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79003777
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79003777
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1/13/2010 12:56:35 AM
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1/13/2010 12:56:21 AM
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DEEDS
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79003777
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<br />Lender's written agreement or applicable law. Borrower shall pay the amount of ail 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 tender to Borrower reyucsting payment thereof, and shall bear interest from the <br />jh. date of disbursement a[ the rate payable from time to time on outstanding principal under the Note unless payment of <br />~ interest at such rate would lie contrary to applicable law, in which event such amounts shalt bear interest at the highest rate <br />~ permissible under applicable taw. 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 be made reasonable entries upon and inspections of the Property, provided <br />~ that Lender steal! give Borrov:rr notice prior to any Bach inspection specifying reasonable tense therefor related to Lender's <br />~ interest in the Property. <br />' 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with an}' <br />1 condemnation or other taking of the Property, or part [hereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />~ In the event of a total faking oC the Property. the proceeds shall ter 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 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 />taking bears ro the fair market value of the Prapert}~ immediatey 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 notice by Lender to Borrower that the condemnor offers [o make <br />an award or settle a claim for damages. Borrower fails in respond to Lender within ;0 does after the date such notice is <br />mailed. Lender is authorized ro collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or m the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. env such application of prtueeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in paragraphs 1 and ?hereof or change the amount of <br />such installments. <br />10. Borrower Nof Released. Extension of the time for payment or modificarion of amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release. in any manner, <br />the liability of the original Borrougr and Borrower's successors in interest. Lender shall not be 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 arn• demand made M' the original Borrower and Borrower's successors in interest. <br />It. Forbearance by Lender Not a Waiter. .4 m' forbearance by Lender in exercising am~ right nr remed}• hereunder, or <br />otherwise afforded by applicable law, shall not be .a waiter of or preclude the exercise of an}• 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. Rertt`dres Cumulative. All remedies provided in this Mortgage are distinct and cumulative Lo any other right or <br />remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; loins and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shad 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 arc for convenience onh~ and are not to be used to <br />interpret or define She provisions hereof. <br />14. Notice. Except for any notice required under applicable lain to be given in another manner (al any notice to <br />Borrower provided for in this Mortgage shall tie given h}' mailing such notice h}' certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice [o Lender as provided herein, and <br />(b) any notice to Lender shall be given by certified mail. return receipt requested. to Lender's address slated herein or to <br />such other address as Lender may designate be notice to Borrou~ar as provided herein. Am• 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. IInUorm Mortgage; Gocerniog Law; Severabr7ih~. This (orm of mortgage rnmbines uniform rnvenants for national <br />use and non-uniform covenants with limited variations by jursdiction to corstiane a uniform security instrument covering <br />real property. This blortgage shalt 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 rnndicts with applicable law. such conflict shall nn[ affect <br />other provisions of this Mortgage or the Note which can br given effect without the conflicting provision, and to Lhis <br />end the provisions of the Mortgage and the Note are declared to he severable. <br />16. Borrower's Copy. Borrower shall fse 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 nt the Prnpe-'• or an interest therein is sold or transferred <br />by Borrower without Lenders prior written consent. excluding ta? the creation of a lien or encumbrance subordinate to <br />this Mortgage (b) the creation. of a purchase money securin~ interest for household appliances, fc) a transfer by devise. <br />descent or by operation of law upon the death of a joint teuam or tilt the grant of am leasehold interest of three years or less <br />not containing an option to purchase, Lender may, at Ler:der'c option, declare all the sums secured bt' this Mortgage to be <br />immediately due and payable. Lender shell have waived such option te. accelerate if. prior to the sale or transfer. Lender <br />and the person to whom the Property ii to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payabie on the sums secured by this '`tortgage ;hall be at such rate as Lender <br />shall regtresi. if Lender has waived the option to accelerate provided in this paragraph ll, 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. t.en:Ier shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not less than ?Q days from the date the notice is mailed within <br />which Borrower may pa}' the sums declared due. if Borrower toile to pap such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower.:evoke am remedies permitted by paragraph iF hereof. <br />Nov-Utviroaht Covenev-rs. Borrower and I_endrr further cosenant and agree as fotlows~ <br />1& Aceekrffiion; Rearedies. Fzttpt as provided to paragraph 17 hereof, upon Borrower's breach of gay covenant or <br />~r[ettemnt of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, <br />Lender prior to acttkratior shag maB notice to Borrower ac provided in paragnph 14 hereof specifying: (1) the breach; <br />{Z) the ration requhed to cure such brexh; (3) a date, not IesF than 30 days from the date the notice is mailed to Borrower, <br />by which such breach most 6e cured; and (4) that faihrre to curt such breach on or before the date specified in the ra8ce <br />may resap is aceeteratioa of the sorters secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The nogce s6~ farther Inform Borrower of the right to reim~tate after acceleration argil the right to assert in the forecbsure <br />paoceed'mg the uou-existence of a dehait or any otfier ikfertse of Borrower to acceleration acrd foreclosure. If the breach <br />' is not cared on or before flee date specified is the ratitt, Larder at Lender`s option may declare all of the sums secured by <br />t66 Mortgage to be immediately due and payable witboot furtfier 9emand and may foreclose by judicial proceeding. Lender <br />shill be edHitd to collect in such proceeding sU exeerrses of forcclosurc, itreludiag, but not limbed to, costs of documentary <br />evidmcs, abstracts and tale reports. <br />19. Borrower's Right to Reiestata Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have Lhe right to have any proceedings begun by Lender to erfcrce this Mortgage discontinued at any time <br />
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