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<br />Borrower of the right to reinstate after designation of a default and the right to bring a court uction to assert the
<br />non-existence of a default or any other defense of Borrower to a designation of default and sate. If the default is
<br />not cured by Borrower on or before the date specified 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 Mortg=age without further demand and may invoke the power- of sale and any other remedies
<br />permitted by applicable law. Notwithstanding Lender's right to invoke any remedies hereunder. Lender may nor
<br />commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other tights or remedies
<br />hereafter until it has given Senior Lien Holder at least 60 days' prior written notice. Lender shall be entitled to
<br />collect all expenses incurred in pursuing the remedies provided in this section 2, including, but not Limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If Lender invokes the power of sale, Lender shall nail 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 />shall publish the notice of sale by public udvertisement for the time and in the manner prescribed by applicable
<br />law. Lender, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash
<br />at the rime and place and under die terms designated in file notice of sale in one or more parcels and in any order
<br />Lender determines. Lender may postpone sale of ah or any parcel of the Property to any later time on the same
<br />date by public announcement at the time and place of any previously schedrded sate Lender or its designee may
<br />Lilly purchase the Property at y sale.
<br />Lender shall deliver to the purchaser Lender's deed conveying the Property without any covenant or warranty,
<br />expressed or implied. Ilie recitals in Lender's deed shall be prima facie evidence of the n-uth of the statements
<br />made therein. Lender shall apply the proceeds of die sale in the following order (a) to all expenses of the sale,
<br />including, but not limited to, reasonable aimineys' fees; (b) to all sums secured b}' this Mort<,age� and (c) any
<br />excess to the person or persons legally entitled to it.
<br />=. SUBORDINATION. This Mortgage is subject and subordinate in all respects to the liens, [eons, covenants and
<br />conditions of the First Mortgage and to all advances heretofore made or which may hereafter be made pursuant to
<br />the First Mortgage, including all sums advanced for the propose of (a) protecting or further securing the hen of the
<br />First Mortgage, curing defaults by Borrower under the First Mortgage or for any other purpose expressly permitted
<br />by the First Mortgage; or (b) constructing, renovating, repairing, furnishing, fixhu-ing or equipping the Property.
<br />The terms and provisions of the First Mortgage are paramount and controlling, and they supersede ally other terms
<br />and provisions hereof in conflict therewith. In the event of foreclosure or deed in hen of foreclosure of the First
<br />Mort ire, any provisions herein or any provisions in any other collateral agreement testrichn< the use of the
<br />Property or otherwise resnreting Borrower's ability to sell the Property shall have no fluther h>ice or effect on
<br />subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than
<br />Borrower or a related entity of Borrower), receiving title to the Property through a foreclosure or deed in lieu of
<br />foreclosme of the First Mortgage shall receive title to the Property free and clear 8om such restrictions,
<br />Further, if Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this
<br />Mortgage shall automatically terminate upon Senior Lien Ifolders acquisition of the title, provided that (a) Lender
<br />has been given written notice of a default under the First Mort e age; and (b) Lender.shall not have cm ell [he default
<br />under the First Mortgage, or diligently pursued curing the default as determined by the Senior ],ren Holder. within
<br />the 60 -day period provided in such notice sent to Lender.
<br />4. NOTICES. Any notice to Borrower provided fm in this Mortgage shall be given by delk eying it or by mailing
<br />it by first class mail unless applicable law requiies use of another method The notice shall be directed to the
<br />Property Address or any other address Bou'ow-er designates 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 release this Mortgage without charge to Bonrower. Borrower shall pay any re'
<br />ordauon costs.
<br />6. 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 [lie
<br />First Mortgage Loan Documents, including any provisions requiring the payment of money.
<br />IN WFfNhSS WHEREOF, Borrower has executed this Mortgage.
<br />A-41
<br />J01t,ttii'y Mulinix
<br />q /
<br />Borrower C` �d I t sy <
<br />Bethany, Biisleri(
<br />S1 ATE OF
<br />ss:
<br />COU'NT'Y 01
<br />Lire foregoing instrument was acknowledged on this 26th day of March 2002
<br />by Johmry Muhnix and Betha iv Biislend, each a single person
<br />!i1P.r.t. WTkRY S(Gie ut NE"—
<br />S O HAN 'il4U
<br />ray Comm. W Scat. 28, 2,T'li.
<br />P,a,u, Sherri L. O'Callaghan
<br />My( oullnissroll Expires:
<br />
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