Laserfiche WebLink
<br /> <br /> <br /> <br /> j <br /> I <br /> <br /> <br /> i I <br /> <br /> <br /> <br /> I <br /> I <br /> <br /> <br /> <br /> <br /> <br /> .200909687 <br /> <br /> <br /> .PROVISIONS SECTION (PLEASE RECORD) (continued) <br /> 9. In the event Mortgagor fails to pay any of said notes or monies due hereunder promptly at maturity or any <br /> interest thereon, or fails to pay any of the taxes due on said property before the same becomes delinquent, or <br /> fails to keep the Property fully insured for the benefit of Mortgagee, or destroys, damages or impairs the <br /> Property, or allows the Property to deteriorate or decrease in value due to Its condition, or fails to pay any other <br /> lawful charges against said property, then the entire debt secured by this deed shall become due and payable <br /> at once, at the option of the holder, time being of the essence, and without further demand may invoke the power <br /> of sale granted by Mortgagor and any other remedies permitted by applicable law. Mortgagor appoints <br /> Mortgagee the agent and attomey-in-fact for Mortgagor to exercise the power of sale. If Mortgagee invokes the <br /> power of sale, Mortgagee shall give a copy of a notice of sale by public advertisement for the time and in the <br /> manner prescribed by applicable law. Mortgagee, without further demand on Mortgagor, shall sell the Property <br /> at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br /> in one or more parcels and in any order Mortgagee determines. Mortgagee or its designee may purchase the <br /> Property at any sale. Mortgagee shall convey to the purchaser indefeasible title to the Property, and Mortgagor <br /> hereby appoints Mortgagee Mortgagor's agent and attorney-in-face to make such conveyance. The recitals in <br /> the Mortgagee's deed shall be prima facie evidence of the truth of the statements made therein. Mortgagor <br /> covenants and agrees that Mortgagee shall apply the proceeds of the sale in the following order: (a) to all <br /> expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this <br /> " Security Instrument; and (c) any excess to the person or persons legally entitled to it. The power and agency <br /> granted are coupled with an interest, are irrevocable by death or otherwise and are cumulative to the remedies <br /> for collection of debt as provided by applicable law. If the Property is sold hereunder, Mortgagor, or any person <br /> holding possession of the Property through Mortgagor, shall immediately surrender possession of the Property <br /> to the purchaser at the sale. If possession is not surrendered, Mortgagor or such person shall be a tenant <br /> holding over and may be dispossessed in accordance with applicable law. <br /> 10. Except as may be otherwise provided herein, Mortgagor agrees to pay to Mortgagees the costs and expenses, <br /> including a reasonable attorney's fee, incurred by either of them in instituting, prosecuting or defending any <br /> Court action in which Mortgagor does not prevail, If such action involves the interpretation hereof by a party <br /> hereto, including but not limited to an action to obtain possession of the above described property after <br /> exercise of the power of sale granted hereunder. <br /> 11. This Mortgage shall apply to, inure to the benefit of and bind all parties hereto, their heirs, legatees, devisee, <br /> administrator, executors, successors and assignees. All obligations of Mortgagor hereunder are joint and <br /> several. In this Mortgage, whenever the context so requires, the masculine gender includes the feminine and/or <br /> neuter, and the singular number includes the plural. <br /> 12. The terms and conditions of the Administrative Immigration Bond, Promissory Note and Bond Agreement are <br /> incorporated herein as if fully set forth in this document. Any one Mortgagee alone may release this Mortgage <br /> Deed. <br /> 13. If any payments provided for in the Agreements or this mortgage are not promptly paid by the Mortgagor, if <br /> the buildings are not kept insured as provided, or if the Mortgagor defaults in any of the other covenants, <br /> stipulations or agreements, the Mortgage, without waiving or affecting the option to foreclose, may pay any and <br /> all such payments or obligations, may insure the buildings, or may otherwise perform any of the covenants or <br /> agreements on behalf of the Mortgagor, and any and all such sums or expenses paid or incurred, with interest <br /> thereon from the date of payment at the rate of twelve percent (12%) per annum, shall also be secured by this <br /> mortgage. <br /> 14. Without affecting the liability of any person for the repayment of the debt secured hereby, or the lien of this <br /> Mortgage, the Mortgagee may from time to time and without notice (a) release any person liable for payment <br /> of any of the debt; (b) extend the time or otherwise alter the terms of payment of any of the debt, (c) alter, <br /> substitute or release any property securing the debt; and (d) reconvey; without warranty, all or any part of the <br /> property. <br /> Form No. 1 Mortgage-General (7-1-05) page 4 of 4 pages <br />