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80006569
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1/14/2010 2:52:52 AM
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1/14/2010 2:52:30 AM
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DEEDS
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80006569
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'Lender's wriiter. agreement ar applicable law. Borrower steal} an' +.he amount of atl trtortgage insurance premiums in the <br />manner prav;d>_d under paragraph 2 hereef- <br />Any amounts disbursed by :'-ene;er pursuant to This parag:ap3; '.. waft imertSt roe: ear.. s'tatt become additional <br />indebtedness of Borrower secured by this Mortgage. L"nkss Srnrnwer end Lender agree to other terms of parnum. such <br />amounts shall ire payable upon notice from Lender to Barrowe: reaoestinE payment thereof. and slrail bear itneresz Tram the <br />date of disbursemen? at the rate payable from time to time on outstanding principal urt~r the Note unless payment of <br />interest at such rate would be contrary to applicable law. in which ereni such amounts shall bear interest at the highest rate <br />permissible under apphcable law. Nothing contained in this paragraph 'shall require Lender to loco: any expense or take <br />any avian hereunder. <br />_ ~ g. Inspection. Lender may make or cause m be made reasnnabte entries upon and inspections of the Property, provided <br />~ that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Pmpert}'. <br />~ 9. Condemrratton. The proceeds of any award or claim for damages. direct or consequential. in connection with any <br />condemnation or other caking of the Propatty. or part thereof. or for conce ranee in lieu of condemnation. are hereby assigned <br />G and shall bz paid to i~.ader- <br />G'+ In the event of a total taking of the Property. the proceeds shalt be applied to the sums secured by this Mortgage. <br />with the excess, if env. paid to Borrower. In the event of a partial taking of the Property, unless Boroower and Lender <br />otherwise agree ir, writing. there shall be applied to tfie sums secured by this Mortgage such proportiar, of the proceeds <br />d as is equal [o that proportion which the amount of the sums Secured by *.his Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the dale of taking. with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Harrower. ar if, after notice by Lender to Borrower that tfie condemnor offers to make <br />an award or settle a claim far damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Lender is authorized to collect and apply the proceeds, at Lenders option. either in restoration or repair of the <br />Property or to the sums secured by this Mortgage. <br />Unless Lender and Borrower otherwise agree in writing. an7 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 />by this Mortgage granted by Lender to any successor in interest of Borrower steal! not operate to release. in any manner. <br />the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence <br />proceedings against such successor or refuse to extend time fcr payment or otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance`try Lender Not a'R'aiver. Am• forbearance by i.ender 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 procurement of insurance. or the payment of taxes or other liens or charges by Lender shall not he a waiver of Lender's <br />right to accelerate the-maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. .Ali remedies provided in this Mortgage are distinct and cumulative to any other right or <br />' remedy unu'cr this Mortgage or afforded isy law nr equity- and may he exercised concurrently. independently or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability: Captions. Thz 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 [o the provisions of paragraph 17 hereof. All covenants and agreemems of Borrower shall be joint and several- <br />T'he captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to <br />Borrower provided for in this :Mortgage shall rte given by mailing such notice by certified mail addressed to Borrower at <br />the Prapert±:.Address nr at such other address as Borrower may designate hs notice to i_ender as provided herein, and <br />(b) any notice to Lender shall he giver. by certified mail, return receipt requested. ro Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />hfertgagz shall be deemed to have been given to Borrower or Lender when given in ibe marner designated herein. <br />15. Uniform Wiartgagei Governing Law; Severability. This form of mortgage combines uniform ;:avenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />-- -real property. This Mortgage shall be governed by tfie law of the jurisdiction in which the Property is located- In the <br />event that any provision or clause of this Mortgage or the Note conflicts with applicable taw, such conflict shall not affect <br />other provisions of this Mortgage or 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 />16. Borrower's Copy. Borrower shalt be furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender', prior written consent. excluding (a) the creation et a lien or encumbrance subordinate to <br />this Mortgage. (h) the creation of a purchase money security interest far household appliances, (d a transfer by devise. <br />descent or by operation of law upon the death of a join[ tenon[ or (d> the grant of an}' leasehold interest at three years ar less <br />not containing :+n option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender <br />and the person m whom the Property is to be sold or transferred reach agreement in writing that the c2dit cf such person <br />is satisfacton• to Lender and that the interest payable on 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 accepted in writing by I-endeG Lender shall release Borrower from ail <br />obligations under this Mortgage and the Nnte. <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 30 days from the date the notice is malted within <br />which Borrower may pay the sums declared due. If Borrower fails m pay such cams prior to the expiration of such period, <br />_ Lender may'. without Further notion or demand on Harrower, invoke any remedies nernutted by paragraph (R hereof. <br />NoN-Uxteottnt CovEr+nwrs. Borrower and Lender further covenant and agree as follows: <br />lg. Acceleraiiou; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or <br />agreerrrent of Borrower in this Mortgage, irrciuding the covenaufs to pay when due any sums secored 4y this Mortgage, <br />f,eader prior to acceleration shelf mail natece to Burrower as provided in paragraph 14 hereof specifying: (1) the breech; <br />(E) the action eequlred to cure such breach; (3) a date, rrot less than 3U days from the date the notice is mailed to Borrower, <br />by which such breach mwt be cured; and (4) that Failure to cure such breach on or before Lire date specified in the rroiice <br />M...mm.. r..,e~l.,css~e I,c i.,A:..:ter .. ~vo.i:..a ~nA color .J fh_n P..arorfv_ <br />:.ay .tea:t sn ae~~:a;iva of .:n ~a.:; -Wiz...- Y by :hW ...~.~_, <br />The notice shall further inform Borrower of the right to reinstate after acceleration aml the right to~assert in the foreclosure <br />proceedtog the rwo-exisience of a default or any other defense of Borrower to acceleration and Foreclosure. If the breach <br />is cwt cured <rn or before fire date specified in the notice, Lender at Lender's option may declare all of the sums secured by <br />bhia Mortgage fo be immediately due sad payable without further demand and rosy foreclose by judicial proceeding, [,ender <br />shag be entltfed to collect in such proceeding aB expenses of foreclosure, including, bul not lindted to, costs of documentary <br />evidence, absaracts aae9 title repoww <br />19, ;Inrrower's Right 2n Reinstate. Notwithstanding I..ender's acce{eration of the sums secured by this Mortgage. <br />Bo; rower shall bare tb.. right :a have any proceuii:tgs tx;gun by Lender to enforce this Mortgage discominued at any time <br />
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