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80004502
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1/13/2010 9:25:19 PM
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1/13/2010 9:24:59 PM
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80004502
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<br />Lender's written agreement or applicable law. Borrower shall pay the amoum of ail mortgage insurance prrntiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Leader pursuant to this paragraph 7, with inrerest thertmn, shall become additional <br />indebredrtess of 3orrower secured by this Mortgage. Unless Borrower and Lender agm to other terms of pamuat, such <br />amounts shall be payable upon notice from Lender to Borrower requesting paymrnt thereof. and shall bear interest from the <br />date o£ disbvrsemem at the rate payable from nme to time on outstanding principal under the Note unkss papmmi of <br />interest at such rate would be contrary to applicabk taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing mtuained in this paragraph 7 shall requite Lender to incur any exptmu or take <br />any action hereunder. ~ ' <br />8. 7nspectlon. Lender may make or cause to be made reasonable entries open and inspections of the Property, provitkd <br />that Lender shall give Borower notice prior to any such inspection specifying reasonable cause therefor related to Lrndeds <br />inrertst in the Property. <br />9. Coademnatton. Tne proceeds oP any award or claim for damages. direct or consequential. in connection with any <br />condemnation or other takine of the Property, or pan thereof, or fo: conveyance in lien of condemnation. are hereby assigned <br />and shall be paid to Linder. <br />In 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. in the event of a partial takin¢ of the Property, unless Borrower and-Lender- <br />otherwise agree in writing, there shall be applied to the sums secured by this .vortgage 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 [o Borrower. <br />if the Propem is abandoned by Borrower. or if, after notice by Lender ro Borrower that the condemnor offers to make <br />an awaM_ or senle a c!aim for damages, Borrower folio ro respond to Lt_~tder within 34 days after the date such noeas is -~ <br />mailed. Linder is authorized ro collect and apply [he proceeds, at Leaders opton, either to restoration or repair of rho-, <br />Propem or to the sums secured by this Mortgage. - <br />Lrnless Lendtr and Borrower otherwise agree in writing, any such aQplieatien of proceeds to principal shall not extend' <br />or postpone the due date of the monthly installments referred fo in paragraphs 1 and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time for paymem or modification of amortization of the sums ucured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in coy manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to eotrtmettce <br />proceedings against such successor or refuse to extend time for payment ar otherwise modify amortization of the sums <br />secured b_v this Mortgage by reason of nay demand made by the original Borrower sod Borrower's successors in interest. <br />il. Forbearance by Lender Not a Waiver. .4ny Forbearance by Lender in exercising any right or remedy hereunder. or <br />otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procuremen apeyment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelera ~.ahe indebtedness secured by this Mortgage. <br />12. Reme °' ' :r~tedies provided in this Mortgage are distinct and cumulative [o any other right or <br />remedy under th ot=equiry. and may 6e exercised concurrertiy, independently or successively. <br />13. Saccessors and .-Assigns Round: Joint and Several Liability; 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 i hereof. Ali covenants and agreements of Borrower shall be joint and several. <br />Tre captions and headings of the paragraphs of this Mortgage are for ronvenience only and ate no[ to be used to <br />interpret ar detine the provtsions hereof. <br />I3. Notitt. Except for any notice required under applicable law ro be given in another manner (al any notice to <br />Borrower provided for :n this Mortgage shall he given by mailing such nonce by certified mail addressed to Borrower at <br />the Prapzrty Address or at such other address as Borrower may designate by notice to Linder as provided hzrzin, and <br />(b} any notice m Lender sha[1 be given by certified mail, return receipt requested. m Lenders address stated herein or to <br />~r,~h ether addr~ ~~ t ender may de_ignate by notice to Borrower as, provided harem. Any nodce provided r'er in rhis <br />Mortgage shall oe deemed to nave been given to Borrower or Lender whin given in the manner designated herein. <br />13. Liniform b'lortgage; Governing Law; Severabrlity. "this farm oI mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting <br />real property. This Mortgage shall be eoverned by the law of the jurisdiction in which the Property is lo<:ated. In the <br />event that any provision ar clause of this Mortgage or the Vote conflicts with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which can be given 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 alter recordation hereof. <br />17. Transfer of the Property: Assumption. If all ar any part of the Property ar an interest therein is sold or transferred <br />6y Borrower without Lender's prior written consent. excluding (al the creation of a lien or encumbrance subordinatt to <br />this Mortgage, (b) the creation of a purchase money security interest for household appliances. ic) a transfer by devise. <br />descant or by operation of law apon the death of a joint tenant or (dl the grant of any leasehold interest of three years or lass <br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage ro be <br />immediately due and payable. Lender shalt have waived such option to accelerate i[, prior to the sale or transfer. Lender <br />and the person to whom the Property is to be sold or transferred reach agreement in wrung that the credit of such person <br />is satisfactory to Lendtr and that the interest payable an the sums secured by this Mortgage shall be at such rate as Lender <br />shall 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 accepred in writing by Lender. Lender shall releasz Borrower from all <br />obiiga¢ions under this Mortgage and the Nnte. <br />[f Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph I1 hereof. Such notice shall provide a period of not less than 30 days from the dace the notice is mailed within <br />which Borrower may pay the sums declared dui, ti Bortowzr fails to pay such nuns prior ro the expiration ~~[ such period, <br />Lendtr may. ~.vid:out f;trther notice or demand on Borrower invoke any remedies pzrmatcd t;y paragraph !'+ '~eriaf. <br />Non-UNIFORM Covs?vnt+rs. Barrowzr : ad Lender further covenant and agree as follows: <br />lg. :lceekradon; Remedial. Except as provided in paragraph 17 hereof, upon. Rarmwer's hrench ut any covenant nr <br />agreement of Borrower in this Mortgage, including the covenants ro pay when due uny sums secured by this Mortgage. <br />Leader prior to aceekradan shell mail notice to Borrower as provided in paragraph l4 hereof specifying: (q the hrench: <br />f2} the action required to cure such breach: (3) a date, nut less than 30 days from the date the notice is mailed M Borrower, <br />by which such breach must be cured; and IJ) that failure to cure such breach nn or Aefore flit date specified In the notice <br />ntey result in acceleration of the soots secured by this Mortgage. foreclosure by judicial proceeding and sale of the Property. <br />Tha nonce shalt further inform Burrower of the right to reinstate after acceleratim and the right to assert in the foreclosure <br />prnceedittg [he non-existence aF a default or uny other deFense of Borrower to ncceleratian and foreclosure. If the breach <br />is not cured on nr before the date specified in the notice, Lender at Lender's option may declam all at the stuns secured by <br />this btortgage 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 cif expenses of foreclosure, including, but nol limited to, costs of documentaq~ <br />eridence, ahslracts and title reports. <br />i9. Borrowers Right to Reinstate. Notwithstanding Lender's aceeleratton of ilia sums secured by this Mortgage. <br />Borrower shalt have the ?ighi io ha+z any p?oczzdings bzgun by Lzudzr to enforce [his vtartgagz disconunuzd at any t~ntz <br />
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