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80003999
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1/13/2010 8:28:08 PM
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1/13/2010 8:27:50 PM
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DEEDS
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80003999
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<br />Lender's ~x;itten agreement or applicable law•. Borrower shad 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 [hereon. 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 he payable upon notice from 7_ender to Borrower requesting payment thereof. and shall bear interest from the <br />date of disbursement at the rote 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 taw. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />8. inspectian. Lender may make or cause 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 Tenders <br />interest in the Property. <br />R Condemnarion. The proceeds of any award or claim for damages, direct or cansequential, 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 he paid to Gender. <br />In the event of a fatal faking of the Property. the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any. paid to Borrower. In the evem of a partial takine of the Propern'. unless Borrower and Lender <br />otherwise agree in writin,. them shall be applied ro 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 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 notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages. Borrower faitr 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 [he <br />property or m the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend <br />or pos[pare the due date of the monthly installments referred to in paragraphs 1 and Z hereof or change the amount of <br />such installments. <br />10. Borrawer Nat 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 interest aF Borrawer shall not operate to release. in am manner, <br />the liability of the Original Borrower and Borrower's successors in interest. Lender shall oat 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 ?fortgage by reason of any demand made by the original Borrawer and Borrowers successors in interest. <br />17. l:orbearance by Lender NM a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall-not be'd waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance pr the payment of taxes or other liens or charges by Lender shall oat be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />i°e. Remcu'ies Cumuia:ive. A ^°dies proridcd in this 'rfnrtgage are distinct and cumulative to any other right or <br />remade under this Mortgage or afforded by taw nr equit}•. and map he exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound: Joint and Several i.iability: Captions. 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 I? fiereof. .All covenants and agreements of Borrower shall be joint and several. <br />The captions and headioes of the paragraphs of this Mortgage are for convenience only and are net to 6e used to <br />interpret or define the provisons hereof. <br />14. Notice. Lxcept for any notice reyuired under applicable law m he given in another manner, (a) am notice to <br />Borrower provided for in this Mortgage shall he eiwen by mailing such notice h7 certified mail addressed ro Harrower at <br />[he Property Address ar at such other address as Borrower miry' designate by notice to Lender as provided herein. and <br />(h) ant' nOtict to Lender shall be given by certified mail. return receipt mquested. to Lender's address stated herein or to <br />such other address as Lender mac designate by notice to Borrower as provided herein- Any notice previdcd far in this <br />hlertgage shall he deemed to hacc been given to Borrower or Lender when given in the manner designated herein. <br />iS. 6•_laifotm iartgage; Governing i_aw; Severabilih. This form of mortgage combines uniform covenants for nadoral <br />use and non-uniform covenmvs with limited variations hv_ iuricdiction !O constiniw a uni(orrr, security instrument aivering <br />real propert}'. This Mortgage shall be eoverned by the law of the jurisdiction in which the Pmperq~ is located. Cn the <br />event that any provision Or clause of this Mortgage or the Note conflicts with applicable lain, such con Flier shall not affect <br />other provisions o£ this Martgage ar the Nate which can t,e given effect without the coniictine provision, and to this <br />end the provisions of the C`tnrtgage mtd the '~nie arc declared u+ be nverahle. <br />16. Borrower's Copy. Borrower ahxll be furnrched a conformed copy of the Note and of this Mortgage at the time <br />of execution Or after recordation hereof. <br />77. Transfer of the Property; Assumption. if all or am part of the Properr' or an interest therein is sold or transferred <br />by Borrower without L.ender's prior written amsem. excluding tut the creation of a lien Or encumbrance subordinate to <br />this Mortgage, fb1 the creation of a purchase money .scarily interest (or household appliances. (cl a transfer be devise. <br />descent or by aperahon of law upon the death of :+ joint tenant or tdt ;he grant Of :nn' leasehold interest of three years or less <br />not containing an option to purchase, Lender may. at lender's option. declare all the sums neared he this Mortgage to he <br />immediate!y due and payable. Lender sh:dl hacc waived such opricn to accelerate i(. pror :n the sale or transfer. Lender <br />:+nd the person to whom the Property is to he solet or transferral reach agreement in wrinng that the rrodit of such person <br />is satisfactory to I_under and that the interest payable on the vote secured hp Chic Mortgage ahall bt ai such rate as Lender <br />shall rcyuest. If Lender has waived the opricn to accelerate provided in thn paragraph 7 .and it Aorrower'c successor in <br />interest has executed a w'ritlen assumption agreunent accepted in writing by Lender. I ender shall releass Rorrewer from all <br />obligations under this Mortgage and the Note. <br />If fender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accord¢mce with <br />paragraph 14 hereof. Such notice shalt provide a period of nt+[ Icss than i0 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Burrower I:uls m pay such sums pri++r to the cxpiratiun n( such pericxi, <br />Lender may, without further notice or demand nn Borrower. invoke :roc remedies permuted M pungraph I R hereof. <br />NoN-Utvteoana Coveva'`•rs. Borrower and I ender lurther coven:ua and agree us follows: <br />t8. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Martgage, inclndiug the covenants to pay when due am sums secured 6v this 1lortgage, <br />i.ender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hercrof specifying: (1) the breach; <br />(2) the action required to cure such breach; (3) a date, oat less than 30 days from the date the notice is mailed la Harrower. <br />by which such breach must be cored; and (i) that failure to cure snch breach nn or before the date specified in the notice <br />may result in acceleration of the sut+ts secured by this Martgage, foreclosnre by judicial proceeding and sale of the Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-a<istencc of a default or any other defense of Borrower to acceleration and foreclosure. if the breach <br />is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payable without further demand and may foreclose by judicial proceeding. Lender <br />shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited tu, coots of documentan~ <br />evidence, abstracts and title reports. <br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Borrower shall have the right to have any proceedings begun by l.cnder to enforce this Mortgage diuonrinued at any rime <br />
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