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80006562
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1/14/2010 2:51:52 AM
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1/14/2010 2:51:35 AM
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DEEDS
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80006562
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$fl---~3 (! / 5 ~ ~ <br />L.ettder's written agreement or applicable law. Harrower shalt pay the amount of all mortgage insurance premiums in the <br />manner provided ender paragraph 2 M_reof. <br />Ary amaurts disbursed ey Lenoer pursuant to this paragraph 7, with interest thereon. shall become additional <br />indebtedness of Borrower secured by this Mortga¢e. Unless Borrower and Lender agrce to other terms of pa}•ment. such <br />amounts shall be payable upon notice from Lander to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement az the rate payable from time to time an ovtstandiag principal under the Note unless payment of <br />interest at such rate would be canirar• to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable lzu•. Nothing contained in [his paragraph 7 shall require Lender to inctiFany exper(~ or take <br />any action hereunder. <br />8. I~pection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />Thai Lender shall give Borrower notice prior to an}• such inspection specifying :easonable cause therefor related to Lender's <br />interest in the Propem•. _. <br />9. Condemnation. The proceeds of any award or claim for damaees, direct ar consequential, in conreciion with any <br />condemnation or other taking of the Property. ar part thereof. ar for conveyance in lira of condemnation.-are hereby assigned <br />and shad bs paid ' _cnder. <br />to the event of is 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 faking of the Property, unless Borzower and Ixnder <br />otherwise agree in writing. there shall be applied m 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 Mort¢age immediately prior to tfie date of <br />taking bears to the fair market value of the Property immediately prior to the date of takin3. with the balance of the proceeds <br />paid ro Borrower. <br />If the Property is abandoned by Borrower. or if. after notice by Ixnder to Harrower that the condemnor offers to make <br />an award ar settle a claim for damages. Borrower fails to remand to Lender within 30 days after the date such no[ics is <br />mailed. Lender is authorized Io collect and apply the proceeds. at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this ;vfortgage. <br />Iinlesc Tender and BarieWer atherwd.=.~_ agree in writing. any such applies*.ior. of proee_d=, to prircipa! shag not sxterd <br />or postpone the due date of the monthly installments referred to in paragraphs i and ?hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Exteesion of the time for payment or modification of amortization of the sums secured <br />bg• this Mortgage granted by Lender to am successor in interest of 8arrower shaif not operate ro release, in any manner. <br />the liability of the original Borrower and Borrower's sttccessars 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 Martgage by reason of any demand made by the anginal Borrower and Borrower's successors in interest. <br />3 ]. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, ar <br />otherwise aflt5l`II!~ of tic a waiver of or preclude the exercise of any such right or remedy. <br />The procurer~ten~` iEsg, f tales or other liens or charges by Lender shall not be a waiver of Lender's <br />right to acceikrat~t - ~~~ ess secttred by this Mortgage. <br />12. Rsruedii+s- r~ ` ~ provided in this Mortgage are distinct and cumulative to any other right er <br />- remedy unu'cr this Martgage or afforded by law or equity, and may be exercised concurrently. independently or successively. <br />13. Successors and Assigns Bonnd; Joint and Several Liability; Captions. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure ro. the respective successors and assigns of Lender and Borrower. <br />subject to the provisions of paragraph I? hereof. All covenants and agreements of Borrower shalt be joint and several. <br />The captions and headings of the paragraphs of this Morteage are far convenience only and are not to he used to <br />interpret or define the provisions hereof. <br />'14. Notice. Except far any notice required under applicable }aw to be given {n another manner. la) any notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Harrower at <br />the Property Address ar at such other address as Borrower mar designate by notice to !_cnder as provided herein, and <br />(bi any notice to Lender shall he given ry certified mail, velum receipt requested. to Lender's address stated 'Herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Atrv notice provided for in this <br />Mortgaee shaif tie deemed to have been given to Harrower ar [_cnder when given in the manner designated herein. <br />i5~ Uniform Mortgage; Governing Law; Sevcrabitity. "Chis farm of marteage combines uniform covenants for nations! <br />use and non-uniform covenants with limited varia[ians by jurisdiction to constitute a uniform security instroment covering <br />-- - - real progeny. This Martgage shaif he governed by the tow of the iurisdiction in which ?he Property is located. in the <br />evene that any provision or clause of this Martgage or the Nate conflicts with applicable law, such conflict sfial' not affect <br />other provisions of this Mortgage ar the Nate 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 />i6. Borrower's Copy. Borrower shall he furnished a rnnfarmed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />37. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is cold ar transferred <br />by Borrower without ixnder's prior written consent. excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage. (b) the creation of a purchase money security interest far household appliances (c) a transfer by devise, <br />_ descen~ ar by operation of law upon the death of a joint tenant or (d) the gram of any leasehold interest of three rears or less <br />not containing an option to purchase, Lender may. at Lender's option. declare ail the sums secured by this Mortgage m he <br />immediately due and payable. Lender shall have waived such option to accelerate if, poor to the sale or transfer. Lender <br />and the person to whom the 1 roperty is m he sold ar transferred reach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable nn the sums secured by this mortgage shall be at such rate as Lender <br />shaif request. /f Lender has waived the option to accelerate provided in-this paragraph 17, sod if borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by i_ender, (.ender shall release Borrower fmm all <br />obligations under this Mortgage and the Note. <br />if Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 24 hereof. Such notice shall provide a period of nor less than 30 days from the date the notice is matted within <br />which Harrower may pay the sums declared due. if Borrower fails ro pay such sums prior ro the expiration of such period, <br />-Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph i S hereof. <br />Nov-UmFOa+r Covt:n,srv~rs. Borrower and Lender further covenant and agree us follows: <br />IS. Acceleratloa; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this R9ortgage, including the covenants to pay when due any Burns secured by tbis Mortgage, <br />fender prior to accekration shaif mail Irotice to Borrower as provided In paragraph 14 hereof specifyiug: (1) the breach; <br />(2) the action required to cure such breach; (~) a date, not less than 39 days from the date the notice is mailed !o Borrower, <br />-by wbieh Bosh breach must tie cured; and (A) tbaf Failure to core such breach on or before the date saeciflsd in the =Rice <br />- »irty result in acceleralian of the sums secured by thLs Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />The notice sttaB furtber inform Borrower of the right !o reimtafe after acceleration and the right to assert in the forecosure <br />proeeedtag the Iwo-existence of a default or any other defense of Borrower to acceleretion and foreclosure. U the breach <br />is oat cured on or before the dale specified in-the notice, Lender at Lender's opton may declare aB of the sums secured by <br />- ~ -this Mortgags to be immsdiately due and payable witbont fnriber demand sad may foreclose by jndisial proceeding. Ixnder <br />slwB be entitled to collect in sash proceedingatl expenses of-foreclosure, includbig, but no[ (trailed to, coats of documentary <br />- evidence, abstracts and title reports. <br />19. Borrower's R6>:hf fa Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Martgage, <br />Bor[owet shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time <br />
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