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<br />Loan No: 1 <br /> <br />MORTGAGE <br />(Continued) <br /> <br />200802130 <br /> <br />Page 3 <br /> <br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges <br />that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall <br />satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any <br />surety bond furnished in the contest proceedings. <br /> <br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and <br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments <br />against the Property. <br /> <br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are <br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on <br />account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender <br />advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. <br /> <br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: <br /> <br />Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage <br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount <br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also <br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being <br />named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including <br />but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance <br />companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from <br />each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior <br />written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance <br />policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, <br />omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the <br />Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood <br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the <br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the <br />loan. <br /> <br />Application of ProcGllds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or <br />replacement exceeds $500.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. <br />Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and <br />apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of <br />the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed <br />Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor <br />from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds <br />which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of <br />the Property 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 payment in full of <br />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 to Lender a report <br />on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) <br />the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the <br />expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine <br />the cash value replacement cost of the Property. <br /> <br />TAX AND INSURANCE RESERVES. Subject to any limitations set by applicable law, Lender may require Grantor to maintain with Lender <br />reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by advance payment or <br />monthly payments of a sum estimated by Lender to be sufficient to produce, amounts at least equal to the taxes, assessments, and <br />insurance premiums to be paid. The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by <br />payment of the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the <br />right to draw upon the reserve funds to pay such items, and Lender shall not be required to determine the validity or accuracy of any item <br />before paying it. Nothing in the Mortgage shall be construed as requiring Lender to advance other monies for such purposes, and Lender <br />shall not incur any liability for anything it may do or omit to do with respect to the reserve account. Subject to any limitations set by <br />applicable law, if the reserve funds disclose a shortage or deficiency, Grantor shall pay such shortage or deficiency as required by Lender. <br />All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw <br />and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest <br />or earnings on the reserve funds unless required by law or agreed to by Lender in writing. Lender does not hold the reserve funds in trust <br />for Grantor, and Lender is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to <br />discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on <br />Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging <br />or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all <br />costs for insuring, 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 Grantor. All such <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of <br />the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any <br />applicable insurance policy; or (2) the remaining term of the Note; or (el be treated as a balloon payment which will be due and payable <br />