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04-16-2004
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04-16-2004
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DRAFT <br /> 4.15.2004 <br /> • enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br /> enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to <br /> Lender subordinating the lien to this Mortgage. If Lender determines that any part of the <br /> Property is subject to a lien which may attain priority over this Mortgage, Lender may give <br /> Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the <br /> actions set forth above within 30 days of the giving of notice. Notwithstanding the foregoing, <br /> this Mortgage is subordinate to the liens, charges, or encumbrances identified in the attached <br /> Exhibit B to this Mortgage, which is incorporated by reference and included in this Mortgage as if <br /> fully set forth herein. <br /> 3. HAZARD OR PROPERTY INSURANCE. Borrower shall keep the <br /> improvements now existing or hereafter erected on the Property insured against loss by fire and <br /> any other hazards for which Lender requires insurance. This insurance shall be maintained in the <br /> amounts and for the periods that Lender reasonably requires. The insurance carrier providing the <br /> insurance shall be chosen by Borrower subject to Lender's approval, which shall not be <br /> unreasonably withheld or delayed. If Borrower fails to maintain coverage described above, <br /> Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in <br /> accordance with paragraph 5. <br /> All insurance policies and renewals shall be reasonably acceptable to Lender and shall <br /> include a standard mortgage clause. If Lender requires, Borrower shall promptly give to Lender <br /> all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give <br /> prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made <br /> promptly by Borrower. <br /> If under paragraph 15 the Property is acquired by Lender, Borrower's right to any <br /> insurance policies and proceeds resulting from damage to the Property prior to the acquisition <br /> shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to the <br /> acquisition. <br /> 4. PROTECTION OF THE PROPERTY. Borrower shall not destroy or damage the <br /> Property or commit waste on the Property. Borrower shall be in default if any forfeiture action <br /> or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could <br /> result in forfeiture of the Property or otherwise materially impair the lien created by this <br /> Mortgage or Lender's security interest. Borrower may cure such a default and reinstate, as <br /> provided in paragraph 13, by causing the action or proceeding to be dismissed with a ruling that, <br /> in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the <br /> Property or other material impairment of the lien created by this Mortgage or Lender's security <br /> interest. Borrower shall also be in default if Borrower gave materially false or inaccurate <br /> information or statements to Lender in connection with the loan evidenced by the Note. <br /> 5. PROTECTION OF LENDER'S RIGHTS IN THE PROPERTY. If Borrower fails <br /> • SJR-245249v4 <br /> MU205-29 <br /> I-2 <br />
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