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20®203381
<br />Borro,. er of the right to reinstate after designation of a deLult and the tght to firing a court action to assert the
<br />r,on- existence of a default or any other defense of Burrower to a designation of default and sale. If the default is
<br />not cared by Borro% &er on or before tht date sp 'cifk. -d in the notice, and Senior Lien Holder has not exercised its
<br />right to cure the default, then Lender at its option may designate a default and require immediate payment of all
<br />sums secured by this Mortcage without further dcmi.nd and may invoke_ the power of sale and any other remedies
<br />permitted by applicable law. Notwitf.standing Lender', right to invoke any remedies hereunder, Lender may not
<br />commence ioreclosure proceedings or accept a deed' in lieu of foreclosure, or exercise any other rights or remedies
<br />hereafter �int ;l it has given Senior Li!:rr Holder at !eas'. 60 days prior written notice- Lender shall be entitled to
<br />collect all expenses incurred in purs;.ing [he remedies provided in this section 2, including, but not limited to,
<br />v-isonable attorneys' fees and costs of title evidence.
<br />If Lender invokes the power of sale, Lender shall mail copies of a notice of sale in the manner prescribed by
<br />:applicable law to Borrower, Senior Lien Holder and to the other persons prescribed by applicable law. Lender
<br />shali publish the notice of salt: by public advertisynzent for the time and in the manner prescribed by applicable
<br />late Lender, without demand on Borrower, shall sell the: Property at public auction to the highest bidder for cash
<br />at the time and -)lace and under the terms designated in the notice of sale: in one or more parcels and in any order
<br />Lender determines. Lender may postpone sale of all or any parcel of the Property to any later time on the same
<br />da;c' by public announcement ::t the time and place of any previously scheduled sale. Lender or its designee may
<br />purchase the Property at any sale.
<br />Lender shall deliver to the purchaser Lender's deed conveying the Property without any covenant or warranty,
<br />expressed or implied. The recitals in Lender's deed sh:al be prima facie evidence of the truth of the statements
<br />made therein. Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,
<br />imAud mzy. but not lirlri[e l to, reasonable attorneys' fees; (b) to all sums secured by this Mcrtgage; and (c) any
<br />excess to the person or persons le ally entitled to it.
<br />3. SUBORDINATION. This Mortgage is subject and subordinate in all respects to the liens, terms, covenants and
<br />conditions c.` the First Mortgage and to all advances heretofore made or which may hereafter be made pursuant to
<br />the First Mort,-age, including all sums advanced for the purpose of (a) protecting or further securing the lien of the
<br />First Nlortgage, curing defaults by Borrower under the First Mortgage or for any other purpose expressly permitted
<br />by the First Mortcage; or (b) constructing, renovating, repairing, furnishing, texturing or equipping the Property.
<br />The terms and provisions of The First Mortgage are paramount and controlling, and they supersede any other terms
<br />and provisions hereof in conflict therewith. In the event of foreclosure or deed in lieu of foreclosure of the First
<br />Nlor•tcage, any provisions herein or- any provisions in any other collateral agreement restricting, the use of the
<br />Property or otherwise restricting Borrower's ability to sell the Property shall have no further force or effect on
<br />subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than
<br />Borrower- er a related entity of Borrower), receiving title to the Property through a foreclosure or deed in lieu of
<br />foreclosure of the First Mortgage shall receive title to the Property free and clear from such restrictions.
<br />Further, if Senior Lien Holder :requires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this
<br />tv'lortcage s1a111 automatically ternuratc upon Senior Licn holder's acquisition of the title, provided that (a) Lender
<br />has been given written notice of a default under the First Mortgage; and ('b) Lender shall not have cured the default
<br />under the First Mortgage, er dilicem!y pursued ctn'iil" the dcf,auli ns determined by the Senior Lien Holder, within
<br />the 60 -way period provided in such notice sent to Lender.
<br />4. NOTICES. Any notice to Borrower provided fog in this Mortgage ,hail be given by delivering it or by mailing
<br />it by !'irst class mail unless applicable: law requires Lrse of another n:� :thod. The notice shall be directed to the
<br />Property Address or any other address Borrower r'es- agnates by notice to the Lender.
<br />5. RELEASE. Upon satisfaction of all sums secured by this Mortgage (whether by payment or forgiveness),
<br />Lender shall rc!ease this NlortL;age without chat ge to Borrower. Bon~iwer shall pay any recordation costs.
<br />G. MODIFICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender consents to any agreement or
<br />arrangement in which Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the
<br />First Mortgage Loan Documents, including _any provisions requiring the payment of money.
<br />IN WITNESS WHEIU OF, Borrower has execur--d this .Mortgage.
<br />Borrower:
<br />dra AI Gawrych
<br />Borrower:
<br />SPATE OF 1
<br />7 .,s:
<br />COUNTY 0I= _ )
<br />`I'lie foregoing instrument was acknowledged on this 28111 _ dray of March 2002
<br />I)v Sandra iyl Gawrvch, an unmarried `roman
<br />`o,t.u,, 1,661-
<br />i�iy C:)rnrTri siun Expi
<br />GENERAL QTRRY -Sete of Neb :aslu
<br />SHERRi L. O'CALtAGHAN
<br />1" My Comm. Erg. Sept, 28. 2003
<br />(�3
<br />P.gc 2 o
<br />C()TUI (M)01 c.i s
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