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<br />Loan No: 1
<br />
<br />MORTGAGE
<br />(Continued)
<br />
<br />200802130
<br />
<br />Page 6
<br />
<br />UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured
<br />party under the Uniform Commercial Code.
<br />
<br />Collact Rants. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents,
<br />including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In
<br />furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to
<br />Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse
<br />instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by
<br />tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,
<br />whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,
<br />by agent, or through a receiver.
<br />
<br />Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with
<br />the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from
<br />the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve
<br />without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the
<br />Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
<br />receiver.
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<br />Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
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<br />Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property
<br />or the Real Property by non-judicial sale.
<br />
<br />Deficiency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness
<br />due to Lender after application of all amounts received from the exercise of the rights provided in this section.
<br />
<br />Tanancy at Suffaranca. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender
<br />otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of
<br />Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or
<br />(2) vacate the Property immediately upon the demand of Lender.
<br />
<br />Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
<br />
<br />Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property
<br />marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in
<br />one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
<br />
<br />Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the
<br />time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean
<br />notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in
<br />conjunction with any sale of the Real Property.
<br />
<br />Election of Remadias. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not
<br />affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so
<br />as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the
<br />rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or
<br />to proceed against any other collateral directly or indirectly securing the Indebtedness.
<br />
<br />Attornays' Faas; Expensas. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent
<br />permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
<br />
<br />NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale
<br />shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required
<br />by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first
<br />class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of
<br />notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near
<br />the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the
<br />other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep
<br />Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,
<br />any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
<br />
<br />Amandmants. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in
<br />writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
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<br />Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a
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