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<br /> " : � ..r t :�� � 98" 1�13456
<br /> Account No.:940-2-390-406807
<br /> Substances that are generaily recognized to be appropriate to normal residential uses and to maintenance
<br /> of the Property.
<br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, law suit or
<br /> other action by any law of which Borrower has actual knowledge. If Borrower learns, or is notified by any
<br /> governmental or regulatory authority,that any removal or other remediation of any Hazardous Substances
<br /> affecting the Property is necessary, Borrower shall promptly pay all necessary remedial actions in
<br /> accordance with Environmental Law.
<br /> As used in this paragraph 19 "Hazardous Substances" are those substances defined as toxic or
<br /> hazardous substances by Environment Law and the following substances: gasoline, kerosene, other
<br /> flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br /> containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 19,
<br /> "Environmental Law" means federal laws or the jurisdiction where the Property is located that relate to
<br /> health,safety or environmental protection.
<br /> 20. Post Judgment.Borrower agrees that the interest rate payable after a judgment is entered on the Note
<br /> or in an action of mortgage foreclosure, shall be the rate stated in the Note or, if the state does not permit
<br /> the Lender to charge the Note rate,then the judgment rate required under applicable law shall appiy.
<br /> Any advances made by Lender after a judgment on the Note or in an action of mortgage foreclosure,
<br /> including,but not limited to payments of insurance premiums and real estate taxes,shall become additional
<br /> indebtedness of the Borrower and shall continue to be the application of the Borrower until the
<br /> indebtedness is paid in full.
<br /> 21. Acceleration; Remedies.Except as provided in paragraph 17 hereof,upon Borrower's breach of any
<br /> covenant or agreement of Borrower in the Agreement or this Mortgage, including the covenants to pay
<br /> when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower
<br /> as provided in paragraph 14 hereof specifying: (1)the breach; (2)the action required to cure such breach;
<br /> (3)a date,not less than thirty(30)days from the date the notice is mailed to Borrower,by which such breach
<br /> must be cured; and (4) the failure to cure such breach on or before the date specified in the notice may
<br /> result in acceleration of the sums secured by this Mortgage and sale of the Property. If the breach is not
<br /> cured on or before the date specified in the notice, Lender at Lender's option, may declare all of the sums
<br /> secured by this Mortgage to be immediately due and payable without further demand and may foreclose
<br /> this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses
<br /> of foreclosure, including, but not limited to, costs of documentary evidence, abstracts and title reports.
<br /> 22. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this
<br /> Mortgage,Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
<br /> discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender
<br /> all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if
<br /> any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements
<br /> of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in
<br /> enforcing the covenants and agreements of Borrower contained in,this Moctgage,'and ir�eiifor�ing Lender's
<br /> remedies as provided in paragraph 21 hereof,including, but npt limitec�to,reasor�able attorney's fees;and
<br /> (d) Borrower takes such action as Lender may reasonably requit�'to assUrg that tlle lien of this Mortgage,
<br /> Lender's interest in the Property and Borrower's obligation to pay the sums secu`red by this Mortgage shall
<br /> continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations
<br /> secured hereby shall remain in full force and effect as if no acceleration had occurred.
<br /> 23. Assignment of Rents; Appointments of Receiver; Lender in Possession. As additional security
<br /> hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior
<br /> to acceleration under paragraph 21 hereof or abandonment of the Property, have the right to collect and
<br /> retain such rents as they become due and payable.
<br /> Upon acceleration under paragraph 21 hereof or abandonment of the Property, Lender, in person, by
<br /> agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage
<br /> the Property and to collect the rents of the Property including those past due.All rents collected by Lender
<br /> or the receiver shall be applied first to payment of the costs of management of the Property and collection
<br /> of rents,including,but not limited to,receiver's fees,and then to the sums secured by this Mortgage.Lender
<br /> and the receiver shall be liable to account only for those rents actually received.
<br /> 24. Release.Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage
<br /> without charge to Borrowec Borrower shall pay all costs of recordation if any.
<br /> 25. Fixture FiHng. This Mortgage constitutes both a security agreement and a financing statement filed
<br /> as a fixture filing in the Official Records of the Registrar of the Deeds of the county in which the Property
<br /> is located with respect to any and all fixtures included within the term "Property" as used in this Mortgage
<br /> and with respect to any goods or other personal property that may now or hereafter become such fixtures.
<br /> NE-LOC Mortgage-01/01/98 Page 5 of 6
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