After Recording Return To:___________________________(Name)___________________________ (Street or Post Office Address)___________________________(City, State and Zip Code) [Space Above This Line For Recording Data] Mortgage Words used in multiple sections of this document are defined below.DEFINITIONSA.Security Instrument means this document, which is dated ______________________
(date).B. Borrower is ___________________________ (Name of Borrower) of _____________
______________________________________________________________ (street address,
city, county, state, zip code). Borrower is the Mortgagor under this Security Instrument.C.Lender is _________________________ (Name of Lender) of ___________________
_________________________________________________________ (street address, city,
county, state, zip code). Lender is the beneficiary under this Security Instrument.D.Property means the Property that is described in Exhibit A attached hereto and made a
part hereof and located at _______________________________________________________
_____________________ (street address, city, county, state, zip code). E. Loan means the debt that Borrower owes Lender in the original principal amount of
$___________ payable in _______ (number) payments of _________ (Number) and xx/100
Dollars $______________ plus interest at the rate of _______% per annum. Borrower has
promised to pay this debt in regular monthly Periodic Payments on the first day of each month
and to pay the debt in full not later than ______________________ (date of maturity).F. Applicable Law means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non-appealable judicial opinions.G. Community Association Dues, Fees, and Assessments means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a
condominium association, homeowners association or similar organization.
H.Miscellaneous Proceeds means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.I. Periodic Payment means the regularly scheduled amount due for (i) principal and
interest under the Loan, plus (ii) any amounts under Section 3 of this Security Instrument.J.Successor in Interest of Borrower means any party that has taken title to the Property,
whether or not that party has assumed Borrower’s obligations under the Loan and/or this
Security Instrument.I. Escrow Items means those items that are described in Section 3.This Security Instrument secures to Lender: (i) the repayment of the Loan, and all
renewals, extensions and modifications of the Loan; and (ii) the performance of Borrower’s
covenants and agreements under this Security Instrument and the Loan . For this purpose,
Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the Property
described in Exhibit A attached hereto and made a part hereof located in _________________
_____________ (County and State) which currently has the address ____________________
_______________________________________________________ (street address, city,
county, state, zip code);TOGETHER WITH all the improvements now or hereafter erected on the Property, and all
easements, appurtenances, and fixtures now or hereafter a part of the Property. All
replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the Property.BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and
has the right to mortgage, grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances
of record.THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument
covering real Property.UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of and interest on, the debt evidenced by
the Loan and any prepayment charges and late charges due under the Loan. Upon receiving
written notice from Lender, Borrower shall also pay funds for Escrow Items pursuant to Section
3. Payments due under the Loan and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Loan or
this Security Instrument is returned to Lender unpaid, Lender may require that any or all
subsequent payments due under the Loan and this Security Instrument be made in one or more
of the following forms, as selected by Lender: (a) cash; (b) money order; or (c) certified check,
bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity.Payments are deemed received by Lender when received at the location designated in the Loan
or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 13. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on
unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall
either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Loan immediately prior to foreclosure.
No offset or claim which Borrower might have now or in the future against Lender shall relieve
Borrower from making payments due under the Loan and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.2.Application of Payments or Proceeds. Except as otherwise described in this Section
2, all payments accepted and applied by Lender shall be applied in the following order of
priority: (a) interest due under the Loan; (b) principal due under the Loan; (c) amounts due
under Section 3. Such payments shall be applied to each Periodic Payment in the order in
which it became due. Any remaining amounts shall be applied first to late charges, second to
any other amounts due under this Security Instrument, and then to reduce the principal balance
of the Loan. If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in full. To the extent that any
excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Loan. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Loan shall not extend or postpone the due date, or change the amount,
of the Periodic Payments. 3.Funds for Escrow Items. Upon receiving written notice from Lender, Borrower shall
pay to Lender on the day Periodic Payments are due under the Loan, until the Loan is paid in
full, a sum (the Funds) to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rents on the Property, if any; and (c)
premiums for any and all insurance required by Lender under Section 5. These items are
called Escrow Items. At origination or at any time during the term of the Loan, Lender may
require that Community Association Dues, Fees, and Assessments, if any, be escrowed by
Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall
promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the
Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the
event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for
any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower’s obligation to make such payments and to provide receipts shall
for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase covenant and agreement is used in Section 8. If Borrower is
obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 8 and pay such
amount and Borrower shall then be obligated under Section 8 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender
all Funds, and in such amounts, that are then required under this Section 3. The Funds shall be held in an institution whose deposits are insured by a federal
agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are
so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items at the appropriate time in accordance with Applicable Law. Lender shall not
charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds. If there is a shortage of Funds held in escrow, Lender shall
notify Borrower and Borrower shall pay to Lender the amount necessary to make up the
shortage. Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender. Notwithstanding the foregoing , no
payments by Borrower to Lender of Escrow Funds shall be necessary unless written notice is
give by Lender to Borrower.4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any. Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by
the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien
or take one or more of the actions set forth above in this Section 4. Lender may require
Borrower to pay a one-time charge for real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5.Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term “extended
coverage,” and any other hazards including, but not limited to, earthquakes and floods, for
which Lender requires insurance. This insurance shall be maintained in the amounts (including
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to
the preceding sentences can change during the term of the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove
Borrower’s choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time re-mappings or
similar changes occur which reasonably might affect such determination or certification.
Borrower shall also be responsible for the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender’s option and Borrower’s expense. Lender is under no obligation
to purchase any particular type or amount of coverage. Therefore, such coverage shall cover
Lender, but might or might not protect Borrower, Borrower’s equity in the Property, or the
contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance
coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt
of Borrower secured by this Security Instrument. These amounts shall bear interest at the Loan
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.All insurance policies required by Lender and renewals of such policies shall be subject
to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and
shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the
right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly
give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form
of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and
Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender’s security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,
or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and
shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible
or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 20 or otherwise, Borrower hereby assigns to
Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts
unpaid under the Loan or this Security Instrument, and (b) any other of Borrower’s rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds either to repair or restore the Property or to
pay amounts unpaid under the Loan or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower’s
principal residence within 60 days after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower’s principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower’s
control. 7.Preservation, Maintenance and Protection of the Property ; Inspections. Borrower
shall not destroy damage or impair the Property, allows the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is
not economically feasible, Borrower shall promptly repair the Property if damaged to avoid
further deterioration or damage. If insurance or condemnation proceeds are paid in connection
with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for
the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property.
If it has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause. 8.Borrower ’s Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower’s occupancy of the Property as Borrower’s principal
residence.
9.Protection of Lender’s Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s
interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate
to protect Lender’s interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender’s actions can include, but are not limited to: (i) paying any sums secured by a
lien which has priority over this Security Instrument; (ii) appearing in court; and (iii) paying
reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property
includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code violations
or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 8 , Lender does not have to do so and is not under any duty or obligation to
do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 8 . Any amounts disbursed by Lender under this Section 8 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Loan
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.10.Mortgage Insurance. No Mortgage Insurance is required.11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous
Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible and Lender’s security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
an opportunity to inspect such Property to ensure the work has been completed to Lender’s
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for
the repairs and restoration in a single disbursement or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not
economically feasible or Lender’s security would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order
provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial
taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
value of the Property immediately before the partial taking, destruction, or loss in value. Any
balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in
value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after
notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to
make an award to settle a claim for damages, Borrower fails to respond to Lender within 30
days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by
this Security Instrument, whether or not then due. Opposing Party means the third party that
owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of
action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Lender’s judgment, could result in forfeiture of the Property or other material
impairment of Lender’s interest in the Property or rights under this Security Instrument.
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 17, by causing the action or proceeding to be dismissed with a ruling that, in Lender’s
judgment, precludes forfeiture of the Property or other material impairment of Lender’s interest
in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender’s interest in the Property are hereby
assigned and shall be paid to Lender.All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2 . 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successors in Interest of Borrower . Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse
to extend time for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower . Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender’s acceptance of payments from third persons, entities or Successors
in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower’s obligations and liability shall be joint and several.
However, any Borrower who co-signs this Security Instrument but does not execute the Note (a
“co-signer”): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer’s interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-
signer’s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower’s obligations under this Security Instrument in writing, and is approved by
Lender, shall obtain all of Borrower’s rights and benefits under this Security Instrument.
Borrower shall not be released from Borrower’s obligations and liability under this Security
Instrument unless Lender agrees to such release in writing. The covenants and agreements of
this Security Instrument shall bind (except as provided in Section 20) and benefit the
successors and assigns of Lender.14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower’s default, for the purpose of protecting Lender’s interest in the Property and rights
under this Security Instrument, including, but not limited to, attorneys’ fees, and Property
inspection and valuation fees. In regard to any other fees, the absence of express authority in
this Security Instrument to charge a specific fee to Borrower shall not be construed as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by
the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from Borrower which exceeded permitted limits will be refunded to Borrower . Lender
may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower . If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower’s acceptance of any such refund made by direct
payment to Borrower will constitute a waiver of any right of action Borrower might have arising
out of such overcharge.15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower’s notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower’s change of address. If Lender specifies a procedure for reporting Borrower ’s change
of address, then Borrower shall only report a change of address through that specified
procedure. There may be only one designated notice address under this Security Instrument at
any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class
mail to Lender’s address stated herein unless Lender has designated another address by notice
to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
been given to Lender until actually received by Lender. If any notice required by this Security
Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.16.Governing Law; Severability; Rules of Construction. This Security Instrument shall
be governed by federal law and the law of the jurisdiction in which the Property is located. All
rights and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word “may” gives sole discretion
without any obligation to take any action.17. Borrower ’s Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.18.Transfer of the Property or a Beneficial Interest in Borrower . As used in this
Section 18, Interest in the Property means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract for
deed, installment sales contract or escrow agreement, the intent of which is the transfer of title
by Borrower at a future date to a purchaser.If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender ’s prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if
such exercise is prohibited by Applicable Law.If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.19.Borrower ’s Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of: (a) five days before sale of the Property
pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a
judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Security Instrument, including, but not limited to,
Reasonable Attorneys’ Fees (as defined in Section 25), Property inspection and valuation fees,
and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights
under this Security Instrument; and (d) takes such action as Lender may reasonably require to
assure that Lender ’s interest in the Property and rights under this Security Instrument, and
Borrower’s obligation to pay the sums secured by this Security Instrument, shall continue
unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer’s check or cashier’s check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower , this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under
Section 18.20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
Loan Servicer) that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will
be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party’s actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to take corrective action. If Applicable Law provides a time period
which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.21.Hazardous Substances. As used in this Section 21: (a) Hazardous Substances are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) Environmental Law means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) Environmental Cleanup includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an Environmental Condition
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the
Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a)
that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or
(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition
that adversely affects the value of the Property. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).Borrower shall promptly give Lender written notice of (a) any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance or Environmental Law of which Borrower
has actual knowledge, (b) any Environmental Condition, including but not limited to, any
spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c)
any condition caused by the presence, use or release of a Hazardous Substance which
adversely affects the value of the Property. If Borrower learns, or is notified by any
governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law. Nothing herein shall
create any obligation on Lender for an Environmental Cleanup.22.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower’s breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice
shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property . The
notice shall further inform Borrower of the right to reinstate after acceleration and the right to
bring a court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may invoke the power of sale and any other remedies
permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this Section 22, including, but not limited to, Reasonable
Attorneys’ Fees (as defined in Section 25) and costs of title evidence.If Lender invokes the power of sale, Lender shall give notice of sale in the manner
prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable
Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner
prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale.
The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale,
including, but not limited to, Reasonable Attorneys’ Fees (as defined in Section 25); (b) to all
sums secured by this Security Instrument; and (c) any excess to the clerk of the circuit court of
the county in which the sale is held.23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for
services rendered and the charging of the fee is permitted under Applicable Law.24.Accelerated Redemption Periods. If the Property is a one- to four-family residence that
is owner-occupied at the commencement of a foreclosure, a farm, a church or owned by a tax
exempt charitable organization, Borrower agrees to the provisions of Section 846.101 of the
Wisconsin Statutes, and as the same may be amended or renumbered from time to time,
permitting Lender , upon waiving the right to judgment for deficiency, to hold the foreclosure sale
of real estate of 20 acres or less six months after a foreclosure judgment is entered. If the
Property is other than a one- to four-family residence that is owner-occupied at the
commencement of a foreclosure, a farm, a church, or a tax-exempt charitable organization,
Borrower agrees to the provisions of Section 846.103 of the Wisconsin Statutes, and as the
same may be amended or renumbered from time to time, permitting Lender, upon waiving the
right to judgment for deficiency, to hold the foreclosure sale of real estate three months after a
foreclosure judgment is entered.25. Attorneys’ Fees. If this Security Instrument is subject to Chapter 428 of the
Wisconsin Statutes, Reasonable Attorneys’ Fees shall mean only those attorneys’ fees
allowed by that Chapter.BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument and in any Rider executed by Borrower and recorded with
it.Witnesses:____________________________________ ______________________________ (Seal)Borrower____________________________________ ______________________________ (Seal) Borrower____________________[Space Below This Line For Acknowledgment]________________STATE OF WISCONSINCOUNTY OF _________________ The foregoing instrument was acknowledged before me on ____________________
(date) by ________________________________ (Name of Borrower) . ______________________________Notary Public (Seal, if any) Printed Name: _______________________ My Commission Expires: _____________________STATE OF WISCONSINCOUNTY OF _________________ The foregoing instrument was acknowledged before me on ______________________
(date) by ______________________________ (Name of Borrower) .
______________________________Notary Public (Seal, if any) Printed Name: _______________________ My Commission Expires: _____________________