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80004197
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80004197
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1/13/2010 8:51:52 PM
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80004197
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80--~ 0 ~~~~7 <br />Leader's wriaea agreement or applis:abk law. Botrtrwer shall pay the amount of a6 mortgage ;r=~..,-.,,.~ premiums in 21se <br />mamter provided under paragraph Z hereof. <br />Arty amaunu disbursed by Lender pursuant [o this paragraph i. with interest thereon. shag became additional <br />indebtedness of Borrower steered by this Mortgage. Unless Borrower and Lrndsr agree to other terms of paytneat, stafit <br />amounts shall be payablt upon notice from Lender to Botrawer requesting payment thermf, arsd shah Sear interest from tilt <br />date of dubursttn=nt at the razz payable from time to tint oa outstand"mg prineipat wader the Nutt ttn[ess ps9meat of <br />intntst at snch rats would be contrsry to applicable taw, in which ecem such atrtoanq shah bee imerest at the highest rate <br />permistible leader applicable law. Nothing contaitttd in this paragraph 7 shah require Leader [o inatr any expense or take <br />say actiaa hereunder. <br />8. Lrr>$eetion. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Leader shall give Borrower notice prior to any suck inspection specifying reaxonable catrse therefor related to Lender's <br />interest in the Property. <br />9. CondemttaNoo. The proceeds of any award or claim for damages, direct or consequential, in conneetinn with any <br />condemnation or after taking of the Property. or part thereof. or for conveyance in lieu of condemnation, are hereby assigned <br />and ;halt to paid to Lender. <br />In the event of a total tatting of the Property. the proceeds shall be applied to the sates stxured by this Mottgage, <br />with the excess, if any, paid to Harrower. In the event of a partial taking of the Proem, unless Borrower sad Lender <br />otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of theproceeds <br />as is equal to chat proportion which the amount of the sums secured by this Mortgage immediatety grin[ to the date of <br />taking hears to the fair market value of the Property immediatey prior to the dace of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Proaem is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor o9eta to matte <br />an award or settle a claim for damages, Borrower faits torespond to Lender within 30 days after the date snch notice is <br />mailed, Lender is authorized to collect and apply the proceeds, a[ Lender's optiaa. either to restoration or repair of tfx <br />Property or to thx sums secured by this Mortgage. <br />Unless Lender and Horrawer otherwise agree in writing, any such application of proceeds to principal shall not eztend- <br />or postpone the due date of the monthly instalimrnts referred to in paragraphs 7 and ?hereof or change the amount of <br />such insiallmens. <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 Leader to any successor in interest of Borrower shall not operate to release. in any manner. <br />the liability of the original Borrower and Homawer's successors in interest. Lender shall not 6e required to commence <br />proceedings a¢ainst such successor or refuse to extend time for payment or otherwise modify amortizaton of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrowers successors in interest. <br />21. Fotfiearaoce by Cinder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. of <br />otherwise afforded by applicable law, shall not be a waiver of or preclude [he exercise of any such right or remedy. <br />T-ru procurement of instiraact. or the payment of taxes or other Gens or charges by Lender shall not be a waiver of Lender's <br />right.toaccelerate she mtitnriht of the indebtedness secured by this Mottgage. <br />12. Ramedks'Cd®dti1E-e. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />rerned}~trrtder thisAKottglge~or°afforded by law or equity'. and may be exercised concurrently. indeprndmtly yr successively. <br />Y3: 5ncesstirs - and :iss3sas Boandt Joint and Several LlabBity; Caption. The covenants and agretmrnts 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 lie joint and several. <br />T'fse capxions and headings of the paragraphs of this .1otgage are t'or convenience only and see eat to be used to <br />interpret or define the provisions hereof. <br />ld. Notice. Except for any notice required under applicable law [v be given in another manner. ia) any notice 20 <br />Borrcwer pravidtd tot in this Mortgage. shall bt gi:•en by mailin¢ Such notice by .:ettified mail addressed to Dorrower at <br />the Prapem Address or a[ such other address as Borrower may desienam Sy notice to Ltnder as orovided hereue. and <br />(?+) any entice w Lcndtr shall be given Sy ctriifitd mail, strum rtet~p[ requested, ro Ltndtrs address stand hereir. ar to <br />such other address as Leader may designate by notice m Borrower as provided herein. Any notice provided for in this <br />Martgagt shat' ht dezmed ro ha+°e hart. given to Barawer ar t-ender whey given in the marmtr dtstgnated herein. <br />15. Ltnfform Liore~~e; G,~verairtg Law: Sererabtiity. This fora[ of mortgage combines v^.iform c^veaams far nations! <br />zest and non-uniform covenants with Iimite~d variations 6y jurisdiction to constitute a uniform security instrument covering <br />real property. Phis Mortgage shalt be governed 6y the law of the urisdicbon in which the Property is located. In the <br />event that say provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mottgage yr the No[e which can he given effect without the conflicting provision. and ro this <br />end the provisions of the Morteage and the Vote are declared to be severable. <br />16. Borrower's Copy. borrower shall be furnished a wnfotmed copy of the Vote and of this Mortgage at the~time <br />of execution or alter recordation hereof. <br />11. Transfer of the Property; Assumption. If all or any patt of the Property or an interest therein is sold or transferred <br />6y Borrower without Lender's prior written consent, excluding (a1 the creation of a lien or encumbrance subordinate to <br />this Mottgage. (b; the creation of a ourchase money security interest for household appliances, tc) a tmnsfer by devise. <br />descent or by operation of law upon the death of a joint tenant or id) the grant ot" any leasehold interest of three years or less <br />not comaining an option to purchase. Lender may, at Lender's option, declare all the sums secured by this '.vottgage-ty be <br />immediately due and payable. Lender shall have waived such option tv accelerate if, prior ro the =.ate or transfer. Lender <br />and the person to whom the Property is to 6e sold or transferred reach agreement in writing that the creuit of such person <br />in salisfactory to Leader and that the interest payable on the sums secured by this Mortgage hail he at such rate as Lender <br />shall request. if Lender has waived the option to accelerate provided m this paragraph i7, and :f Bortower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shalt release Borrower from all <br />ob}igations under this Mortgage and the Noee. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower noun of acceleration inaccordance with <br />paragraph IJ hereof. Such notice shall provide a period of nut less than 30 days from the dare the notice is mailed within <br />.ahx Borrw~r may pay the sur:.s declared due. ti Borrower :ails ro psy such sum; privy tr, :he expiration of such period. <br />Lander may. •+-ithout Yvriher nonce or sitmand en Borrower. invoke any remedies permuted by paragraph 13 hereof. <br />Nox-UYttoast Covatia;vrs. Borrower and Lender furher cusenant trod agree as ioilows: <br />i$, Aeceferatfon; Remedies. Except as provided iu paragraph 17 htrtnf, upon Borrower's breach of nny covenant or <br />agtxrtment of Borrower in this .~'iortgage, including the covenants to pay when due any sure secure) Sy this Mortaaar. <br />Lender prwr to acceleratlon shall mail notice to Borrower as provided in paragraph ld htreoF specifyinga t U the breath: <br />(2) the netiun rtquirrd to cure sash breach; 13) a date, rent Its.- than 30 days from the date the twtice is mailed to Borrower, <br />by which such breach must br eueed; and f4) that failure to cure such breach on or before Ihr date sprcifed in the notice <br />may result in accelerauon of the luau secured by this Mortgage. foreclosure by jndicia{ proceeding and sole of the Propem~. <br />The nonce sha0 further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the nan~existrnce of a default or any other defenxr of Borrower to acceleration sad forecWsurr. if the breach <br />is rout cured on or before Ure date speciSed in the notice, Lender at Lender's optlan may drrlare all uF the smtu secured by <br />Ueis Mortgage to be immedeatriy due and payable without turiher demand and mar turechue by judicial proceeding. Lender <br />shall br entitlxd m collect in such proceeding aB expenses of foreriosure, ireduding, but na limited tu, costs of docuaeentury <br />rvidance, a. iraczs and utlr rrpurts. <br />1°. ~:ruwrts Rigltt to Reirotatt. tiottri[hstardi rig Ltnder; acce!araumt of the sums scoured hs -his Mortgage. <br />Borrower shall have the right to have airy proceedings Fxgun cy Lender to enforce the ~torgage dis.onr. r, _+ed it am r,me <br />
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