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<br />Lender's writtea agrrr_ment or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shalt become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall bear interest from the <br />data of drsbursement at the rata payable from time to lime on outstanding principal utrder the Nate unless payttrent of <br />interest at such rate would be con{rary to applicable law, in-which event such amounts shal3 bear interest at the highest rate <br />permissrbie under applicable law. Nothing contained in this paragraph 7 shall require Lender to irzevr any expense or take <br />any action hereunder. <br />g, Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Londe; shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. CorrdemnaHon. The proceeds of any award or claim for damages, direct or consequential, in cmnneUion 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 Che event of a total taking of the Property, the proceeds shat: 'rte 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, share shalt he 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 prier to the date of <br />caking bears to the fair market value of the Propem• immediately prier 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 Borcower that the condemnor offers to make <br />an award or settle s claim for damages, Borrower fails to respond to Lender within ?0 days after the date sash notice is <br />mailed, Winder is aulhorized in coi}ect and apply the proceeds. ar Lender's option, either to restoration or repair of the <br />Propetty ar to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone Cbe due date of the monthly installments referred to in paragraphs t and ?hereof ar change the amoemt of <br />such installments. <br />IQ. Borrower 1'Vmt Released. Extension of the time for payment or madificaCion of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner„ <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment ar otherwise modify' amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />1I, Forbearance bS Lender Not a Waiver. Any forbearance by Lender in exercising any right ar remedy hereunder, or <br />otherwise 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 ar ether liens or charges by Lender shall net be a waiver of Lender's <br />right za ar-ceterare the maturity of the indebtedness secured by this Mortgage. <br />IZ. Remedies Ctmrulative. All remedies provided in ffiis Mortgage are distinct and cumulative to any ether right or <br />remedy under this Mortgage or afforded by law ar equity, and may he exercised rnncurrently, independently or successively. <br />13. Successors and Assigns Bound; joint and Several T.iabitity; Captions. The covenants and agreements herein <br />contaired shall hind, and the rights hereundeF shall inure to, the respective suceessars and assigns of Lender and Borrower. <br />subject to the provisions of paragraph t? hereof. :tld covenants and agreements of Harrower shall be joint and several. <br />7lre captions 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 />14. fS'tgtire. Excapr for any ratios required udder applicable law to be given in another manner, (a) any ao{tce to <br />Hon•awer provided for in this Mortgage shall be given. by mailing such notice by sort"sfied mail addressed to Borrower at <br />'hs PropeCey :address ar ,rt s~clt other address as Harrower Wray designate by nonce to i,..sndsr as pravidrd hs~rstn, and <br />(6) any natiss io 1_endsr slral[ be given by certified mask, return receipt reyussisd. to L.ender's address stated herein car to <br />such a{hsr itddrrsc as Lender rosy designate by native to Borrower as provided herein. Any notice provided for in this <br />~aartgags s ;alt F,~ d coed to bane bozo given to isartrowsr or tender wfien given in the manner designated herein. <br />I5. Uniform Mortgage; Governing Law: Severability. This form of mortgage combines uniform covenants far national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument rnvering <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 Nate 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 be severable. <br />16. Borrowers Copy. Borrower shall fw furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />1~. 'Cransfer of the Property; Assurnpfion. If all or any part of the Property or as interest therein is sold or transferred <br />by Harrower without Lender's orior written consent, excluding (a) the creation of a lien or encumbrance subordinate to <br />{his Mortgage, (b) [Fe creation of a purchase money security interest fas household appliances, (c) a transfer by devise;, <br />descent ar^ by operation of taw upon the death of a joint tenant or (d) the grant of any leasehold inteixa[ of three years or less <br />not containing an option to purchase, Lender may, at tender's option, declare all the sums secured by this Mortgage to be <br />immc.dialsly due and payable. Lender shall have waived. such option to accelerrte if, prior to the sale or transfer. Lender <br />and rh~a person to wham the Property is to bs sold or transferred reach agreement in writing that the credpi of sus:h person <br />is sa{isfastary to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall revues{. If Lender has waived the option to accelerate provided in this paragraph ]7, and if Borrowers successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shalt release Borrower from all <br />oblige{trans under this Mortgage and the Note. <br />Pf Lander exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph f4 hereof. Sash vatic ~ shall provide a perod of net !ess than 30 days from the date the unties is mailed wittrin <br />which Harrower may pay ebe sums declared due. ]f Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand en Borr~..sr, invoke any remedies permitted by paragraph t S hereof. <br />Naw-Uvteoant Covevewrs. Borrower and Lender further covenant and agree as follows: <br />1& Acceleration; Remedies. Except as provided fn paragraph 17 heeeoF, uptra Borrower's breach of any covenant mr <br />~raetneut mf Baarmwer in chi; MmrreaQe. in_etndtns f_6P r_ _a_,.m r., n ..,re.. a_..n s _ _ __ <br />_ ~ve~ _ _ .,,, ~...,... ~....~.r w., .w;e v.._.......,e <br />-- yr .vo ,.a.~.,~.gc, <br />Leader ptlmr to aeeekrafion shall maN notice !o Borrower as provided in paragraph 14rhereof specifying: (i) the breach; <br />(2) the artiou required ro cure snob bseach; (3) a date, not lei than 30 days from the dare the rrotkc is mailed to Borrower, <br />by whiek such breaslr oral be cored; and (4) that faBare to cuee such breach on or before the date specified in the notice <br />may result in aceeleration of the sums secured by this ltNortgage, foreclosure by judicial proceeding and sale of the Property. <br />1hs notice shalt farther inform Harrower of the right to reinstate after acceleration and the right to assert in the forecbsure <br />pdilag t-ra notr~exlsfertce mf a d¢fauN oe any other defense of Borrower to acceleration and foreclosure. R the breacd <br />~ ~ corm sm or bei'ore ti:.^ dote sp:c:fia :.' :a the noticee, Lender at Lersdar's optima may declare au of the alma secured 'oy <br />Mori.~.$_= to be im;tt;~iateiy a~.~ and pay'abl: wNhmvt furt'.rer demarsd aad t-nny furee}ose by juoiciai proceeding. tender <br />rkatl be entNkd to calFret in such proceeding aN expenses of foreclosure, iactadipg, bar not Ltmkad to; c~ mf dosnmsn~arv <br />ev`siitnee, al~tr~ts audi rifle reparia. <br />f4, Bormwet"s Bight to Ffeinstale. Notwithstanding Lender's a::scierat:an of she sums secured by this Mortgage, <br />$orrowcr shalt have th^ sight to grave any proceedings begun by Lentkt to cn iorcu tbs .Riarrgage dissantinucd a[ any time <br />