Laserfiche WebLink
. _ _ _ : r- _ � <br /> �--.., ,...� <br /> i' • ' ' . <br /> ' not e�ttend or postpone the due date of tLc monthiy installments referred to in parngraphs 1 and 2 hereof ar <br /> ' change the amount of auch installments. <br /> � 10. Borrower Not Released. Extension of tl�e time for pa,yment or inodification ot ainortization of the eums <br /> secured by this VIortgage granted by I.ender to any �uccessor in interest of Borrower shall not .operate to releaee, <br /> ; � in nny mnnner, the liability of the original Borrotver nnd Borro�eer's successors in interest. Lender shall not be <br /> � � required to commence i�roceedings against sucli succe�sor or refuse to extend time for payment or otherwise modify <br /> � (� amortization of the sums secured by tliis \tortgage by rettsou of any demand made by the original Borrower and ° _ <br /> � Borrower's auccessors in interest. ' <br /> ;� � 11. Forbecr�ace by Lender Not a Waiver. Any forbearancc Uy Lender in exercising any right or remedy ; <br /> � Q hereunder, or othenvise afforded by npplicuble ]a�r•, sl�all not be n wai-rer of or preclude the exercise of any right t", <br /> � or reraedy hereunder. The procurement of insurance or the payment of tares or other liens or eharges by Lender � <br /> j � ahall not be a waiver of Lender's right to uccelerate tlie maturity of the i�idebtedness secured by this Mortgage. ` <br /> • j p� 12. Remedies Cumulative. .11( remedies provided in t-his \Lortgage are distinet and cumutative to ssny other i. <br /> � right or remedy under this lIortgage m• afforded hy la��� or equiTy, and may be exercised concurrently, independ- ; <br /> # ently or successively, ` � <br /> i 13. Successors mid Assigas Bound; loint �d Several Liability; Captions. The covennnts and agreements F . '� <br /> �� herein contained shall bind , and the rights hereunder shall inure to, tlic respectivc successors and asaigns of I,ender <br /> and Borrower, subject to the provisions of paragruph 1 i hcreof. All covensnts und :��reements aC Borrower ahall ' <br /> be joint and several. The captions �nd hesdings of the paragra��he of this \ Iortgn�e are tor convenience only and ` <br /> are not to be vsed to interpret or define the provisiona h�reot <br /> , 7 14. NoGee. any notice to Borro«•er pro�•ided fo� m tlu.� \ lortga�c .�hal ! he gi��en by m�iling such notice by <br /> � certified mail addressed to Borro���er at thc Yroperty .lddree: �t:ited bclon•, cxcept ior uny noEice required under <br /> + parngraph l8 hereof to be given to Borro�cer in the u�unner � irescribcd b�• applicable luw. .1n�• notice ��rovided �' <br /> i for in this �Iort a e shall be deemed to l�a�•c becn •�ven to Borro�ser ��•hen g a` <br /> i g g b git'en in tl �e rounner desi nuted herein. <br /> � 15. Uaiform Mortgage; Goveming Law; Severability. Thic fonii of moMgage combines uniform covennnts <br /> � for national use and non-uniform covenants witL limited �•ariations b�• jurisdiction to constitute a uniform secu- <br /> � rity instrument covering real property. This �tortgage shaU bc governed by the ls�v of the jurisdiction in which <br /> j the Property is locsted. In the event that any provisiai or clAusc of this \Iort�age or the Note conRicts with <br /> : � upplicable ]aw, such canftict shall not uffert. other provisions oi this Jlortgage or the Note which can be given i <br /> � effect without the conflicting provision, and to this end the provisions of the �iortgage and the Note are declared C <br /> � to be severable. ; , <br /> 16. Bocrower's Copy. Borrawer shall bc furnished :t conformed copy of this \Iortgage at the time of execu- ` <br /> tion or after recordation hereof. r . <br /> � 17. Tr�sfer oE the Propezty; Assumption. If all or any ��art of the Property or an interest therein is eold f ,� <br /> � or transferred by Borrower �vithout Lender� prior written consent , excluding ( u) the creation of a lien or encum- �„ <br /> � brance subordinate to this Mortgage, I b) the creation of a purchuse tnoney security interest for l�ousehold $ppli- � � <br /> 1 ances, (c) a transfer by devise, descent or by operation of la��� upon the death of a joint tenant or (d) the. grant of �, <br /> J any leaseho]d interest of three years or less not containing an optiou io purchase, Lender may, at Lender's option, ?. ; <br /> � declare all the sums secured by this Mortgage to bc immediatel�� due and paysble. I,ender shAll hnve waived such � , .: <br /> ? option to accelerate if, prior to tl�e sxle or trunsfer, Lender :i�id the person to whom the Property is to be sold or ; <br /> ; transfened reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest - ` <br /> � `� payable on the sums secured by this �iortgagc shall be at such ratc us I,ender shssll request. If Lender has waived <br /> - � the opt4on to accelerate provided in this paragrapL 17 and if Borro�eer's �uccessoc in interest has executed a writ- j � <br /> ten assumption agreement accepted in a•riting by I.ender, Lender shall release Borrower trom all obligations under <br /> : . � this Mortgage and tl�e Note. � <br /> ! If Lender exercises such option to accelernte, Lender shnll :nnil Borrower notice oi ucceleration in accordance � <br /> . . � �vith parsgraph 14 hereof. Sucli notice shssll proaide a period of not less tl�an 30 duys from the date the notice is " <br /> ' � mailed within which Borrower may pny tl�c sum, declxred duc. Ii Borro«•er fai15 to pay such sums prior to the <br /> ; expiration ot such period, Lender may. «•ithout further notice or de�uancl on I3'orrower, invoke uny remedies per- <br /> � mitted by paragraph 18 hereof. <br /> ��� F <br /> � NON-ITN7FORM �iOVENAITS. BOI'I'O\V@P A77(I LC'[1C�C1' t�Ul't�1C1' COVC113I1t and agree ns followsc i <br /> z <br /> � 18. Aeceleration; Remedies. ExceJ�t u� pi•ocirted in � riragr:i�ili l7 hereof, upon I3orro�ver's breach of any <br /> ' � covenant oragreement of Borro�a•cr in tl�is \Iort�agc. incliiding tlie covcnants to pa,y «•hen due any sums secured <br /> � by this Jiortgage, Lender ��rior to necelerution aliall niail nuticc to I3orro��-cr us pro�•ided i�i �ixrsgraph 14 hereof <br /> .3 specifying: ( 1 ) the breach : (2 ) the action requimd to cure such breach ; 13) .i dute, not Icss thun thirty dnys <br /> � from the date the notiee is �usiled to 13orro�cer, b}• ���hich �uch hreach must be cumd ; and ( 4 ) th:at failurc to cure <br /> �` such bresch on or betore Lhe date specified in thc noticc muy result in accelcr;ition of the suuis secured by this <br /> 1�Iortgnse and sale oi the Property. If tlie breach is not cured on or before the date specified in tlie notice, Lender <br /> r ? ' at Lender's option may declarc nll of the eums secured by this \Iortgagc to be irnmediately due and payable j <br /> ; without further demand and may foreclosc this �Iortgage by judicial proceeding. Lender shall be entitled to collect i <br /> � in such proceeding all expenses of foreclosurc, inclwling, but uot limitcd to, costs of documentary evidence, <br /> abstraets and title reports. <br /> : � 19. Borrower's Riql�t to Reinstate. 1\'otn•ithstanding I,ender'. uceelerution of the �um� secured Uy this <br /> : i VIortgage, Borrower shall have the right to have any proceedinK: i�egun by i.endcr to enforce this �fortgage dis- <br /> � continued at any time prior to entry of a judgment enfdFcing this �Iortgage if : ( ss ) Borro�ver pays Lender all <br /> i sums which would be then due under this �Iort�agc, the i�'ote :md notes securing Future Ad�•ance�, if any, had no - <br /> � acceleration occurred ; (b) Borrower cures all breaches of ane other co��enants or u�rrements of Borrower con- <br /> � teined in t6is Mortgage ; (c) Sorrower pays nll reu=onablc ea�ience� incurred h}• Lender in unforcing the covenants <br /> � and agreements of Borrower contsined in this �3ortgnge .ind in enforcin� I.endcr; ren�edies us provided in paru- - <br /> ^ � graph 18 hereof; including, but not limited to, reasonable attorne}•'� tee� : nnd � dl Borrower takes such action as <br /> Lender may ressonsbly require to assure that the ]ien of thiF \lort�age. Lender'. interest in the Propertv and <br /> �� ' Borrower's obligation Eo pay the sums secured by thi� �fortgnqe �hnll continuc unimpaired . Upon yuch payment <br /> `;.� and cttre by Borrower, this Mortgage and the obli�ations aecured hereby shall re�nain in full force and effect as if -* c�`� `� <br /> �;� no acceleration had occurred. c <br /> , ' 20. 14eaignmea! of ,Asats; Aprwintment ot Receiver, I.ender ia Possession. As additional security here- � > r7 � <br /> '�. under, Borrower hereby sssigns to Lender the rents of the Propertti. pro�•ided that Borron�er shsll , prior to acceler- �,�' ' <br /> �- ation under paragi�sph l8 hereof or sbandonment of Lhe Property, have thc right to collect and retain sueh rents ' <br /> r aB they become due and payable. � � ^} <br /> ,; Upon' scceleration under paragrap4 18 ' horeo€ or abandonment of the Yropertv, Lender, in per,on, by agent ,rr �` , <br /> ar -by judicially appointed receiver ahall be entitled to enter u on, take ' g p <br /> p posse�s�on of and mana e thc Pro erty ` ,�.�` *;� <br /> " '# und to coUeet the rents of, the Property, including tl�ose pasL due. A11 r�nts collecteci by Lender or the receiver <br /> `� ahall be spplied'firat to payment of the costs of management of tl�e Property and collection of rents, including, but <br /> , � not limited to, receiver's fees, premiuma on rqceiver's bond� and reasonahle a�ttorney's fee�, and then to the �inns <br /> ,,, secured by this Mort.igage. Lender and the receiver �hall hc linble to e�oount only for thoQ� mnta nctu�lh• recei��ed . <br /> ; . . . . . . . . . � . <br />