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~~~.~, ~1t~ ; 35~ <br />Lender's written agreement or applicable law. Borrower shall pay t}se amount of a6 mortgage insurance premitmta in the <br />manner provided under paragraph 2 hereof. <br />Avy amounts disbursed by I_ertder pursuant to this paragraph ?. with intenest thereon. shalt become additional <br />indebtednesc of Borrower secured by this Mortgage. [;nkss Borrower and Lender agtce to other temu of payment. such <br />ansounts shall be payable upon rwtice from Lender to Borrower requesting payrrtent tfttreof. aril shall bear interest from the <br />date of disbursement at the rata payable from time to time on outstanding principal under the Noce unless p:pment of <br />"rnterest at such rate would be contrary to applkahk law, in which event such amounts shah bear intttist at the highest rate <br />permiserble under applicable law. Nothitsg coretairted in ttsis paragraph 7 shall require Lrndtt to incur any expense or take <br />nay aMion hereuodtt. <br />8. Iwspeetiaw. Lender may make or cause to be made reasonable entries upon and inspections of [he Property, provided <br />that i.endtt shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Cowdemwatbn. The proceeds of any award or claim for damages, direct or conseq»ential. in connection with any <br />condemnation or other taking of the Property, or part thtteof, or fur conveyance in lieu of condemnation, are hereby assigired <br />and shall be paid to Lender. <br />In the event of a rota! taking of the Property. the proceeds shall be applied to the soma secured by this Mortgage, <br />with the excess, if any. paid to Borrower In the evrnt of a partial taking of tbe Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage sash pmportibn of the proxeds <br />_ as is equal to that proportion :~hich the amoum of the sums secured by this Mortgage immediately prior m the date of <br />taking bears~to rise fair market value o` the Property immediatey prior to the date of taking, with the 6atance 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 often to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized io soiled arrd apply the proceeds. at Lender's option, ether to restoration or repair of the <br />Property nr to the sums secured by this Mortgage. <br />Ltnle_•s t~r;•!•r and a,.rrewar cther::isy sa-ri:e in wiling, an. such application of proceeds to principal shah not extend <br />or postpone the due date of the monthly installments referred to in paragraphs) and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Nof Rekseed. Extension of she time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lr~eder fo any successor in interest of Borrower shat{ not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors fie interest. Lender shall not Fse required to commence <br />procsedings against such suaessor or refuse tv extend time fur payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of arty demand made by the original Bvrmwer and Borrower's successors in interest. <br />1 t. Forttearawce by [.ender Not a Waiver. Any I'nrlsearance by Lender in exercising any right yr remedy hereunder, or <br />otherwise afforded by applicable law, shall not lre a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of imurance or the payment of taxes or ether liens or charges by Lender shall not be a waiver of Lender's <br />right to acceleratt the maturity of the indebtedness secured by this Mortgage. <br />t: °eaedies C®nh6lve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or eyuiry, and may be exercised concurrently. independently or successively. <br />13. Successors sad AtaiRas honed; lame awl Sererd I.ia68ity; Captions. The covenants and agreements herein <br />contained shall bind. and the fights 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 or define the provisions hereof. <br />t~E, Notice, Except for any notice required under applicable law to be given in another manner ta) anv notice to <br />Harrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed tv Borrower at <br />the Property Addrest or at such other address as Borrower may designate by notice to [_ender as provided herein, and <br />fb,l army notoce to Lander shall be given by certified mail return receipt requested. m L.rnder's address stated herein er to <br />such atlser address as Lender may designate by notice to Burrower as provided herein. .Any notice provided for in this <br />Pv°artgage shall rte deemod to have beers given to Borrower yr lender when given in the manner designated herein. <br />33. I!rsiform Mart(;age; Goeerrsvg Law; SererabBity. This form of mortgage combines uniform covenants for national <br />and nxt-uniform covenants with limited variations by jurisd;ervn tv constitute a wsifetm security irstremer+.t cvvetv^.g <br />real praprrty. 'Tis4s Mortgage shall be governed by the law of the iurisdfction in which the Property is located. In the <br />even :hat 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 />etrd the provisions of the Mortgage and the Note are declared to be severable. <br />1& Borrower's Copy. Borrower shalt be Furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Trawsftr of the Property; Asermpt)on. If all or 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. Eb) the creation of a purchase money security interest for household appliances, (c) a ?ransfer by devise, <br />descent or by operation of taw upon [he death of a joint tenant or fdi the grant of any Ieaxlxsld interest of three years or less <br />oat containing an option to purchase. Lender may, at Lender's epuon, declare all the sums stored by this Mortgage to be <br />im>rrediarcly due and payable,. Lards:r shalt have waived such option to accelerate if, prior to the sale nr transfer. Lender <br />and ttw: person tv whom the Property is to be sell or transferred reach agreement in writing that the credit of such person <br />is satisfaetar- to 'L.andcr and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall rsgscest. if I_rnder has waived the option to accelerate provided in this paragraph 17, and if borrower's successor in <br />interert has exec ueed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from alt <br />obligatwns under this Mortgage atsd the Noe. <br />If Lends: ezercrises such option to accelerate. Lender shall mail Borrower nonce of acceleration in accordance with <br />paragraph tS txreof. Such notice shall provide a period vi not lea than 30 days from the bate the notice is model within <br />which Borrower may pay tIce sums declared due. If Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender tray, without further notice or demaixl on Borrower, invoke any remedies permitted by paragraph [ B hereof. <br />N~rrt-urvsz=oarw ;;c~z~.a>+-rs. 3c.rrower and lender further covenant and agree as follows: <br />16, Atederafian; Reodbes, Fseept as provided m patragrrpi 17 hereof, open ttorrowe2s brsaei of aey certsaoi or <br />a;rteosnt of borroaver is tmrt =slori~e, iocfnd"mg tbe covcrtaoea to pay whey doe any sntaa sectrced by fhw Moryp`c, <br />Leader ~tiar m scstikrobw siw6 wrath notice to tlnrrewer as provided in paragraph t4 hereof apecifyirrg: (t) the breach; <br />(2) llte aetlot ragtYrsd to care much trench; t3) a daft, wW lone thaw 30 days from the date the twtke k mailed to ltorroweq <br />!ry whisk aaeb breaeb owe Me cttrsd• awl (4) that (aYwre to care swcb Itreaeb ow of before the date rpeefBed is the notlee <br />aaaY rtaab ip #ertMrallan o! the arm tectntd by thq Martf(ttte, fareclestae by jadkia! prateediwg rod sale of the Properly. <br />7'be soles sirR fratber iriann Ibrrawtr ssf ibe r(Sbt in reiwNate sftw acceleraliow and the rialn to assert io ttw tnreclns...e <br />peawerltrtg the wow~talalaace of a delark or nay osier Aefeaas of eorrawer to irsceteraUon end lereslaaare. if the Intacb <br />is wsa saasd as or blare the date speeibad h tie watke. Leader at teadmss option rway deeitre all o[ the ss~s secured by <br />iii Mae~e o be foexdiateiy dse and paywWe without tnriber dearaad tad arty foreclose by jadkld pruceedi~. I,essder <br />siril hr ewtitled b cwlfect m aneA praoadisg aN eapsasea of lereclasare, inelaAw{, bW not Bolted to, aorta of dacrmerttary <br />evitt~ce, abalraers oral 31Ht rtporta. <br />:#• iarrewsta ~ to Raillsilwe. Notwitiattndmg ixader's accekrattvn of the .urns secured by this Mozy(age. <br />Bnrtawar sisall hoot the rlglµ to have any prsscealiags tsegun by I.endsr to cnfwsx tiffs Mongags dixonunssed at anv ume <br />