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80006566
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1/14/2010 2:52:24 AM
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1/14/2010 2:52:00 AM
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80006566
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Lendrr's •::ritrn agreement or applicable law. Hnrrmver shall pay tlrc amaurn of all mortgage insurance premiums in t}r. <br />moon-_r provided under parag.=aph ~ tw_reof. <br />.Any amounts disbursed by Lcaue.= pursuant to this paragraph i, with interest thereon. shall biome additional <br />indeb~edress of Borrower secured hr This Mortgage. Units Borrower and Lender agree to other terms of perm,-nt. si;ch <br />amounts shat; be paya63t upon notice from Lender ro Bor, rrwer requesting payment thereof. and shall Dear interest from the <br />date of disburstment at the colt payable from lime to time on otnstanding prncipal under the Note unless paytrtent of <br />interest at such rate would be contrary' to applicable taw. in which evem rsh amovrrts shall bear interest at the highest rate <br />permissible under appiicabie law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder. <br />CD 8. inspection. Lender may make or cause to be made reasonable entries aeon and inspections of the Prapem•. providty? <br />~ that Lender shall give Horrouwer notice prior to am• such inspection specifying reasonablt cause therefor related to Lender s <br />^~ interest in Fhe Property. <br />G '-. Condemnation. The proceeds of any award or claim for damages, direct or consequential in connection with any <br />condemnation or other taking of the Propern•. or part thereof. or far conveyance in lieu of condemnation. are hereby assigned <br />~- and shall be paid m Lender. <br />j In the event of a total taking of the Properly, the proceeds shalt be applied to the sums secured by this /Mortgage. <br />Q 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. them shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal eo that proportion which the amount of the sums stCared by this Mortgage immediately prior to the date of <br />taking liars 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 Harrower that the condemnor offers to make <br />an award or setele a claim for damages. Borrower fails ~ie respond to Lender within 30 days after the date stick 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 />Property nr io the sums secured by this Mortgage. <br />L tnttss Lender and Borrower otherwise agree in :writing. env 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. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />try this Mortgage granted by Lender to any successor in interest of Borrower shalt not operate to release. in any manner, <br />the liability of the original Borrower and Borrower's successors 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 h}• this Mortgage by reason of xny demand made by the original Borrower and Borrower's successors in interest. <br />- 11. Forbearance by Lender Not a Waiver Any forbearance by Lender in exercising any right or remedy hereunder. ar <br />.-_otherwise at3orded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to acePierateahe maturity of the indebtedness secured by this Mortgage. <br />-- - 12. Remedies Cvmala8ve. All remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or eyuity, and may' he exerrsed concurrently. independently or successively. <br />13. Successors and Assigns Bound; 3oint and Several T.iahility: 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 Harrower. <br />subject to the provisions of pazagraph 17 hereof. All Covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragnphs of this Mortgage are for convenience only and are not m be used to <br />interpret or define the provisions hereof. <br />- 1~, IL'otice. Except for any notice required under applicable law to be given in another manner. (a} env notice to <br />Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed to Borrower at <br />- the Property Address or at such other address as Borrower map designate by notice to Lender as provided herein, and <br />(b) any notice io Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein ar to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in ;his <br />Mortgage shalt be seemed to nave peen given to Borrower or lender when given in the manner designated herein. <br />- cniform Axnttgtrge; ~overniq, Law; Severability. This +."orm of mortgage combines emiferm covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />- -- - -- -real property. Tnis Mortgage shat) be governed by the law of the jurisdiction in which the Property is located. In the <br />event that env provision or clause of this Mortgage or the Note conflicts with applicah}e law.-such conflict shall cot affect <br />other provisions of this Mortgage or the Note which can he given effect without the conflicting provision. and to this <br />end fie provisions of fie Mortgage and the Note are declared to be severable. <br />Ib. Harrowers Copy. Borrower shall he furnished a conformed copy of the Note and of this Mortgage at the time <br />of exeanien or after recordation hereof. <br />37. Transfer of the Property; Assumption. If ail or any part of the Property or an interest therein is sold or transferred <br />by Borrower without tender's prior written consent excluding (a) the creation of a lien or encumbrance subordinate to <br />this Mortgage. ;h) the creation of a purchase money seeurirv interest far household appliances. te) a transfer by devise. <br />descent or by operation of law upon the death of a joint tenant ar (dl the grant of an}• leasehold interest of three years or less <br />not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to he <br />immediately due and payah!e. fender shall have waived such option to accelerate if, prior to the sale or transfer, Lender <br />and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of such person <br />is satisfacton• to Lender and that the interest payable on the sums secured by this Mortgage shall he at such rate as Lender <br />shall request. If Lender has waived the option to accelerate provided in this paragraph 17. and if Borrowers successor in <br />_- interest has esrcuted a written assumption agreement accepted in writing by Lender, Lender shalt release Borrower from all <br />obligations under this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />- paragraph 14 hereof. Such notice shall provide a period of not less than 3o days from the date the notice is mailed within <br />which Harrower may pay the sums declared due. If Bortower fails io pay such sums prior to the expiration of such period. <br />Lender may, without further notice ur demand on Borrower, invoke any remediu permitted by paragraph ti; hereof. <br />NON-UNIFORM COYEN,INTS. BOrrOWeC and Lender further covenant and agree as follows: <br />t6. Acceleration; Remedies. Except as provided iv paragraph 17 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this 1Nortgagq including the covenaants to pay when due any sums secnred by tbts Mortgage. <br />sender prior to acceleration shalt mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach: <br />(2) the action-required !o cure such breach; (3) a date, rmf less than 30 days from the dale the notice is mailed to Borrower, <br />by which such breach must be cured; and (4) that failure to c:we such bresrh on or before the date specified in fhe notice <br />may result in accelerat[on of the saris secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. <br />-The notice shall further inform Borrower of tba right to reinstate after acceleration and the right to assert in the foreclosure <br />proceeding the non-exisfwnce of a default or any other defetse of Borrower to accekraNOn and foreclosure. if the breach <br />is not cured on or before the date specified en the notice, Lemter at Lender's option may declare all of the sums secured by <br />this Mortgage to be immediately due and payabk without further demand and may forecFose by judicial proceeding. Lender <br />shall be entitled to collect in such proceeding- aB expenses of foreclosure, including, but not limited to, rusts nF aocnmentary <br />eviderrce, abstr•acls and title reports. <br />14. Hwrower's Righ! to Re3vstafe. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. <br />Harrower shalt have the right in have any proceedings begun by Lender to enforce this Mortgage discaMinued at any time <br />
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