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<br />$1--OG548~: <br />Cinder's written agreement or appficabk taw. Borrower sFwii pay the attwurrt of all mortgage irntaartce gtemiums in the <br />mamter ptbvided under paragraph 2 here. <br />Arty amenrttts disbarred by Leader pursuaeH to this paragraph 7, with interest thertxm, shall fxxotne additional <br />indeb[tdttesa of Borrower secured by this Mortgage. Unless Borrower and I_ertder agree to other tcmts of payment. such <br />amounts shag be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of dfatnttttraaettt at the rate payable fret[ tithe to time on outstanding principal under the Note unless ,•••:^rtettt of <br />interest at such rate world be contrary fo applicable law, in which event such amounts shat! bear interest at the hignc:: rate <br />permisaeble under appligbk law. Nothing contaitt~ in this paragraph 7 shall require Lender to incur arty experae or take <br />arty action fter+utnder. <br />!L farpeetlw. Linder may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Linder shall giro Borrower notice prior to any such inspection specifying reasonable cause tM_refor rotated to Lender's <br />infarct in the Property, <br />4. Codeutdlart. Tit[: proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condtxttnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and sh:Il be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the arms secured by this Mortgage. <br />with the excess, if any, paid to Horcower. 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 aqua) to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />inking bears to the fair markU 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 nonce by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damage, Borrower fails to respond to Lender within 30 days afrer the date such notice is <br />[nailed, 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 />Unles 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. lorrower Not ReleasM. 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 the original Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sutras <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borcower's successors in interest. <br />11: Porbearauce by Lender Not a Wairer. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded- by applicable law, 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 taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />tight to accelerate the maturity of [ire indebtedness secured by this Mortgage. <br />11. Rereedies Ctttulattre. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently. independently or successively. <br />13. Sacceoon earl Asdgns Board; Joint and 3ertral IaabiBty; Captbm. The covenants and agreements herein <br />contained shall bind, and the rights hereundCr shall inure to, the respective successors 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 pazagraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Natiee. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this 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 certifkd mail return receipt requested. to Lenders address stated herein or to <br />such other address as Lettdtr may designate by notice to Borrower as provided hercrn. Any notice provided for in this <br />Mortgage-shall be deemed to have been given [o Borrower or [.ender when given in the manner designated herein. <br />15. UuHottn Mortgage; Goreratieg Law; SererabYky. This form of mortgage combines uniform covenants for national <br />use and notruniform covenants with limited variations by jurisdiction to constitute a uniform security instmment covering <br />real properly. This Mortgage shall be governed h_v the law of the jurisdiction in which the Property is located. Ia the <br />event that any provision or clause ofithis Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Notc which can 6e given effect without the conflicting provision, and to this <br />end the provjsions of the Mortgage and the Nott art declared to 6e sererable. <br />16. lortower'a Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. ltaas[er of fie Property; Arwreption. If all or any part of the Property or an interet therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (a) 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 by devise, <br />descent or by operation of law upon the death of a joint tenao[ or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lendu may, at Lender's option, declare all the sums secured by this Mortgage to be <br />itturt~iately due and payable. Les.-,tier shall have waived such option to aaelerate if, prix: to the sale or transfer, Lender <br />and the person to whom the Property is to be sold or transferred reach agrcemetn in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shalt request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />intern[ has executed a written assumption agrcement accepted in writing 6t' Lender, Lender shall release Borrower from all <br />obligations under thin Mortgage and the Note. <br />If Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mat7ed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of-such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph ] g hereof. <br />Nox-UNtpoaat Covrsxet+rs. Borrower and Lender further covenant and agrce as follows: <br />10: ; Re~f~. $cept as provided fa parttgrapi li hereof, upon Borrower's breach of pry covenant or <br />atneraaat of torrewsr-~ tlds Morige{e, iacluiiq the covenants to pay wises due any soots secured by this Morgage. <br />f,eMer pefRr b:fcceleraMlaa s1tall rnait ttatke to lorrower as provided iu paragraph 14 hereof specifYtug: (1) tie breach; <br />(2) lsr ae~lorregtdrod to cw swci-6reaci; (3) a date, not leas rhea 30 days fror the dNe the notice is trailed to 1iMrrower, <br />by wTtiry eMCh b[~acM tryst b4 c)r[edI and (4) tip[ faHrre to cure sues breach or or before tin dale spcci0ed in the eolke <br />wt' reertt L;agpNrnttan of tie suyss. secutxd by this MortgaKe, foreclosure by judkial precesdiui erect oak of the Property. <br />'flR yoUee aiyY:[~Iftiar lytorys:llorrower of,the right to rriystate afser acceeratioa and tie rigs! to assert in the foreclosure <br />paaeotlY~ the uan.eaigace at a defwlt or ayy other Aefetrse of )sorrower fo accekraNep ayd /weelosute. II the breach <br />M_itat tend on or 6elore fhlt dMe spectiad it tie notice, Lender at Leader's optiar taut' declare aY of tie strrsa secured Dy <br />tbif MOrtRllo to bs innledhtely d0a aqd p4ya6ie without forllter deasayd sad copy foreclose by jwriictal proceeding. Leader <br />slte.6s oNlpr?A to coUect.ly sues procotdittE aY expeasea of fomclosure, iyriydlrtg, but not Ifoied to, trout of dceuoealary <br />~rJia~cM ^irQrac#e.antll Ntle rapwY. <br />~. llyrrawara digit to Raiyrfate. Notwithstanding L.ertder's acceleration of the sutras secured by this Mortgage, <br />$ttrrower shall have the tight to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />