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<br />200606200
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<br />Account No.: 940-2-390-539318
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, law suit or
<br />other action by any law of which Borrower has actual knowledge. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances
<br />affecting the Property is necessary, Borrower shall promptly pay all necessary remedial actions in
<br />accordance with Environmental Law.
<br />
<br />As used in this paragraph 18 "Hazardous Substances" are those substances defined as toxic or
<br />hazardous substances by Environment Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18,
<br />"Environmental Law" means federal laws or the jurisdiction where the Property is located that relate to
<br />health, safety or environmental protection.
<br />
<br />19. Post Judgment. Borrower agrees thatthe interest rate payable after a judgment is entered on the Note
<br />or in an action of mortgage foreclosure, shall be the rate stated in the Note or, if the state does not permit
<br />the Lender to charge the Note rate, then the judgment rate required under applicable law shall apply.
<br />
<br />Any advances made by Lender after a judgment on the Note or in an action of mortgage foreclosure,
<br />including, but not limited to payments of insurance premiums and real estate taxes, shall become additional
<br />indebtedness of the Borrower and shall continue to be the application of the Borrower until the
<br />indebtedness is paid in full.
<br />
<br />20. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any
<br />covenant or agreement of Borrower in the Agreement or this Mortgage, including the covenants to pay
<br />when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower
<br />as provided in paragraph 13 hereof specifying: (1) the breach; (2) the action required to cure such breach;
<br />(3) a date, not less than thirty (30) days from the date the notice is mailed to Borrower, by which such breach
<br />must be cured; and (4) the failure to cure such breach on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Mortgage and sale of the Property. If the breach is not
<br />cured on or before the date specified in the notice, Lender at Lender's option, may declare all of the sums
<br />secured by this Mortgage to be immediately due and payable without further demand and may foreclose
<br />this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses
<br />of foreclosure, including, but not limited to, costs of documentary evidence, abstracts and title reports.
<br />
<br />21. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this
<br />Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
<br />discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender
<br />all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if
<br />any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements
<br />of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in
<br />enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's
<br />remedies as provided in paragraph 20 hereof, including, but not limited to, reasonable attorney's fees; and
<br />(d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage,
<br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall
<br />continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations
<br />secured hereby shall remain in full force and effect as if no acceleration had occurred.
<br />
<br />22. Assignment of Rents; Appointments of Receiver; lender in Possession. As additional security
<br />hereunder, Borrower hereby assig ns to Lender the rents ofthe Property, provided that Borrower shall, prior
<br />to acceleration under paragraph 20 hereof or abandonment of the Property, have the right to collect and
<br />retain such rents as they become due and payable.
<br />
<br />Upon acceleration under paragraph 20 hereof or abandonment of the Property, Lender, in person, by
<br />agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage
<br />the Property and to collect the rents of the Property including those past due. All rents collected by Lender
<br />or the receiver shall be applied first to payment of the costs of management of the Property and collection
<br />of rents, including, but not limited to, receiver's fees, and then to the sums secured by this Mortgage. Lender
<br />and the receiver shall be liable to account only for those rents actually received.
<br />
<br />23. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage
<br />without charge to Borrower. Borrower shall pay all costs of recordation if any.
<br />
<br />24. Fixture Filing. This Mortgage constitutes both a security agreement and a financing statement filed
<br />as a fixture filing in the Official Records of the Registrar of the Deeds of the county in which the Property
<br />is located with respect to any and all fixtures included within the term "Property" as used in this Mortgage
<br />and with respect to any goods or other personal property that may now or hereafter become such fixtures.
<br />
<br />25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
<br />together with this Mortgage, the covenants and agreements of each such rider shall be incorporated into
<br />and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were
<br />a part of this Mortgage. [applicable rider(s) shown checked below.]
<br />
<br />o
<br />o
<br />o
<br />o
<br />
<br />Condominium Rider
<br />1 -4 Family Rider
<br />Planned Unit Development Rider
<br />Trust Rider
<br />
<br />o
<br />o
<br />o
<br />
<br />Second Home Rider
<br />Adjustable Rate Rider
<br />Bridge Loan Rider
<br />
<br />826 - NE-LOC Mortgage - 01/01/98
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