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86103401
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86103401
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Last modified
10/18/2011 12:37:47 PM
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3/31/2008 2:40:33 PM
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DEEDS
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86103401
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86-, • 103401 <br />Leada's written agreement or applicable law. Borrower shall gay the amount of all moAfte insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any 'amounts disburfod by Lender pursuant to this paragraph 7, with interest thereon. shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terns of payment. such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disburmnent at the ran payable from time to time on outstanding principal under the ".vote unless payment of ' <br />interest arsuch'ratewould be contrary to applicable taw. in which event such amounts shall now interest at the highest: race <br />pormiseibie' under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />aayaetion hamunder. <br />>l: Lovitedion.' Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Gender shall' give` Borrower notice prior to any such inspection specifying reasonable cause' therefor related to : Lenders <br />interest.in? the Property. <br />9. Cotdesionedon. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of the Property. or pact thereof, or for conveyance in lieu of condemnation, are ha y assigned <br />and shall'be paid to Lender. <br />In the even proceeds t of a total taking of the Property. the preeds shall be applied to the sums secured by this Mortgage. <br />with the excess. if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherwise agree in writing, there shall be applied to the sums secured by tests Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If test Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Lender is authorized to colkc t and apply the proceeds. at Larder's option. either to restoration or repair of the <br />Property or to the seats secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. any such appiicetlon of moeeeds to principal shall not extend <br />or postpone the due due of the monthly installments referred to in paragraphs and 2 hereof or change the amount of <br />such ittrtallnwnts. <br />14L So ewer Not Released. Extension of the tine for paymatt or m> on of amortization of the sums secured <br />by this Mortgage granted by Leader to any successor in inseren of Borr.',,,ww shall not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors to *.what. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for pr/meat or otherwise ntodify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the ortVAsil Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Plot a Waiver. Any forbearance by Lander in exorcising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, shall not be a waiver A or preclude tin exercise of any such right or remedy. <br />esuesercror,dw payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />ri ! Ui;mg t d oe indebtedness secured by this Mortgage. <br />1 i. ,I)b remedies provided in this Mortgage ate distinct and cumulative to any other right or <br />d by law or equity. and may be exercised concurrently. independently or successively. <br />teeears sad ,ad: Joliet and Seven Liabr'Bty; Captbts. late covenants and agreements herein <br />contained shall bind. and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only L,d an not to be used to <br />interpret or define the provisions hereof. <br />14. Niedes. Except for any notice required under applicable law to be given in another t:eamee -. ;rt any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certifled mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may. designate by notice to Lender as provided herein. and <br />(b) any notice to Lender shall be given by certified mail. return receipt requested. to Lenders address stand herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />,Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; SeverabAky. This form of mortgage combines uniform covenants for national <br />use and nom - uniform covenants with limited variations by jurisdiction to constitute a uniform security insti ment covering <br />real property. 'Mis Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the Vote are declared to be severable. <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Tasder of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances. (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less <br />not containing an option to purchase. Lender mays at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately dire and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sutras declared due. If Borrower fails to pay such sums prior to the expiration of such period. <br />Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph IS hereof. <br />Not+- Urnroam COV[NANTS. Borrower and Lender further covenant and agree as follows: <br />11L AeederatMn: Reteedks. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower is this Mortgage, incladinrg the covenants to pay when date any sums secured by this Mortgage. <br />Lowder price to seeelerstiea shall mail notice to Borrower as provided in paragraph Il hereof specifying: (I) the breach: <br />12) thrac— raquicei to care such breackt (3) a does, not less than 30 days from the date the notice is mailed to Borrower. <br />by wkkk "sock breach meet be cured; and (4) chat failore to cure such breach on or before the date specified in the notice <br />any eeark in acceleration of the suns secured by this Marceage, foreclosure by judicial proceeding and sale of the Property. <br />Tb* aMiee'sk" farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />pnKosiiog the non-existence of a default or say other defense of Borrower to acceleration and foreclosure. If the breach <br />is was caned ou or before the date specified in the notice. Leader at Lender's option may declare all of the sums secured by <br />tbis Mortgage to be imanedietely due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shall be entitled to collect is such preceeding all expenses of foreclosure, including, but not limited to, costs of documentary <br />evidence, abMracto and title reports. <br />it. Borrower's Right to Reinstate. Notwithstanding Lender'; acceieratton of the sums secured by this \lortgaee. <br />Borrower shall have the right to have any proceedings begun by Lender to enforce rho, Morrgogt discontinued at any cane <br />I <br />
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