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83001670
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83001670
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Last modified
11/18/2008 3:19:09 PM
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11/18/2008 3:19:08 PM
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DEEDS
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83001670
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<br />I <br /> <br />83- 001670 <br /> <br />Lender's written agreement or applicable law, Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof, <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and lende, agree to othe, terms 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 disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. Inspection. Lender may make or calise to be made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to lender"s <br />inte,est in the Property, <br />9. Condemnation. 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 part thereof. or for conveyance in lieu of condemnation. are hereby assigned <br />and shall be paid to lender, <br />In the event of a total taking of the Property, the proceeds shall be applied to Ihe sums secured by this Mortgage, <br />with the excess, if any. paid to Borrower. In the event of a partial taking of the Property. unles.s Borrower and Lender <br />otherwise agree in writing. there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to Ihat proportion which the amount of the sums secured hy 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 the Property is abandoned by Borrower, or if. after nolice hy lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Borrower fails to rcspond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, at lender's option, either to restoration or repair of the <br />Property or to the sums secured by this Mortgage, <br />Unless Lender and Borrower otherwise agrec in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in imerest of Borrower shall not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shan not be required to commence <br />proceedings against such successor or refuse tel extend time for payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance hy Lender in exercising any right or remedy hereunder. or <br />otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes. or other liens or charges by Lender "hall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedne~s secured by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulativc to any other right or <br />remedy under this Mortgage or afforded by law (lr equity. and may he exercised concurrently. independently or slIccessively. <br />13. Successors and Assigns Bound; Joint and Senoral Liabilif)!; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hercunder shall inure w. the respectivc SllCCes.sors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph t 7 hereof. AU covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage arc for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable la\'.- (0 be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified 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 Lender's address stated herein or to <br />such other address as Lender may designate by notice h' 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; Se,'erability. This f0rm of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by .iurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shall be governed hy the law of the- jurisdiction in which the Property is located. In the <br />event that any provision or clause of this ~1ortgage or the Note l;qnfticts with applicable law. such conflict shall not affect <br />other provisions of this Mortgage or the Not~ which can be given etlect without the conflicting provision. and to this <br />end the provisions of the Mortgage and the Note are declared to be severable. <br />16a Borrower's Copy. Borrower shall be furnisheu a conformed copy of the Note and of this Mortgage at the time <br />of eKccution or after recordation hereof. <br />17. Transfer 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 h(lllschold appliances. k) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenanl or h.H the grant of any leasehold interest of three years or less <br />not containing an option to purchase. Lender may. at l.ender's option. declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived slIch 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 />js satisfactory to l.ender and that the interest payable on the sums seclIred hy this Mortgage shall be at such rate as l.ender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's slIccessor in <br />interest has executed a written assumption agreement accepted in \\- riting by l.ender. Lender shall release Borrower from all <br />obligations under this Mortgage aud 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 sums declared due. If Born)\\e-r fails to pay such slims prior t() the expiration of "uch period. <br />Lender may, without further notice or demand on Borro\\'cr. lllvoke any remedies permitted hy paragraph 18 hereof. <br /> <br />NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />18. Acceleration; Remedies. E.,cept as provided in para~raph 17 hereof, upon Borrower's breach of any covenant or <br />agreem.ent of Borrower in this I\'lortgage, induding the cO\'(~l)ants to pa,)' when due any sums secured by this l\'lortgage. <br />Leader prior to acceleration sball mail notice to Borrower as pnnided in paragraph 14 hereof specifying: (I) the breacb: <br />(2) the action required to cure SDcb breach; (3) a date, not less lhan 30 days from the date lhe nolice is mailed to Borrower, <br />by wbkb oucb b~cb must he cured; and (4) lbal failure to cure such breach on or hefore lhe date specified ill lhe nnlke <br />DUlY result in acceleration of tbe Sllms secured by lhis MortgBlle. foreclosure by judicial proceeding aud sale of the Property. <br />The notice sball further inform Borrower of lhe right 10 reinstale afte, acceleration and the right to ....ert in the foreclosure <br />pro<:eedlntl lhe ooo-existence of a delault or any other defense of Borrower to accele,alinn and loreclllsure, If the breach <br />is not cured 00 or before Ibe date specified in lhe notice. Lender al Lender'. oplloll may declare all nf the SIlIllS secllred by <br />IhIIi ~ort&ace 10 be IlIlmerliatcly due and payable wlthoul fnrther demand aod may foreclose by jlldicial proceediBll' Lcnder <br />sballbe ...Ulleclto ('<IlIect In such proceeding all expenses of foreclosllre, includloR. hill nol limited to, co.'1s 01 documentary <br />...I....e, ~l$ and title rcports, <br />I'... Borrower'. Ri&bt to Reinstate. Notwithstanding Lender's acccleraH.:.-'O or {'he ~nrns secured t'1y this Mortgage. <br />Borrower shaJl have the- right to have any proceedings hegun by Lt'oder to enforce this 1\hJrlgagc dis~,,-)J1qn.lIed at any time <br /> <br />
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