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20100897� <br />default under the Note, the arnounts due and payable under the Nate will be fargiven as follows: The <br />principal amount of the Loan shall be reduc�d over the first 5 years by 1/60th of the original principal <br />balance of the Loan for each month the Loan is outstanding. Such monthly reductions shall take effect in <br />arrears on the same day of the month the Loan was originally made. In the event of foreclosure the full <br />amount of the principal remaining due shall be forgiven. <br />2. DESIGNATION OF DEPAULT AND REMEDIES. Lender shall give notice ta Borrawer and Senior <br />Lien Holder prior to a designation af a default under the Note. The notice shall specify: (a) the default; (b) <br />the actian required ta cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />T3orrower (and with respect to Senior Lien Holder, 60 days frorn the date the notice is given to Seniar Lien <br />Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date <br />speci�ed in the natice may result in desi�nation of a default under the Note and the sale of the Property. <br />The notice shall further inform Borrower of the right to reinstate after designation of a default and the right <br />to bring a court action to assert the non-existence of a default ar any other defense of $orrower to a <br />designation of default and sale. If the default is not cured by Borrower on or befare Che date specified in the <br />notice, and Senior Lien Holder has not exercised its right to cure the default, then Lender at its option may <br />designate a default and require immediate payment of all sums not forgiven secured by this Martgage <br />without further demand and may irtvoke the power af sale and any oCher remedies permitted by applicable <br />law. Notwithstanding Lender's right to invoke any remedies hereunder, Lender may not commence <br />foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies <br />hereafter until it has given Senior Lien Holder at least 60 days prior written notice. Lender shall be entitled <br />to collect all expenses incurred in pursuing tha remedies provided in this section 2, including, but not <br />limited to, reasonable attorneys' fees and costs of title evidence. <br />lf Lender invokes the power of sale, Lender shall mail copies of a notice of sale in the manner prescribed <br />by applicable law to Borrower, Senior Lien Halder and to the other persons prescribed by applicable law. <br />Lender shall publish the notice of sale by public advertisement for the time and in the manner prescribed by <br />applicable law. I,ender, without demand on Borrower, shall sell the Praperty at public auction to the highest <br />bidder for cash at the time and place and under th� terms designated in the notice of sale in one or more <br />parcels and in any order Lender determines. Lender may pastpana sale of all or any parcel of the Property <br />ta any laCer time on the same date by public announcement at the time and place of any previously <br />scheduled sale. Lender or its desi�nee may purchase the Property at any sale. <br />Lender shall deliver to the purchaser Lender's deed conveying the Property without any covenant or <br />warranty, expressed or implied. 7'he recitals in Lender's deed shall be prima facie evidence of the truth of <br />the statements made therein. Lender shall apply the proceeds of the sale in the following order: (a) to all <br />expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums not forgiven by <br />this Mortgage; and (c) any excess to the person or persons legally entitled to it. <br />3. SUBORDINATIQN. This Mortgage is subject and subordinate in all respects to the liens, terms, <br />covenants and conditians of the First Mortgage and to all advances heretofore made or which may hereafter <br />be made pursuant to the First Mortgage, including all sums advanced for the purpose of (a) protecting or <br />further sacuring the lien of the First Mortgage, curing defaults by Borrower under the First Mortga�e or for <br />any other purpose expressly permitted by the First Mortgage; or (b) constructing, renovating, repairing, <br />furnishing, fixturing or equippin� the Property. The terms and provisians of the First Mortgage are <br />paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. <br />In the event af foreclosure of the First Mortgage, any provisions herein or any provisions in any other <br />collateral agreement restricting the use af the Propsrty ar otherwiss restricting Borrower's ability to sell the <br />Praperty shall have na further farce ar effect an subsequent awners or purchasers af the Property. Any <br />person, including his successors or assigns (other than Borrower or a related entity of Borrower), receiving <br />title to the Property through a foxeclosure of the First Mortgage shall receive title to the Property free and <br />clear frorn such restrictions. <br />4. NOTiCES. Any notice to Borrower pravided for in this Mortgage shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of anather method. The notice shall be <br />directed ta the Property Address or any other address Borrower designates by notice to the Lender. <br />5. RELEASE. Upon satisfaction of all sums secured by this Mortgage (whether by payment ar <br />forgiveness), Lender shall release this Mortgage without charge to Borrower. Borrower shall pay any <br />recordation costs. <br />6. MODIFICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender consents to any <br />agreement or arrangement in which Senior Lien Holder waives, postpones, extends, reduces or modifies <br />2 <br />