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84001077
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84001077
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11/18/2008 5:52:57 PM
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11/18/2008 5:52:40 PM
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DEEDS
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84001077
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$~ `UU 10"l7 <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 Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. and shall hear interest from the <br />date of disbursement at the rate payable from lime 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 cause to he 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 />interest in the Property. <br />9. CottdemnaNon. 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 />Tn the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any, paid to Borrower. Tn the event of a partial taking of the Property. unless Borrower and Lender <br />otherwise agree in writing, there shall be applied t ~ the sums secured by this 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 />raking bears to the fair market value of the Property immediately prior m the date of taking. with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or iL 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 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 agree 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 I 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 Tender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refuse to 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 />1. Forbearance by [xnder Not a Waiver. Any forbearance by [.ender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not he a waiver of ar 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 shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law ar eyuin'.:md may he exercised concurrently, independently or successively. <br />1J. Successors and Assigns Bound: Joint and Several Liability; Capfions. The 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 :III covenants and agreements of Borrower shalt be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />I4. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Mortgage shall he :riven 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 math reuun receipt requested. to Lenders address stated 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 Tender when given in the manner designated herein. <br />l5. Uniform Mortgage; Governing Law•; Severability. This form of mortgage combines uniform covenants ter national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real properq~. This Mortgage shall be governed by the law of the jurisdiction in which the Properq~ is located. In the <br />event [hat any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />ether provisions of this Sfartgagc or the Vote which can be giver. effect without the conflicting provision, and to this <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />16. 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. 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 (a1 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 (dt the grant of any leasehold interest of three years or less <br />not containing an option to purchase, 1_ender 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 such option to accelerate if. prior to the sale or transfer, Lender <br />and the person to whom the Property is to be Bald or transferred reach agreement in writing that the credit of such person <br />is satisfactory ro Lender and that the interest payable an the sums secured by this Mortgage shall be at such rate as Lender <br />shalt 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 (he date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails w pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand an Borrower, invoke xny remedies permitted by paragraph 13 hereof. <br />NoN-UNIFORM CoveNnNrs. Borrower and Lender further cavenan[ and agree as follows: <br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />[.ender prior to accekratroa dull mail notice to Borrower as prosided in paragraph I4 hereof specifying: (q the breach; <br />t,2) the action required to cure such breach; t3) a dale. nut less Than 30 days from the date the notiae is mailed fo Borrower, <br />by which-such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />may result in acceterafinn of the stuns secured by this ilorlgage, foreclosure 6y judicial proceeding and sate of the Property. <br />The ntttrce shaft further inform Borrower of the right to reinsure after acceleration and the rigbt to assert in the foreclosure <br />proceeding the nog-existence u(a default or any utber defavtse of Borrower to acceleration and foreclosure. ff the breach <br />is not cured on or before the dale specified in the notice, Lender at Lender's option may declare all of the sums secured by <br />This Morl~age to be immediately due amt payable without further deuund and may foreclose by judicial proceeding. Lender <br />shag be eatflkd to colkat in such proceeding ail expenses of foreclosure, includitg, but not limited to, costs of documentary <br />evGkpce, abstracts amt talk reports. <br />14. Bxrowels Ri~6t to Reinstate. Notwithstanding I ender's accclerauun ~+f the wins secured by tht. Mortgage. <br />Borrower shall have the right to have any proceedings Twgun by 1 ender u~ enforce thrs Mortgage dtscootuuied at any trine <br />
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