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t <br />Form 808 B <br />. 81-VU2~~~ <br />Lender's written agreement or applicable law. Borrower shall pay the amount of al[ mortgage insurance premiums in the <br />mameer provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender egret to other terms of payment, such <br />amounb shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall !rear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall liar lntueat at the highest rate <br />permis~ble ttn~r applicable law. Nothing contained in this paragraph 7 shall t'equire Lender to incur any expertise or take <br />any action herwrrder. <br />& lbrpettloa. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shag give Borrower notice prior to any such inspection specifying reasonable cause therefor related ter Lender's <br />interest in the Properly. <br />9. CoaderoaNloa. The proceeds of any award or claim for damages, direct or consequential, in connection 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 6e applied to the sutra secured by this Mortgage, <br />with the excess, if any, paid to Borrower. to 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 sums secured by this Mortgage immediately prior to the daft of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, wsth 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 30 days after the dart 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 to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writin¢, any such app{ication of proceeds to principal shall not extend <br />or postpone the due date of the menthly installmenu referred to in paragraphs 1 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 Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of [he original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against wch successor or refuse to eztcnd time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any dtmand made by the original Borrower and Borrowers successors in interest. <br />11. Forbex>mee by Leader Not a Wdver. ,4m~ 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 or other liens or charges by Ixnder shall not fee a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12 Rnpediea C®elNlte- Al! remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remech under this Mortgage or afforded by law or equity. and may rte exercised concurrently, independently or successively. <br />la. Saeensan sad Arigss ]goaarrd; !nine sad Several LiahiNty; Caption. The covenants and agreements herein <br />contained shall bind, and the rights hereunder xhall inure to. the respeetivt successors and assigns of Lender and Borrower, <br />subket to tfie provisions of paragraph r7 hereof. All covenants and agreements of Borrower shall be joint and severe'. <br />The captiorrs and headings of the pazagraphs of this Mortgage are for cancenience only and are not [o be rued to <br />interpret or define the provisions hereof. <br />i0. Notke. Except fe,. env notice required under applicable law to be gir-en in another manner (a) any notice to <br />Borcower provided for in this Mortgage shall rte given by mailing such notice by certified mail addressed to Horrow•er at <br />the Property Address or at sucfi other address as Burrower may designate by notice to Lender as provided herein. and <br />!b) any notice to Lender shall be given by certifxd mail, return receipt requested. to Lenders address stated herein or to <br />such other address as Lender may designate by notice [n Borrower as provided herein. :4ny notice provided for in this <br />Mortgage shalt be deemed to have been given to Borrower or Lender whet. given in the manner designated herein. <br />13. Uniform Mor4<jage; Goverahrg Law; SeverabBity. This (orm of mortgage combing uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the inw of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the \[oce conflicts with applicable taw, such conflict shalt not affect <br />other provisions of this Mortgage or the Note which can be given effect witfiout the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are Jeclarcd to tx severable. <br />16. brrower'a Cary. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of exttcutiom or alter retardation hercaf. <br />17. Treader of the lroperty: AssaepHoa. If all or any part of the Property ur an interest therein is sold or transferred <br />by Harrower without Lerder's prior written consem, excluding fa) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (h} the creation of a purchase money security mrerest for household appliances, (c) a transfer by devise. <br />dt>ecetrt or by operation of law upon the death of a joint tenant or td) the grant of any leasehold interest of three yeah or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to ]x <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agreerent in writing that the credit of such person <br />is satisfactory ro Lender and that the interest payable un the sums secured by this Mortgage shall be ai such rats as Lender <br />shat! request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by I.ender. Lender shall releax Borrower from all <br />obligations under this Mortgage and the Nutt. <br />If Len~r exercises such option to accelerate, Lender shalt mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such rsotice shall provide a period of not less than 30 days from the daft the notice is mailed within <br />which Borrower may pay the sums declared dtre. If Borrower tails ro pay suc`• sums prior to the expiration of such period, <br />Lendc[ may, without farther notice or dtmand on Borrower, ;nvoke any rertudies putnitted by paragraph 18 hereof. <br />Nox-UwtmaM Covatuxrs- Borrower acrd lender further cuvtnant and agree as follows: <br />1B. Arre7esatlaai-Rese~es, Bateept ffi prori>~d is paragraph t7 hereof, apoe Borrower's breach of sap covenant or <br />of Mottawer ~ tyis Mor~age, iacladiag tits covsaaats W pay wtsea doe say wnra accrued by this Mortpge, <br />l,tader ptttar M acteieanika sine t~ trotlee to Borrower ~ provided is paragrapy 1L hereof specifying: tl) flee breacy; <br />E2} do arMan ra~altai M cure sorb broach; t3) s data, not less rhea 36 days from the date the entree /s mailed to Borrower, <br />iY wbicy nary Itntar6 rw~ bs eared, sad (4) that faihrre to cart sarh beeacb ea ~ before tie date speelBed la the aottrs <br />t na~lr itt arcdsratiaa of eye saris sacrued by t4k ;btortgage, forecrotwre by trrdicial proceedtaR sad wk of rho Propsr~y. <br />71M ttnl¢cs t-rrH Ifrtyer ydorw Baraotser a< eye right to reirtate attar acnkrMioo sad the dRit to araeri iw eye [areclsaare <br />M*tandlaE Bea oarr•esyateare of a dataali tie a1rY other deterre of Borrower 1o arcekratioa sad forerleaure. [f eye breach <br />M clot-espad oa ar before tie date sParYod lea eye aotke, Leader at Lender`s opine ataY trsclue aB or-the saner secured by <br />tfil, to -. Irar.adtwhly doe and pay~le «Nyoae rartlrer tiematrd sad eery rareckrre by jndicid praceedi.g. tender <br />sitlN is M caMect qt iacft praereediag aB sxptases ~ fweeleewe, lrclsd7og, bra act Bathed Eo, tetra of dacameatary <br />sviiprea, t~sels sled YWs repels. <br />!~, Aaerawerta ~ w Reirwlate. NtuwithstandinQ Lcrtders acceleration of the sums secured !ry this Mortgage, <br />(iorrerwer shall hart the right to have any prt>Letdings ]xgun by t.stsekr w sntarce this Mortgage discontinued at stay tknn <br />