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Form 808 S <br />8Z_...t)Q2085 <br />Lender's written agreement 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 therwn, shall 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 />date of disbursement at the rate payable from time to tune on outstanding principal under the Note unless payment of <br />intents[ at such rata would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />peranissible under applicable law. Nothing contained in this paragraph 7 shall requite Lender to incur anv expense or take <br />any action hereunder. <br />8. IwperNon, Lender may make ar roux to be made reasonable entries upon and inspections of [he Property, provided <br />that Lender shall give Borrower notice prior to any such inspecfian specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coedearaa8oo. The proceeds of any award or claim far damages, direct or conugtrential, in connection with any <br />condemnation or e>efin 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 rota[ 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. fn the event of a partial taking of the Property, unless Borrower and Ixnder <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 annum of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Propert}• immediately prior to tfie date of taking, with the balance of the proceeds <br />paid to Borrower <br />1f the Properey is abandoned by Borrower, or if, after notice by Lender to Borrower that the condtmnor offers to make <br />an award ar settle a claim for damages. Harrower fails ?a respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property or is [Le sums secured by this Mortgage. <br />Lrnless I-ender and Borrower otherwise agree in writir+.g, anv such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Nof Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted b}• 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 />prer_etdings against such successor or refuse to extend time for payment or otherwise modify amortization of the cures <br />secured b}• this Mortgage by reason of an}' demand made by the origioa! Borrower and Borrower's successors in interest. <br />I1. Forberaraoee fry Lender Not a Waiver. .Am• farFtearance by Lender in exercising am right nr remedy hereunder, or <br />otherwise afforded by applicable (aw, shall not he a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of rases or other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the maturity of [fie indebtedness seared by this Mortgage. <br />I2. llemedies Cumulative. .All remedi-s prw:ded :n this Martgave are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law nr equity. and may be esrreiscd concurrently. independently or successively. <br />11. Sxceuora sad Arun boaod; Joint amt Several t.iability; Captiows. The covenants and agreements herein <br />contained shall bird, and rho rights hereunder shwa imrre to. the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 1', hereof. .4it eovenams and agreements of Borrower shall be jcint and several. <br />The captions and headings of the paragraphs of this Mortgage are for rnmenience only and are not to be used to <br />--'.rret ar dc;;re • ~ provisions hereoi. <br />nr 14. Notice. Except far any notice required under appScable law to be give^ in another manner, ta) any notice to <br />Borrower provided for in this Mortgage shall he gtven by mailing such notice by certified mail addressed to Borrower at <br />[he Property Address or at such other aodress as Borrower w designate by notice to Lender as provided herein, and <br />(b) an}' notice to Lender shall f,~ given by certified mad. return receept requested. to Lender's address stated herein or to <br />such ocher address- as Lender may designate be notice to Borrower as provided herein. ,•iny notice provided for in this <br />Mortgage shalt be deemed to i,ave been given to Borrower ar Lender when given in the manner designated herein. <br />13. Unitsxm Mortgage; Governing i aw; SeverahBih•. This form of mongage combines uniform covenants for national <br />nee and non-uniform eovenams with limited variations by jurisdiction to constinrte a uniform security instrumea[ covering <br />real property. This Mortgage shall ~ gos•erned 'nv the law of the iurisdictien in which the Property is located. in the <br />event that any provision or clause of this !~fongage or the Nate conflicts with applicable law, such conflict shall not affect <br />other pravisiars of this Mortgage or the 'yore which can be gtven effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Nate are declared to be severable. <br />Ili. borrower's copy. Borrower shall be furnished a confartned copy of the Note and of this Mor~aee at _the tip _ <br />of exevutien pr of±er recordation sereof. - - - ~- ~ ~- ~-- <br />1T. Ttaa$er of the Propatly; Assumption, If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's pricer written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money searin• interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant ar (dt the grant of any leasehold interest of three nears or less <br />not containing an option to purchase, Linder may, at Lender's option, declare all the sums secured by this Mortgage [o be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale ar transfer, Lender <br />acrd the person to whom the Property is to be sMd or iransterred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and the[ the interest pa}==able on the sums secured by this Mortgage shah be at such rate as Lender <br />shat! request. If Lender has waived the option to accelerare provided ir, this paragraph 17, and if Borrower's successor in <br />interesE has executtd a written assumption agreement accepted in writing by Lender, Lender she!! release Borrower from all <br />obligations under this Mortgage and the Note. <br />tf Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragragh i4 hereof. Such notice shad provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower ntay payy the sums declared due. If Borrower faits to pay such sums prior to the expiration of such period, <br />L.cader may, without further nutece or demand nn Borrower, marke any remedies permuted h}' paragraph 13 hereof. <br />NaK-IiHtFOatvt CovEw~nrs. Borrower ertd Lender further covenant and agree as follows: <br />l8. Actderadoa; Hesae~es, Escepi as provided is paragraph I7 hereof, upon Borrower's breach of any covenant or <br />that of borrower io Itttis 'Wort6agt. inclerdirrg the covenants to pay when due nay sums secured by this M1lotlRage, <br />I.eadsi psfrc to sccektalfoa shad mail nutlet to torrower as provided in paragraph 14 hueot specifying: (I) the breach; <br />(21 tie aetiaa rertgakrd to cart sorb bttach; i3) a dtgq nut teas than JO days from the date the ootke is mailed fo Borrower, <br />iY wiide sacs MmacM atasi fat cared; sad (4) that fadare to cure such breach oa or before the date specified in tie notice <br />ttsttg -taak ie secelatalion of flee corns cleated try this ~4lortttaRe, farecbsurt by judkial proctediaR and stele of the Property. <br />Tin trstirt tlrad tattier Norm borrower od' tie r~bf to reinstate after acctkration and the right to assert in the foreclosure <br />ptocasila~ tic wa-eaisteace of a defsmta or any other detente of borrower to acceittation and tortciautrt. If [fit breach <br />b erN cared art or idotc ttse Qett speeded in the twtice, under at Lender's option may declare ad of ttrt colas secured tr <br />dtls &t fie istmttdlattly doe and payable without further demand and may farecktse try jttdkisd proceeding. Ixndet <br />s(!a'd bs erttylt~ to eadect iw each procetdisg ad exaemes of tore€chtsutt, inclttdlttg, but not finked to, casts of docamtatarv <br />svtdtact, alldtacts awd Iitfe repatp. <br />19. 3Merawa~s ~! to mate. `iotwtthatarNirng Lasrder"s accelxiraaon of the sums sa'srured by this Mortgage. <br />dwrowet sts;tli have the right tv tutrc am } rrx;=exiittg+ },egun by 1 ctxdcr to enforce cho-s Mortgage ~Iiu'ontinued at anv t,mc <br />