu of condcmration. arc hertby assigned <br /> and shall be paid to Lender. <br /> In the cs`cnt of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br /> with the e%cen, if any, paid to Borrower. In the event of a partial taking, Of the Property.. unless Borrower and tender <br /> orherwi°.e 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 1-catt tr the, fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br /> staid to Rnrrower. <br /> If the Property is ;abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to make <br /> an awa.-J or settle a claim for damages„ Borrower fails to respond to Lender within 30 days after the date such notice is <br /> mailed, Lendcr is aulhorizcd to collect and apply the procctds, at Lenders option, ciOTr to restoration or repair of the <br /> F. ,,.ipc7l% nr to thc. cttms secured by this Mo. ripage: <br /> Unless. Lcndcr and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br /> or pcxtp..rnc :he dut date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> %och installments. <br /> 10. Borrower Not Released. Extension of the time for payment or nriodification of amortization of the sums secured <br /> by t`tis Mortgage granird by Lender to any successor in interest of Bonow•er shall not operate to rclcasc. in any manner, <br /> the liability of the original Borrower and Borrowers successors in interest. Lender shall-not be required to commence <br /> proceedings aga;nst such successor or refuse to extend time for payment or otherwise modify amortixati:~n of the suers <br /> secured b% this Mengaage by reason of any demand made by the original Borrower and Borrowers ioccc:sors in interest. <br /> 11. Forbearance by Vender Not a Wiiver. Any forbearance by Lender in exercising any right or rcmcdv hereunder, or <br /> otherwise afforded by applicable law, shall not be a waive; 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 shall not be a waiver of bender's <br /> right to accelerate the maturity of the indebtedness secured by this Mortgage. <br /> 12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br /> remedy undcr this Mortgage or afforded by taw or equity, and may be exercised concurrently, independently or successively. <br /> 13. Succes±nrs and Assigns Bound: Joint and Seseral Liability; Captions. The covenants and agreements herein <br /> c~ n;aincd shall bind, and the rights hereunder sh-11 inure to, the retpecnive successors and assigns of Lender and Borrower, <br /> subject to ,he provisions of , aragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br /> Inc captions anti headings of the paragraphs of this Mortgage are for convenience only and are not to b:• used to <br /> interpret or define the provisions hereof. <br /> 14. Notice. cxtcpt for any notice required under applicable Taw to be given in another manner, (a) any notice to <br /> 13orn-twcr provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br /> the Property Address or at such rather address as Borrower may designate by notice to Lender as provided herein. and <br /> (b) any notice to Lender shall be given by certified mail, return receipt requested. to Lenders address stated h ..rcin or to <br /> such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in. this <br /> Mortgage shall be deemed to have been given to Borrower or. Lender when given in the mariner designated herein, <br /> 15. T.niform Mortgage; Covcming Tanya Severabilitv. This form of mortgage combines uniform covenants for national <br /> use and nonuniform coverants with limited variations by jurisdiction to constitute a uniform security instrument coveting <br /> real property, This Mortgage shall lac 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 /> tither 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 be severable. <br /> 16: Borrowers Copy. Borrower shall be furnished a confornscd copy of the Note and of this Mortgage at the time <br /> of execution or after recordation hereof. i <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 written consents xxcluding'.(a) the creation of alien or eacurnbrawv. subordinate to <br /> this ;Mortgage, (b) the creation of a purchase money security interest for household, applianrct, (c) a transfer by devise, <br /> decent or by 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 2n option to purchase. Lender may, at Lender's option,' declare all the'sums sectored 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 perscsn to whom the Property is to be sold or transferred reach agreement in writing than the credit of such person <br /> is satisfactory to Lender and that the interest payable on the sum- secured by this Mortgage shall be at such rate as Tender <br /> shall requcu- If Lender has -salved the option to accelerate provided in this paragraph 17, and if Borrowers successor in <br /> interest has execu'.cd a ssrittcn :assumption agreement accepted in writing by Lender. Lender shall release Borrower from all <br /> obligatiG,ns under this Mortgage and the `rote: <br /> If Fender exercises such option to accelerate; lender shall mail Borrower notice of acceleration in accor1ance with <br /> paragraph 14 hereof. Such notice shall provide :a period of not less than 30 days from the date the notice is mailed within <br /> -which $oorrowe.r may p:ay the seams declared due: If Borrower fails to pay such ;urns prior to the expiration of such period, <br /> I,t;ndcr riay, furt',scr nnri,-c or c' nand on Borrcnver. ',nvol,c any remedies permitted by paragraph IS hereof, <br /> -l:6N1;mauve (0VFNANT1.. Borrower and Lender further covenant and a-rce as follows: <br /> is. Accrtr.r:atirrn-, Rernediec. Except as provided in paragraph 17 hereof, uptttt MorroAces breach of any covenant or <br /> argteerner.t rli i',.;tru,:cr in this :xforlgitge, including the covenants to. pay when due tiny sums secured by this. Mortgage. <br /> Under prior to acceleration shall. mail notice to Borrower as prodded, in paragraph, l4 hercaf spttifying (1) the breach; <br /> (K) the action required to curt such breach, (3) a date,, net.lm, Chan 30 drryti fmin`the dale tht'notice is mailed to Borrower. <br /> by vvbich such breach must be cured; and (4) that failure to cure such breach on or Wore the date specified in the notice <br /> may result in ar celeralion of the gums secured by this %fottp -ge, foreelosure •by judiclail pnxttedinC and safe of the Property. <br /> 'Me notice shalt further inform Rorm"'er of the right to reinsi*to,rrfter acceleration and the A611 to assert in flit forccloaure <br /> proceeding the scan cxiitrnee of a defaidt or.ttny other 'tkfetrppe of $armwer to:accettration and foreeiasttre. If the breach <br /> is not cured on or Wore the date specified in the notkr, T ender at Let lees option nu y declare all of the stems xcc•ured by <br /> thie'NYnrt;;at;c to be im ncdiately due and payable s~aithout ful Tkr.t'kmand and may foreclgwe br indicial proceeding. T_coder <br /> 09:dt be entitled to collect in such proceeding all cxpettstt of foreclosure, includbrit. but not limited to, coats of documentary ' <br /> and title rcportw. ' <br /> 19. Solt+ar+res Might to Reir-.121e. Ircatwithsratasfittg.l ei><ks'ss acceleration of the sums sccurxd by this Mrinragc. <br /> {ki-, sTo~h~!r -Ball hg. c thr. riv, i to hw a -ins proceedings li:tm by T_,en,*r tc! "force this Mortgage diwontintaed at any time <br />