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80004250
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1/13/2010 8:58:45 PM
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1/13/2010 8:58:21 PM
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DEEDS
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80004250
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8t3- ~ _ ~ 2 ~ 0 <br />Lender's written, agreement ar applicable taw. Borrower shall gay the aamstn[ of all trwrtgage insurance premiums in t're <br />mantter provided under paragraph 2 hereof. <br />Any amounts disbursed 6y Lender pursuant to this paragraph 7. with tsttertsi thereon. shall become addiiirntal <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Irtrder agree to other terms of payment, such <br />amounts shat[ be payable upon notice from Lender to Borrower tequestiog payment thereof, artd shag boar interest from-the <br />date of disbursement at the rate payable from time to tithe on outstanding principal tinder the Note-unless paymatt. of <br />interest at such rate would be contrary to applicable law, in which event such amotmts shall bear intuest at the higltes[ rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shaft require Lender to izteur any tn[ptmse or take <br />any action hereunder. <br />8. inapeetio®. Lender may make pr catue to be made reasonable oracles upon and inspe:.tlons of tht Propcny, provided <br />that Lender sha}I give Borrower notice prior to any such inspection specifying reasortabM_ cause therefor related-to Lender's <br />interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequeviial. in connection with any <br />condemnation pr 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 />to the event of a total taking of the Pmperry, the proceeds shall be apptied to the sums stxured 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 6e 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 tzars 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 />1f the Property is abandoned by Borrower, or if, after notice. by Lender to Horrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails-to respond fo (.ender within 30 days shoe 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 />Propene or to the sums secured by this Mortgage. <br />Tlnless 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 1 and 2 hereof or change the amount of <br />such installments. <br />10. Bortower Nat Released. Extension of the time far payment yr modification of amortization of the sums secured <br />by this Mottgaee granted by Lender 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 Tender shall not he inquired 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 Morgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Fntbearaace by bender RM a Waiver. Am• forbearance h7 Lender in exercising any right yr remedy hereunder, or <br />otherwise afforded by applicable law. shall not he a waiver of or preclude the exercise of ant• such right or remedy. <br />The procurement of insurance or the pavmem of taxes or other Dens pr charges by Tender shall hat he a waiver of Lender's <br />right to accelerate the maturity of the indebtedness centred by this Mortgage. <br />l2. Remedies Cumulative. .4A remedies pmcided in thic Mortgage arc distinct and ntmulative ro am• other right or <br />remedy under this Mnrtgaga or afforded by tsar nr equip=. and mac he exercised eoncurrcntly. indenendentiy ar successic•ely. <br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and aescements herein <br />contained shalt bind, and the rights hereunder shaA inure to, the recpecrive saccessva and assigns of i.ender :rod Rarrower. <br />wbiect to the provisions of paragraph 17 hereof. .Ali covenants and agreements of Borrower shat: be joint and several. <br />The eaptiers and headings of the paragraphs of this Mortgage are fpr comemence onk~ :rod arc hat to he nsad to <br />interprt or de5nc the provisions hereo[. <br />I-0. Nance- Except fur any notice required under applicable law to be given in another manner, fat :?nv notice to <br />Aprruwer provided for in this Mar[gage shall be given M' mailing such notice by .ciified mail addressed to Burro+cer at <br />, rrpe-v Address t,- :, citch other address as 6arrowcr may designate by notice rv i ender . s provided herein. and <br />(b? any notice to Lender shall he given by certified mail. return receipt requested. m Lender's address stated herein or fa <br />such other address as Lender may designate by notice to Borrower as prm•idcd hereto. 9nc naticc provided far in this <br />Mortgage shall he deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />75. uniform Mortgage; Governing Law; Severabilih•. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction !o constiane a uniform security instrument covering <br />rest property. This Mortgage shall he governed by the law of the iurixdictior. in which the Property is located. In the <br />event that any provision nr clause of this Mortgage er the Nnte conflicts as ith applicable lau•. such 'pnfljfy shall not affect <br />other previsions of this hiongagr or the Note which c ? be given effect without the cunflictit~~frovrsitm,`•and m this <br />end the provisions of the Mortgage and the '~'vte arc declared to he severable. <br />26. Borrower's Copy. Borrower shalt he furnished a con formed copy of :he Note and oE'[Taix-Mortgage at the time <br />of execution or after recordation hereof. <br />77. Transfer of the Proyart7; Assumption. If all pr any part of the Property nr an interest therein i. sold or transferred <br />by Borrower without Lender's prior written emuetn. excluding lei the creation of a lien err encumbrance subordinate to <br />this Mortgage. (b) the creation of a purchase money securiq• interest for household appliances. R1 a transler by devise. <br />descent or hp operation of law upon the death of a ioim tennnt nr <br />Lender may. at 1-ender's optrnn. declare all the sums secured by this Mortgage in he <br />immedia[eiv due and payable. lender shall have w:uved suet: option In accelerate if. prior to the .ate or tnmafer, Lender <br />and [he person to whom the Property is to he sold or transferred reach agreemem in venting that the credit of such person <br />is satisfaetorv tv Lender and Iha[ the interest payable nn [hr wins secured by this Mortgage shall be tit web rate as Lender <br />shall request. ff Lender has waived the option tv accelerate provided in thin paragraph 17. and ii Anrrawer's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender. Lender shalt release Aorruwer from ell <br />obligatinnz under this Martuaee and the Note. <br />ii Let?der exercises such option to accelerate. Lender ch:dl mail forrower nptice of acce!rrauon m u. n?rdance w~uh <br />onragraoh i1 hereof, Such notice shall provide a period of not Tess than to days Innn the date the nuticc i. ~~~.~ailyd within <br />which Borrower may pay the sums declared due. II' Borrower f ails to pay such gums prior to the expiration ••t such period, <br />Lender mxy, without further notice or dtmand vn Aorruwer. invoke any remedies perm~;ted by paragraph I H herenl. <br />Nou-UnrFOaet Covennurs. Borrower :rod Lrndcr further covenant and agree as h+lbws: <br />Ig. Acceiemtioo: Remedies. Except as provided in paragraph t7 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in the Mortgage, including the covenants to pay when due any sums secured 6y this M1tortgage. <br />bender prier to acceleration shag mail notice fa Borrower as provided in paragraph 14 hereof specifying: lti the hceach; <br />(2) the actioo-reyuired to cure stirh breach; (3) a dale, not less than 30 days from the date the naticc is mailed to Borrower, <br />by whfch such breach must be cured; and 74) that failure to cure such breach on or before the dale specified in the naticc <br />may result in eccekretion of the sums secured by this lfor/gagei foreclosure by judicial proceeding and sale of the Property. <br />The notice shall further inform Borrower of the right to rcittstete after acceleration and the right to assert in the foreclosure <br />praceedfog the nonexistence of.a defauB or eny ocher defetsse of Borrower in acceiemtimt and foreclosure. If the breach <br />is not cured on or 6efure the date specifed in the notice, Lender et Lender's op/ion map declare a!1 of the sums secured by <br />this Mortgage to be immediately due and payable without further dtmand and may foreclose by judicial proceeding. [.ender <br />shall be entitled to collect in such proceeding alt expenses of fureebsure, fncfading, but not limited tn. costs of documentary <br />evidetece; y~iracts oral title reports. <br />19• Borrower's Right to Reir~slaie. Nvlwilhslanding Lcndcr's accclerunon of the gums caned hY ^li. \4oncagr. <br />Aorruwer shall have the right to have xny proceedings begun hg I ender to enforce thn Mortgage dixunnnutd at a j tune <br />
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