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I <br />~f~--=:~~fi ~~34 <br />Lender's written agreement ar applicable taw. Borrower shah pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />..ny amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />- amounts shalt be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />dolt of disfst:rsement at the raft 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 shah 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 />°~y any action hereunder. <br />8. Ittsptettloa. Lender rosy make or cause to bt matte reasonable entries upon and inspections of the Property, provided <br />j *_hat Lender shalt give Borrower notice prior io any such inspection specifying rcasonahle cause therefor related to Lender's <br />interest in the Property. <br />9. Cortderetastloa- The prxceds of any award or claim far damages, direct or consequential, in connec[ian with any <br />condemnation or other Taking of the Property, or part 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 />whit the exczss, 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 shah be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal 3o that proportion which the amount of the sums secured by this Aiortgage 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 />ff the Property is abandoned by Borrower. or if, after notice fiy Lender to Borrower that the condemnor offers to make <br />an award or set8e a claim for damages, Borrower faits to respond to Lender within 30 days after the date such notice is <br />matted, Lender is authorized to collect and apply the prxceds, at Lender's option, either to restoration or repair of the <br />Property ~r ra rl,. .,".^.s secared by this r¢gsge. <br />Unless Lender and Borrower aherwise agree in writing, any such application of prxceds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs E and 2 hereof or change the amount of <br />such instal9ments. <br />iB. Borrower Not 1?:ehtttsed. Extension of the time for payment or modification of amortization of the sums secured <br />by ibis Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, <br />the 9iability of the original Borrower and Borrower's successors io interest. Lender shall not be required to commence <br />prxtedings against such successor or refuse to extend time far payment ar otherwise modify amortization of the sums <br />aerated by €his Mortgage by reason of any demand made lay the original Borrower and Borrower's successors in interest. <br />II. Irttrbearante by I.errder Net a Waives. Any forbearance ~y Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt 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 shall net be a waiver of Lender's <br />right to accelerate the maturity a# the indebtedness secured by this Mortgage. <br />22. Retaedies Comatlative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by 9aw or equity, and may he exercised concurrently. independently or successively. <br />23. Sattessors and Asserts Boaad; Joint amd Several Liability; Captions. The covenants and agreements herein <br />contained shat! 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 am? agreements of Borrower shall be joint and several. <br />Tilt captiaats and Iteaceirgs of the paragraphs of this Mortgage are for convenience only and are not to t>e used to <br />interpret ox define ¢he provisions htreaf. <br />t+l. Tfotect. Except far any notice reyuired under nppiecabit Saw ro be given in another manner, (a) any notice to <br />Burrower I,"Irovided for in this Mortgage shall ht given by mailing such notice by certified mail addressed to Berrowtr a! <br />the Prr'tperty Address ar ad such other address as Borrower may designate by notice to Lender ;ss provided herein, and <br />ik3 any t;atice is I.tncier strati he eiven by certittd mail, rerun+. receipt regl;asled, to Lender's addre~ s€ated her_Eu or to <br />such c!)ttr address as Le:tdtr may designate by votict to Barniw~tr as pntvidtd herin. Any notice provided for in phis <br />Martgagt she:}! be t¢~cen:td to have k;ttn givers !o Borrctwe!' ,.:r lender whin gi:°tn in the mamser clasigra¢td herr;in. <br />td. Uetllornn C'Ulortgage; Goveradne I~w: Severabetity. T)ris form of mortgage se-mhines uniform cov=vauts for national <br />use and non-a:rifarm coverants with limited variations by jurisdiction [o consliutte a unifomr 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 9aw, such rnndict shall not affect <br />other provisions of this Mortgage or the Nate which can be given effect u•ithaut the conflicting provision, and to [his <br />end the provisions of the lvfortgage trod the Natc are declared to be severable. <br />Ifi. Borrower's Copy. Borrower sha9l be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. 'i'raavfer of the Property; Aaatmption. If alt or any part of the Propeny ar an interest therein is so?d or transferred <br />by Hon•asver without l.endtr's prier written consent, excluding (a) tfie creation a1' a lien or encumbrance suboNinste to <br />Yhis Mortgage, (h) the creation of a purchase money security interest for household appliauces, tc) a transfer by devise. <br />dta;tent cx by aperatien of taw upon the death of a joint tenant or id) the grant of any leasehold inreres¢ of three vean or ?tss <br />not c:atttaining an uptio:a to purchase, Lender may, .ti L.cnder's option, declare ail the sums secured by ttris Mattgage to he <br />immediately due and praynbie. Lender shalt have waived such option ro accelerate if, prier to the salt err transfer, Lender <br />and I;he l,terson to whaim t}u; Property is to be sold or transferred reach agreemtnnt in writing the[ the credit of sucfi ptrsan <br />is sa¢is~.'actary to lender sand ;hat thr. interest payatsie on the sums secured by this Mortgage shall he at such sate as Lender <br />shall letiry,test. if i.tnder ha.s waived !M: opiiar, zo accelerate provided in this t~tu'agr'aph 17, and ii Borrower'-s successor in <br />in[ertsc lass executed a written assumption agrttntent accepted 9n writing by Lender, Lender shall release Borrower from ail <br />obligaiians under this Mortgage and the Note. <br />If Leader cxttcisa' syrctt option io accelerate, 1_etader shall mail Borrower notice of acceleration in accardanct with <br />parag(aplt '14 hettof. St~i<1'r rlotsce she?! prnpide a ><°eiod of nx?C !t_s 'bar; t!? t;Vay- frc,,;t ing dais the n - e3 ~aiicd ~.vithin <br />which Borrower may pay t9te sums dec9ared due. If Borrawtr fails to pay such sums prior ¢a eha expiration of such pretext, <br />Len~~r rteay, sviihaw f;.s Ehic; ,-,rte .•,r dcniae3d ou iiarrowzr, invokt any remedies permitted by paragraph I8 hereof. <br />Nosy-Uwrt'oa[w Covr;,rs,st:ss. Borrower and Leader further covenant and agree as fol9ows: <br />28. Ascelerafba+ BGrlatedita. !?scept ~ prorided in paragraph 17 hereoF, upon Btareower's breach of axy covenant or <br />q+rnem~rN of Borretver in skis Mtxtgagq iacludlag fke covenants to pay wbtn dot any sums secured ky tkix Mortgage. <br />i,t9adtr prior to ~rxlarallr~a t n.srt €artire to Batrewer as ptavided in paragraph 14 bettoe .specityettg: 11) the breach; <br />sal t~ ~ete.a ~~..tmx :~ ,.u~ ..,~~ .~ <br />-- - ~° °~~ ~A °"` ± iii a dais, trot eras: ikon 3+i days erom tut daft rite rretke is mailed to Borrower, <br />try wA4ei sack bae~h roast bt cured; and (42 ikat faBure to cure such breath on or 6etare the date specitkd in the twtirt <br />may r+srmit in atceitratbn of Net soees aerated by Ibis iNtrttgtrge, torecbaart ky jadecial prottediaK sad salt oe the Property, <br />Tfae notkt shalt tariktr kaforar Borrower of the right to reinstate alter accetertttba and tbt right to astttrt is tbt foreclosure <br />~protteadi~ ~ m+a•as!stguze oe a daeeuit or eay other deflect of i~rrnrrer to atceitratioa and forecloxurt. If tke ttrrach <br />ie eat sntr€1 tsa or bifvrt ter txt sptti6x;d la tt~ aodr..t, Leader at I.rreder's apiioa may declare aB of eke auras secured by <br />~ Leg-'tgsge to 6e lrsssaediately doe a[~ payaGk sritbout fustker +Iemaad and may ferw:iasc by judicial Prrtcetding. Leader <br />*~ l;a: wai+ ~d k+ to,~.ri i® sulk procetet~ ap expenses of fortcWsurt, iucladGag, iwr net itm#td to costs oe aotarnettwry <br />xvi;'.~Qra,~`-,~~t3 tfisG re~tris, <br />19, Borrr~ttt'a 1%irhe t )3eit~x~- ?~~,€ve rh a ~ n~ a ..tom -_ <br />Borrcwtr s#:aei have the rtaht t4 Ftuve 3„v pr,nY a '• t, s ; t., n~-- sc~;..ared c; tuts Mortgage. <br />~ t"a..•[ e ;„ tt ~„•,,~.~ ,,., +,,,ngagc; dxccunrmu~ at any Lima <br />