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R 3 ~sF{(orFm 8y/08$` B <br />V 1 `~ ~J C~ r( tJ F." <br />Lender's written agreement nr applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amaun[s disbursed by i_ender pursuant to this paragraph 7. with interest thereon, shall become additional <br />indebtedness of Borrower secured b}' this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shaft be payable upon notice from [.ender to Borrower requesting payment thereof, and shall bear interesf from the <br />date of disbursement at the rate payable from time to time nn outstanding principal under [he Note unless payment of <br />interest ai such rate would be contrary to applicable law. in :vhich event such amounts shall bear interest at the highest rate <br />prt•rnissible under applicable law. Nothing contained in Chic paragraph 7 shall require Lender to incur any expense er take <br />any action hereunder. <br />B. IrtapreHon. bender may make nr cause to be made reasnnahle entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to i.ender`s <br />interest in the Property. <br />9. CondrmnaHon. The proceeds of any award or claim for damaocs. direct nr consequential. in connection with any <br />condemnation or other taking of [he Property. nr 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 that taking of the Property. the proceeds shat! 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 Bnrmwer and Lender <br />otherwise agree in writing. there shat! he applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is eger9l to [hat proportion which the amount of the :time secured he chi=, tifnrtgage immediately prior to the date of <br />taking bears to the fair market value of the Pmpert_v immediatet}' prior to [he date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned b7 Borrower, nr if. after notice by Lender to Bnrmwer that the condemnor offers to make <br />an award or settle a claim for damages. Bnrmwer fails to respond to Lender within >0 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds. at bender's option, ciWer to restoration or repair of the <br />Property or to the sums secured by this ilnrteage. <br />Unless I-ender and Borrower nthenvicc acres in .vritinR. env ouch application nt proceeds to principal shat! not extend <br />or postpone the due date of the mcnthh installments referred to in ~.araeraphs I and 2 hereof or change the amrnmt of <br />such installments. <br />70. Borrower Not Released. Extencinn of the time for payment or modifica€ion nt amortization of the sums secured <br />by this Mortgage granted by bender to any successor in interest of Bnrmwer shall not nperaie to release, in any manner, <br />the liahility of the original Borrower and Rnrrower's successors in inrerest. Linder shall no[ he required to commence <br />proceedings against such successor or refuse to extend time for payment ~+r otherwise modify amortization nF the sums <br />secured by this Mortgage by reason of an}~ demand made by the nrisinal Bnrmwer and Borrower's successors in interest. <br />il. Forbearance by Lender tint a Waiver. Any torhearance he Lender in exercisine am~ right nr remedy hereunder, or <br />otherwise afforded by applicable law, shall nor he a waiver ++ •.. preclude the caercise of env such right or remedy. <br />The procurement of insurance or the payment c+f taa.es nr other lien's or charges he [.ender chail not be a :cuiver of Lender's <br />right to accelerate the maturity of the indebtedness secured h}= this \lortgage. <br />72. Remedies Cumulatire. All remedies pro:!ded in chi, Mortgage see distinct and cumulative to any other right nr <br />remedy under this Mortgage nr afforded he law nr egmr,~. and may he r,ercard cor.currenth-. ineiependentl}' or successiveh•. <br />13. Successors and Assigns Bound; .ioint and Se•eral Liability: Captions. The co+~enants and agreements herein <br />contained shall hind, and the rights hereunder shall inure to, the ;ecrec:ive stscesa+r5 and assigns of Lender and Borrower. <br />scbject to the provisions of paragraph 1' hereof All covenants .rod :+groementc of Borrower shall tie joint and several. <br />The captiom and headings ~' the paragraphs at ihis Mortgage ore `or -znnven~rn~e Holy and are net [o he used L <br />interpret or define the previsions hereof. <br />74. Notice. Except for any noti;;e required :m;fer applicable law .~ be _•iven in another manner, la) any notice to <br />Borrower provided for in this Mortgage shall he gr,cn ha- ;;tailing wch nixiec by artifled mail addressed to Borrower at <br />the Property Address or at such other address as Bnrn~ser mac dr-agnate he notice to i-ender as provided herein. and <br />(h) env notiw to Lender shall he given by certitSrJ m:,il. return. rrec~pt requested. u+ Lender's address stated herein or to <br />such other address as Londe: ma}' designate b} ^oii,e n, Borrower as amvtded f:ereut. An}' entice provided for in this <br />Mortgage shall bc; deemed ro hxve been given to Bormuer or t ender when green itt the manner designated herein.. <br />15. Gniform Mortgage: Governing Law; Sevrrability. Chis ?,,rn: nt morteaee ,:amhiues uniform cnverzants for national <br />use and non-uniform cotenants with limited ~ar:auota by +uri;,i:cnon ua :onst+tute a ani(orm securit}• instrument covering <br />real property. This Mortgage shall x eoverned by the h+w ref the jurisdiction in •~chich the Property is Icxated. in the <br />event that any provision or clause of this Mortgage ar the Voie ~,.+ntlic;s with applicable law. such conflict shall not affect <br />other provisions of this Mortgage or the Votc •which sou i+y ,•i.at et[ect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the \,~te arc deetaroc+ t,, he severable. <br />15. Borrowers Copy. Borrower steal! be farni,hed ...,nttrrmtcl u+F.y ++f the Vote and of ihis Mortgage at the time <br />oC execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all car am ran nt the Property ar an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. esauding ~.u the crcadon s+f a iteu or encumhrance subordinate ro <br />this Mortgage, (b) the creation of ;z purchu,y m~+ne} ,en+nt} ~nierest tn: hoasehuld appliances, tee a transfer by devise, <br />descent or by operation of law open the death .-f :. color tenant .+r i.i ~ the :rant of any leasehold interest of three yeari or less <br />no[ containing an option to purchase. Lender ma}, at l.rt:der', .~pu~~n, declare all the sums secured bg ihis Mortgage h, be <br />immediately dui and payable. Lender shall face •sar.ed .u,h ,~ptian to accelerate ii. prior ro the ;ale or transfer Lender <br />and the person to whom the Prs~pert} is to be soil or [rarsterred reach agreement in writing that the creciit of such person <br />is satisfacton• to Lender and that the intere,t ;+.tsahle .+n the sum, secured by this '4[ortgage shalt he at such rate as Lender <br />shall request. if lender has waived the .+ption ;.+ aaeter,,te prodded in this paragraph 17. and if Borrower's successor in <br />interest has executed a written assumption :+grccmcn: accepted in .ceiling 6y Lender Lender shall release Burrower from alt <br />obligations under this Mortgage and the tints. <br />if Lender exercises such option to accelerate. I_endcr ,halt mail Borrower novice of a,:ecieratien in accordance with <br />paragraph 14 hereof. Such notice chalf provide a period :r.~: ies. thug i0 days t:um the date [he notice"is mailed within <br />which Borravc'er Wray pay the sums declared doe. li Borro•scr a:!s 'o pay >uch sums prior in the espiration of such pored. <br />Lender may. without further notice er demand an &trro•.cer. ~,n~nke: any remedies permHted h}' paragraph IS hereof. <br />-'slvv-tivtt=oars Cot•Ear:vis_ Borrower:ut~t Leude: furthe. asenart and error a+ follows: <br />lK. Accekratbn; Remedies. Ettcept as provided in paragraph 17 hereof, upon Borrowers breach u( eny covenant or <br />agreement of Borrower ie this ~forigage. including the cotenants to pay ashen due any sum+ secured by this \lortgagr. <br />Lepdrr prior [o accehratiun shall mail notice to Burrower as pruaidrd in paragraph Id hereof specifying: (tl the breach; <br />{l) the action requited to cure such breach: 13i a date, not less than W days from the date the notice is mailed to Burrower. <br />b}~ whk6 such tueaeh incest br cured; and l3) thai failure !o rare such breach on or hrfore the date specified in ilrr notice <br />may result io nccrlrratiun of the suers secured by this \turtgagr, fureclusure by judicial proceeding and sale of the Property. <br />i6e entice shall further inform Borrower of the right to reinstate after acceleration and the right !o aw.crt in the forra•lusurr <br />proeerdint tAr non-eteisteircr of a default or tint oiftcr defence of Borrower to acceleration and furrciosurr. If the hrrarh <br />is nut cured on or before the date specified [o the nutire, t-ender at [,endei s option mat declare ill of the .uttt_s secured ter <br />thb Alorlgage to be immediately due and payable without [urihrr demand and may foreciae bt judicial prrxreding. Lender <br />sha8 6r rnffded to colhct fn such procerdirig all expruses of fureclasure, including, hu[ not tin;iced ta, costa of ducumrntan <br />eridrncr, abstracts and lilts reports. <br />79. Darruv.er's Righi to Rei~tafc. tic+iw nhsi:nteh ng ! cndcrA :crcict•u;.~n •.. ;hc :~-•;n, ,+_urdd h} !fags \I+u tg,+gc. <br />Bernawcr shall have the right to hate an: ter r: rt°durg, hc;;;rt by } c:.us .-. cr. r. •f;:. !7 - _ ~s;:-,._ .. .t- .:;<. +i s .r •+, t:n:~ <br />