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<br /> <br /> <br /> <br /> <br /> <br /> Lender's written aTrce.'ttrrtt or epplicatt4c law, &rrrb'wer shall pay' the aria;t"tt of all ftttr:t;a~ mitara',"e Premiums ~n the <br /> manner provided under paragraph 2 hereof. <br /> Any amounts disbursed by Lander pursuant to this paragraph 7, v.ith interest thereon sit r,' . '+ecorrsti additional <br /> orrrwrr secured by this &Satdgxge, Unless Borroarcr and Lender agree to other to,'titt of ptt)^MCnt, Duch <br /> indrt?tsdnc:s of lt <br /> j <br /> gtntnt O <br /> antoucts shall be payable upon notice from Under to 0O on ctu~tstaandingyp principal iunder the. Ncte 1xunlesf pr f t <br /> date of disbursement at the rate payalsle .turn time to time <br /> interest at such rte would be contrary to applicable hear, in which event .such amoto irtcuar 9 ei or take <br /> permixsiNt c under applicable law. Nothing contained in this paragraph 7 ,gall require <br /> any action hereunder. and inspections of the I'rnrie ty, provided <br /> S. Itrs-pection. Tinder mw_r make or cause to be made re onable entries upon <br /> that Lender shall give Borrower notice prior to any such inspection specifying reasonable came therefor retated to Lender's <br /> :r,TcrcSt in the Property, <br /> 9. Condemnsition. The prtwteds of . ny award ca claim for ditmages, direct or consequential. in connection with any <br /> condemnation or other taking of the Property. or part thereof, nr for conveyance in lieu of o mdcritnation, are hereby assigned <br /> and shall be paid to Linder. <br /> In the event of a total taking of tlhr Property, the proceeds shall be applied to the sutras. secured by this Mortgage, <br /> with the cxce-cs. 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 Mired by Ibis. Mortgage such proportion of the proceeds <br /> as is equal to that proportion which the amount of the sums secured by this Mortgage immedialely 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 prmccds, <br /> paid to BorrvAct. <br /> If the property is abandoned by Borrower, or if, after notice by Gender to BorroNvrr that the condemnor offers to make <br /> an award or scale a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br /> mailed. I-cndcr is authorixcd to collect and apply the proceeds, at Lender's option. either to restoration or repair of the <br /> Propiny nr to the ,ums sccurcd by this Mortgage, <br /> unless Lender and Borg cower otherwise agree in writing. any such application of proceed,,; to principal shall not extend <br /> or pc,stl c±t►c the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br /> such installments. <br /> 10. 'Borrower Not Relcrcce-d. Extension of the time for payment cr modification of amortization of the sums secured <br /> by this Mortgage p_rantrd by Lender to arty successor in interest of Borrower shall not operate to release, in any mariner, <br /> the liability of the o6ginal Borrower and Borrower's successors in interest. Lender shall not bs required to commence <br /> proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br /> secured by this Mortgage by mason of any demand made by the original Borrower and Borrowers successors in interest. <br /> 31. Fr -bearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br /> nthcrwise ,rdcd by applicable law, shall not be a waiver of or preclude the exercise of any such right or temedy. <br /> The procurem.-ni of insurntice or the payment of taxes or other liens or charges by. Lender shall not be a waiver of Lender's <br /> i-.yht to accelerate the matarity of the indebtedness %ecured by this Mortgage. <br /> 12. Remedies C:.smulat3re. All remedies provided to this Mortgage are distinct and cumulative to any other right o• <br /> remedy under this Mortgage or afforded by law c,r equity. and may be exercised concurrently. independently or successively. <br /> 13. Successors and Awigns Round; Joint attd Several Liability, C*ptiom The covenants and agreements herein <br /> contained shall bind, and the rights hereunder shall inure to. the trspective successors and assigns of Lender and Borrower. <br /> siibject 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 he used to <br /> interpret or define the piovisions hereof. <br /> . 14. Notice. Except (of any notice required under applicable law to be given in another manner, (a) any notice to <br /> Borrower provided for in this Ma.'gage shall be given by mailing such notice by certified mail addressed to Borrower at <br /> the Property Address or at such other address ai Borrower may designate by notice to Under as provided herein, and <br /> (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br /> such other nddress as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br /> Mortgage %hall bt* deemed to have been given to Borrower or Lender when given in the manner designated herein. <br /> IS. Uniform Moftne: Governing Law; Severability. This form of mortgage combines uniform covenants for national <br /> use and non-uniforrn covenants with limited variations by jurisdiction to constitute a uniform s.-curity 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 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.Notc are declared to be severable.. <br /> 16. Borrowers Copy, Borrower shill be furnished a conformed copy of the Note and of this Mortgage at the time <br /> of execution or after recordation wereof. <br /> 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred rdinate by Borrower without Lender's pricer written consent, excluding (a) the creation of a lien or enc mba nce scr~by devise, <br /> this Mortgage. (b) the creation c, a purchase money security interest for hotnehold appliances. <br /> descent 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 an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br /> immediately due and payable, Lender shall have wrivcd such option to accelerate if, prior to the sale or transfer. Lender <br /> anal the person to whom the Pro;vrty is to be sold or transferred reach agreement in writing that the credit of such person <br /> is sarisfa.c foxy to Lender and that the interest payable on the :;umf secured by this Mortgage shall be at such rate as Lender <br /> shall rrgt?cst if Lender has waived the option to accelerate provided in this paragraph 17, and if Norrowet's successor in <br /> interest has executed a written assumption agreement accepted in writing by I_entS.r, Lender shall release Borrower from a►,l <br /> obligations under this;t.ortgage and the Note. <br /> If 1_cndcr cxercis,_s such eption era accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br /> paragraph 14 hereof. :Stich notice shall provide a period of not less than 30 days from the date the notice is mailed within <br /> ul ich Borrower may pay the sums declared due. If. Borrower fails to pay such sums prior to the expiration of such period, <br /> Let;'r.t may, without further notice or demand on llorrovcr, invoke any remedies permitted by paragraph 18 hereof. <br /> No,4ANiT-orist CbVT-NAvTS. Borrower and Lender further covenant and agree as fellows: <br /> 18. Avetleratlon• Remedies. Except as provided in paragraph 17 bereof, upon Borrower's breath of any covenant or <br /> ag,reemtzil of Borrower to this Mortgage, Including the covenants to pay when due any sums secured by this Mortgage. <br /> U;: Aer prior to acceleration shall snail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the bracht <br /> (2) the action requited to cure such breach; (3) a date, not learn than 30 days from the date the notice Is mailed to Borrower. <br /> by which such breach mast be cured; and (4) that failure to rare such bremb on er before the date specified In the notice <br /> may mutt In acceleration of the suns wured by rhis lilortaage, foreclosure by jmdichl proateding and nit of the Property. <br /> ne notice sh*11 further inform Borrower of the right to reinstate after occeleratlon and the right to asu.ert is the fonrctomm <br /> prod-ediag the rrnnexlsarTace of a default or any other defense of Borrower to acceleration and fwmcloiare. If the breach. <br /> is not c-vred on or before the date specified In the notice, Lender rt Lender's optkjas may declare 311 of .fie scams secured 5y <br /> tats Mort„ ag'r to Lie immediately due and payable without further tsrmand sad may foreclose by jmiitital proeeit ding. Under <br /> shall he enbAed to collect in such proc~etdingg all expeaus of foreclowre, bscludiing, but riot ilaw'ded to, coal of documentary <br /> evidence, atz> mcls and dale reports. <br /> 19. Rorrower's Right to Remote. Notwithstanding Lender's acccleraaiVin of the sums u cured by this Mortgage. <br /> Born wcr shall have the tight to bsvt "y procxedinp begun by Lender to enforce this. Mortgage discontinued at any time <br />