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<br />loan No: 611498 <br /> <br />MORTGAGE <br />(Continued) <br /> <br />2 0 0 6 0 0 109 Page 3 <br /> <br />Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing <br />the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required <br />by Lender, and to maintain such insurance for the term of the loan. <br /> <br />Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may <br />make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's <br />security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply <br />the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration <br />and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or <br />replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon <br />satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of <br />repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed <br />within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property <br />shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the <br />remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after <br />payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. <br /> <br />Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish <br />to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks <br />insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such <br />property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon <br />request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost <br />of the Property. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but <br />not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under <br />this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action <br />that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, <br />encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, <br />maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then <br />bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by <br />Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on <br />demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment <br />payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of <br />the Note; or (e) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage <br />also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which <br />Lender may be entitled upon Default. <br /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this <br />Mortgage: <br /> <br />Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, <br />free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any <br />title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection <br />with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to <br />Lender. <br /> <br />Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the <br />title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced <br />that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at <br />Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to <br />participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and <br />Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time <br />to permit such participation. <br /> <br />Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all <br />existing applicable laws, ordinances, and regulations of governmental authorities. <br /> <br />Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in <br />this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall <br />remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. <br /> <br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: <br /> <br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and <br />Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor <br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be <br />represented .in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to <br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such <br />participation. <br /> <br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by <br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the <br />net proc<:eds of the 1lward be applied to the Indebtedness or the repair or restoration of the P,operty. The net <br />proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees <br />incurred by Lender in connection with the condemnation. <br /> <br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating <br />to governmental taxes, fees and charges are a part of this Mortgage: <br /> <br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to <br />this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the <br />Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses <br />incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, <br />documentary stamps, and other charges for recording or registering this Mortgage. <br /> <br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of <br />Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor <br />which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of <br />Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a <br />specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. <br /> <br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, <br /> <br />y <br /> <br />....,..14 <br />,(.,( <br />