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t""" <br />$ ,~ ---U ~ (~ 61 ~ <br />Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided ender paragraph 2 Hereof. <br />Any amount; disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become addstional <br />indebtedness of Borrower secured by this Mortgage. Unless Harrower and Lender ag^e 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 />date of disbtlrs@ment at the rate paynHlc from rims to time on outstanding nrinaipal under iHe Nott unless payment of <br />tntinest at such rate would be contrary to applicable law, tit which event such arnounta shalt bear interest at the highest rate <br />pordriseiiiie under sppicable-taw. I3otiting contained in Phis paragrapH 7 shag require Lender to ireur any er~:,rss or 4aFe <br />any action hereunder. <br />8. lEtwpecdon. Lender may make or cai.•ae to be made esasonaHle entries upon and inspeMions of the Property, provided <br />that Lender shelf give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender`s <br />interest in the Property. <br />9. Caademtiatbti. The proceeds of any award or claim far dawtages, direct or consequential, in ednneMion 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 />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 amount of the Sams secured by this Mortgage immediately prior to the date of <br />takirtg 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 ofiters *.o 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 aerthorized 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 />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly instatiments referred to in paragraphs 7 and 2 hereof or change the amount of <br />sucfi instatiments. <br />it-. BoRes-er Not Released. Extension of the time for payment or modification of amortization of [he 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 ir. interest Lender shall not be required to commence <br />proceedings against sucfi successor or refuse to extend time far pa}'ment or otherwise modify amortization of the sutras <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Far6eartmce try Leader Not a Walvee. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise affiorded by applicable taw, shat! 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 shalt not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this 3iortgage. <br />12. Remedies CnmalaHve. Ail remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equit}•. and may He exercised concurrently, independently or successively. <br />13. Seccessars and Assigns Bound; Joint and Several i.iabllity; Capfioas. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successats 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 far convenience only and are not [o be used to <br />iate:pret or define the p:avisians 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 fhis 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 to Lender shall be given by certified mail, retort, receipt requested, m Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided heroin. ,4ny notice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Urdform Mortaage; Governi~ Law; Severabilhy. This form of mangage combines uniform covenants for national <br />use and non-uniform covenants with limited variatiors by iurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the taw of the iurisdiction 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 ar the Note which can t+e gn•tn etlect without the conflicting provision, and [o this <br />end the provisions of the Mortgage and the Note are declared te: be ~-tverable. - ~ - - ---- -- <br />16. Borrowers Copy. Borrower shalt be furnished a conformed copy of the Note ani4^opsihll~"Mbitgage at the time <br />of execution or offer recordation Hereof. ~"`"" -` ' t~ <br />17. Transfer of the Property; Astaunpiion. if all or any part of the property or an intererein is sold ar transferred <br />by Borrower without Lender's prior written consent. excluding +a, the creation of a lien or biicumbrance subordinate to <br />this Iv.ortgage, tb) the treat+an of a purchase: money ue-::nty interest for household appliances. (c) a transfer by devise, <br />descznt or by operation of law upon the death of a joust tenant or <br />Lender may, at Lender's potion, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shalt have waived such option to accelerate if, prior to the salt or transfer. Lender <br />acid the person to whom the Property is to bt sold or vansferred reach agreement in writing that the credit of such person <br />is satisfactory to Linder and that the interest pa}able on the sums secured by this Mortgage shalt be at such rate as Lender <br />shall regiiesi. If Lander }tar waived the option to aceelerate provided in this paragraph 17, and if Borrower's successor in <br />interesE has executed a written assumption agrtemem accepted in writing by Lender. Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises stxh option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph l4 hereof. Such notice shalt provide a penal of not less than 3D days from the date the notice i~ mailed within <br />whieH Borrower may pay the sums declared duo. if Borrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further noticc or demand on Borrower. invoke any remedies permitted by paragrapH I R hereof. <br />Note-U:•tiroatt Cav€tietrrs. Borrower and Lender further cotenant and agree as (allows: <br />16. Aceeiersiion; Rcmedks. Brtcepi as provided io paragraph t7 hereof, upon Burrowers breach of any covenant or <br />agrtt0reiit of Borrower in tfik Mortgage, including ifie covenants to pay when elite any sums secured by this Mortgage, <br />Lender prior to acceleriitbn skull mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; <br />(2) the actba r~nired to cure snch breach; t,3) a date, not teas thou 3Ei days from the date the notice is tootled to Harrower, <br />by width sucfi breacfi miwt be tilted; and i4) drat failure to cure such breach no or before rite date specifred in the rrotke <br />rtafy trash la iucekratioo of [Ae sums set=cared by tfils Htortgage, toreclosure by judi¢ial proceeding slid. safe of the Property. <br />Yfie not3ee stiaB farther Infurm.l3orrower of tfie r~ht to reHtstate after act@leratiwt and the right to assist in [be foreclosure <br />praccdirg the son-existence of a defatdt or any other defense of Borrower to snceleration and foreclosure. If the breach <br />' is cwt eared on w before the elide spcciBed in the troiice, l,ettder at Lender s option may declare alt of the sums secured by <br />rtib MwstEage to tx immedbtely doe and payable without further demand sad may (orec{ose by judicial proceeding. Ixoder <br />slasH be enililed to collect in sucfi proceeding atl expenses of toreclosare, iaeludtn({, but cwt limbed tu, costs of ducumeatary <br />artdance, tihairxts ittbt title repOrtik <br />Lp. 71POrrosi~at's t3i~t to Reiissiai@. Alutwithstandtag Lender-s sccsleraUan of the Sums secu,tid by this Mortgage, <br />Botrawtx shat) Have the right to Have any pixx'@@dings begun by Icudzr to eaE'orce the blortbage iliscuntinued ,n any' un!a <br />