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1 <br /> <br />Lendei s written agreement or applicable taw, Burrower shall pay the amount of all mortgagee insurance premiums in the <br />manner provided under paragraph 2 bereof. <br />Any amounts disbursed by Leader pursuant to this paragraph 7, with interest, thereon, shall becor~te additibpal <br />indebtedness of Borrower secured by this Martgage. 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 frcm 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 bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />$. Ifmpeetion. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shah give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damaees. 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 />a.nd shall be paid to Lender. <br />In the event of a total 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. h 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 ny this Mortgage such proportion of the proceeds <br />as is equal Co that propottion which the amount of the sums secured by this '.Mortgage immediately prior to the date of <br />taking bears to the fair market 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 notice by Lender to Borrower that the condemnor offers to make <br />an award or settee a claim for damages, Borrower fails to 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 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 insiallrnents referred to in paragraphs 1 and Z hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortizstion of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Burrower shall not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refuse m extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrawers successors in interest. <br />11. Forbearance by Lender Not a R'siver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, 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 cases or other liens or charges by Lender shall not be a waiver of Lenders <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. A11 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. Saeeemors and Ass~as Bound; Joint and Several i.iaMTity; Captions. The covenants and agreements herein <br />contained xhall bind, and the rights hereunder shall inure to, the respective sttccessars 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 paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice reytrired 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 certified mail, return receipt requested, to Lender's address stated herein or to <br />such other address as Lender may designate 6y notice to Borrower as provided herein. Any notice provided for in this <br />Mortgage shall tae deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines 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 shalt rte governedlhy the law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or she Note conflicts with applicable taw; such conflict shall not affect <br />other provisions of this Mortgage or 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 declared to be severable. <br />16. Borrower's- Copy. Harrower shall be furnished- a conformed copy of the Mete and of this Mortgage. at the time <br />of execution or after recordation hereof. <br />17. Ttattder of the ]Propeety; Assumption. If all or any part of the Property or an interest 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 far household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <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 rte sold or transferred reach agreement 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 />shall request. if Lander 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 the Note. <br />If Lender 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 mailed 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 18 hereof. <br />Nox.Urttrgart CovetveNrs. Borrower and Lender further covenant and agree as follows: <br />18. Aceehrradou; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any eoveoaal or <br />agreement of Borrower in this Mortgage, ineiudittg the covenants to pay when due any soots secured 6y this Martgage. <br />Lender prior to acceleration shall maB notice to Borrower as provided in paragraph t4 hereof specifying: (t) the breach; <br />(2) the settee required to enm each breach; (3) a date, sot less rhea 30 days [mm the date the notice le mailed to Borrower, <br />by wbkh such breach mast 1Se cured; and (4) that failure to cure such breach oa or before the date specified in the rrotice <br />maiy rewlt is acceleration of the sums secured by tltie Mortgage, foreclosure by judicial proceeding and sale of the Property, <br />The trotice shall further ieform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceedieg the ttoo-exiNeace of a default or any other defense of Borrower to acceleration and foreclosure. If the breach <br />is not cued on or before the date specified in the trotke. Lertder at Lender's option may declare aV of the sums secured by <br />this Mortgage to be immediately due and payable without farther demand and may foreclose by judicial procecdirtg. Leader <br />shall hr ealNled to collect is such proceeding all expenses of foreclosure, iaelndlag, but not limited to, costs of docnmeotary <br />evidence, abstracts attd title reports. <br />14. Borrower's ltig6t to RNtrNate. Notwithstanding Lender's acceleration of [he sums secured by this Mortgage, <br />Borrower shall have the right to have any proceedings hegun 6y Lender to enforce this Mortgage discontinued at any time <br />