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Farm 34$ B ~d~ ~} ~-! ~ ~ 3 ~ <br />Lender's wrinen agreement or applicable law. Borrower shall pay iM amoum of elf mortgage snsurance premiuats iv cite <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant !o this paragraph 7, with interest therm, shalt become additiorrai <br />indebtedness of Borrower secured by this Mortgage. Uniesss Harrower and Lender agree to attar terms of paymem. such <br />ama~nts shah be payable upon notice from Lender to Borrower requesting payment thereof, and shad bear interest from the <br />dais of disbursement at the rate payable from tithe to rinse on artstaading principal antler the Note unless payment of <br />interest ai such ra!e would be contrary to applicable law, in which event such amoums shalt bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shah require Lettder to inenr say expense rir take <br />any action hereunder. <br />8. lrtspeetioe. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connx[ian with any <br />wademnatian ar tithe-r 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 zvent 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 shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the 2mount of the sums secured by this Mortgage immediatety~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 />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 fails to respond to Lender within, 3~ days after the date such notice is <br />matted. Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unizss Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend <br />or postpone the rive date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Linder to any successor in interest of Borrower shalt not operate to release. in any manner, <br />the liab'vlity of the original Borrower and Borrower's successors in interest. Lender shad not be required to commence <br />prceeedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Aortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or 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 other liens or charges by Lender shat) not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />1~: Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by taw or equity, and may be exercised concurrently, independently or successively. <br />13. Snceessors and Assigns Bound; Toint and Several LiabTW; Captions. The covenants and agreements herein <br />contained shall 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 and agreements of Borrower shall be joint and several <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret ur define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to <br />Borrower 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 other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice io Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein ar to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shalt be deemed to have been given to Borrower or Tender when given in the manner designated herein. <br />1'. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for natiora[ <br />use and non-uniform covenants with Limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. 'ibis 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 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 he severable. <br />16. Borrower's Copy. Borrower shall he 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 al! ar any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written 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 by operation of law upon the death of a joint tenant or fd) the grant of any leasehold interest of three years or less <br />not con[aiaing an option fo porcl2ase. Lender may, a[ I-cnder's option, declare all the sums secured 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. I-ender <br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on [he sums secured by this Mortgage shall he at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Bar rower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall nrovide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared doz. If Borrower fails io pay such sums prior to the expiration of such period, <br />Lender may, without farther noticz or demand on harrower, invoke any remedies permitted by paragraph 13 hereof, <br />Mort-UNIFOaM CoveNanis. Borrower and Lender further covenant and agree as follows: <br />-_ ~ 18. Acce12ra4on; Reneedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />- agreement of Borrower io this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />`~ Lender prior to acceleration shill maB notice to Harrower as provided in paragraph 14 hereof specifying: dl) the breach; <br />-_~ !7\ a6a o.,}:+....e....t~vA a.. ,.,.~ ....,.,. a,~...._a.. pia .. a_'_ __~ e__ .~__ .ten ~_- - e-_ <br />+~y+++aw au cuac auaa, uacxu~ ,.ir a uaac, ova scan anon .~V uayn arum th - e ine notice is maiiea' fo Borrower, <br />by whieW+such breach muse be cured; sari (4) that failure to cure such breach on ur before the dale specified in the notice <br />may result iu acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The notice shall further inform Harrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the nun-exivfeace of a default or any ether detertse of Borrower to acceleration and foreclosure. If the breach <br />is nM cured on ar before the dale specified in the notice, Lender at Lender's option may declare all of the solos secured by <br />this Mortgage to 6e immediately due and payable wHhout further demand and may foreclose by judicial proceeding. Lender <br />shag be entitled to cuBeci in sacs proceeding ail expenses of foreclosure, itcluding, but not limited lo, costs of documentary <br />zvldeace, aa`atraets and title rzpuris. <br />i9. Borrower's Rleht to Reitt&taie. Notwithstanding Lender's acceleration of the sums secured by this !Mortgage, <br />Bouower shalt have the riebt to have any proceedings Imgun by Lender f+~ enforcz this Mortgage discontinued at any ti!ve <br />