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04-27-1994 - Henn. Co. rehab. loan agreement
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04-27-1994 - Henn. Co. rehab. loan agreement
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8/22/2023 3:23:44 PM
Creation date
3/2/2020 12:04:32 PM
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x Address Old
House Number
1335
Street Name
Arbor
Street Type
Street
Address
1335 Arbor Street
Document Type
Misc
PIN
1011723310051
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4. Promptly after the date of any sale, transfer or other conveyance of <br /> the above-described real estate within ten (10) years of the date of <br /> the Loan as set forth above, or promptly after the date upon which <br /> said real estate ceases to be the Borrower's principal place of resi- <br /> dence within said ten (10) year period, Borrower or his/her heirs, <br /> executors, or representatives, shall give Lender notice thereof. , <br /> 5. In the event Borrower or his/her heirs, executors, or representatives <br /> shall fail or refuse to make a required payment within said limited <br /> time period, or otherwise in any way be in default under the terms <br /> and conditions of this Agreement, the Borrower confers upon the <br /> Lender the option of declaring all sums then owing by Borrower <br /> immediately due and payable without notice and confesses judgment in <br /> said amount, and hereby authorizes the Lender to enter said judgment, <br /> foreclose this Lien by judicial proceedings or sell the liened <br /> premises at public auction and convey the same to the purchasers in <br /> fee simple in accordance with the statute, and out of the monies <br /> arising from such sale to retain all sums secured hereby, with <br /> interest and all legal costs and charges of such foreclosure andl the <br /> maximum attorney's fees permitted by law, which costs, charges and <br /> fees the Borrower herein agrees to pay. <br /> The Borrower and Lender further covenant and agree as follows: <br /> a. Borrower shall be furnished a conformed copy of this Agreement at <br /> the time of execution or after recordation. <br /> b. Upon default of any covenant or agreement by Borrower under ;the <br /> terms of this Agreement, Lender prior to foreclosure shall mail <br /> notice to Borrower as provided herein specifying (i) the nature <br /> of the default by the Borrower, (ii) the action required to cure <br /> such default, (iii) a date, if such default is capable of being <br /> cured by Borrower, not less than thirty (30) days from the date <br /> the notice is mailed by Borrower by which such default, if <br /> capable of being cured, must be cured; and (iv) that failure to <br /> cure such default on or before the date specified in the notice <br /> may result in acceleration of the sum secured by this Lien and <br /> sale of the liened premises. The notice shall further inform <br /> Borrower of the right, if any, to reinstate after acceleration <br /> and the right to bring a court action to assert the nonexistence <br /> of a default or any other defense of the Borrower to acceleration <br /> and sale. <br /> c. In addition to any notice required under applicable law to be <br /> given in another manner, (i) any notice of the Borrower provided <br /> .for in this Agreement shall be given by mailing such noticelby <br /> certified mail addressed to the Borrower at the address of the <br /> liened premises, or at such other address as the Borrower may <br /> designate by notice in writing to the Lender as provided herein, <br /> and (ii) any notice to the Lender shall be given by certified <br /> mail, return receipt requested, to Lender at the address of, the <br /> City on page 1 of this Agreement, or to such other address 'as <br /> Lender may designate by notice in writing to the Borrower as' <br /> provided herein. Any notice provided for in this Agreement shall <br /> be deemed to have been given to Borrower or Lender when given in <br /> the manner designated herein. <br />
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