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X31--i~~.,3 <<3~ <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 thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />=_mounts shall be payabk 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 time on outstanding principal under the Note unless payment of <br />infertst ae such razz would be contrary to applicable law. in which event such amounts shall bear interest at the highest rate <br />permiasibk under applicable law. Nothing contained in this paragraph 7 shalt require Linder to incur any expense or take <br />any action hereunder. <br />8. fs~ection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Borrower notice prior to any such inspection sptcifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim far damages, direct ar consequential, in connection with any <br />condemnation or other taking of the Property. or part thereof. ar for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In tbe event of a total taking of the Property. the proceeds shall be applied eo 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 he 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 immediateh• prier to the date of <br />taking bears fo the Fair market value of the Property immediately prier to the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If fire Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor afters 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 aeiil-tart-cw' Y caliat and 'v the ^ceeds, at Lender ~ nntinn, either to restoration or repair of the <br />app,- pr., <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 installments 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 modificarion of amortization of [he sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shalt 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 commznce <br />proceedings against such successor or refuse to extend time for payment or otherw-ise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />ll. Forbearance by Gender Not a tiYoirer. Any forbearance by tender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shalt no[ tre a waiver of ar 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 shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this 3ortgage. <br />12. Remzdies Ct~alatlre. All remedies provided in this Atorteage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. aid may be exercised concurrently. independently or successively. <br />t3. Saecessors and Astdpts Bosod; )Dint and Several L'rab0ity: CapNoas. The covenants and agreements herein <br />contained shall bind, and the rights hereeadei shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. .41i covenants and agreements of Borrower shat! be joint and several. <br />The captions end headings of the paragraphs of this Mortgage are far convenience only and are not to be used to <br />interpret or define the proviso°-- hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, fa) any na[ice to <br />Borrower provided for in this Mortgage shall be giver. by mailing such noticz by certified mail addressed to Borrower at <br />the Property Addttss or at such other address as Borrower may designate by notice fa Linder as provided herein, and <br />(h) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any 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 />I5. Unifarra Mortgage: Governing Law; Severatdlity. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with timi[zd variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed by the taw of the jurisdiction in which the Property is located. In the <br />event that any provision or Clause of this Mortgage or the Noce conflicts with applicable law, such conflict shall not affect <br />ether provisions of this Mortgage ar the Note which can be given effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are dzctared to be severable. <br />Ili. Borrower's Copy. Borrower shall be furnished a cor.[ormed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Ttr~er of flee PrseFerty; Assumptive. If all ar any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding ta) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer try devise, <br />descent or by operation of law upon the death of a joint tenant or (dr the grant of any leasehold interest of three years or less <br />not containing an option to purchase, (snder may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable I~nder shall have waived such option ur accelerate if, prior to the sate or transfer, Lender <br />and the person to wfiom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Linder and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />aha(1 regtxst. 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 Lender, Lender shall release Borrower from all <br />obligations under this Mortgage and rite Note. <br />If Ltttdcr exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance wieh <br />paragraph 13 hereof. Such nonce shall provide a period of net less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared tine- It Borrower fails ro pay such sums prior to the expiration of such period, <br />Lender tray, without further notice er demand on Borrower, rnvoke any remedies permitted by paragraph ig bereof. <br />NoN-Unr[>•ottM Covexervrs. Borrower and Lender further covenant and agree as fol{ows: <br />18, Acetkrubn: R:tned6es, Fscc;t ~ provided &t pusgraph I7 hereof, upon Borrower's breach of any corettaat or <br />astaeaxat of Harrower he Chic MortiatRe, facludiag the covenants to pay whoa dtce any sytetes secured by this Mortgage> <br />I,asdcr trlar fu teccekratloe sbn6 mail notice to Borrower as provided in paragraph 14 hereof apecifyieeY: (1) the breach; <br />(2) the segos rege~ei to amore sash breach: (3) a due, not Teas than 311 days [rpm the due the dotke k mailed to Borrower, <br />by wiwrle se~rh lrtesrcit tsrsu be cvnd; sad (4) that failure to cure such breseb ve or before the date specified in !be notke <br />eery resaH V aecekralbs of Nee sstm secured by thie Mort ate, foreclosure by jadiciai proceeding and sale of the Froperty. <br />The tsotke ttbaB fartleu inform Borrower of the right to rehtstue after accekratioo sad the right to assert is the for+eclasurc <br />OroeeedirK ~e sos-exittteaee of a d~anh or say other tkfeme of Borrower to accekratios and toreclosuR. If the breach <br />1R sot raved oa or betorc 66t daft specited Fa the tatice. Deader •t Leader's optfoo e»ay declare teU of flee sums secured 6y <br />tkds Mme to be lavetd~ely tits tmd psyabk without further deaesnd sad rosy fomlose by jndiatia[ proceedfag. Leader <br />rhsB 6e wed to caBeet Tat sash p-oceedlag aB expeenes of foreclosure, inclodiog, but sot Umited to costs of dacameatary <br />rrl4eatce, abstract ssd tltie rt;wrts. <br />14. Baterowaa's Rf~t ~ Relaatait. Natwithsaandrng t_endrt's acccizrahcrn of ?hc sums secured by this Mortgage, <br />Bcrrrowcr shall have tht r(ght to have any prt,cecdings txgun by 1-ender t,= enfotcr thrs Atartgage dizc~mtinued at any time <br />