78008466 - Laserfiche WebLink

Browse

C`r' not extend oa- lrostpone the due date of the ^lonihlt iusrtlhnents n+fcrrett to in paragraphs 1 and ?hereof or change the amount. of such insta}lmenks. 10. Borrower Not Released. Extension of the i inlc i'or pat sent or modification of amortization of the sums secured by t}lis 3lortgage granted by Lender to any : uccessor in interest of Borrawer shall not operate to release, in any rnauner, She liability of the original Borrower and Borrower's successors Sn interest. bender shah not be required #o commence proceedings againsk suele successor ol• refuse. to extend time far payment ar otherwise modify arunltizativn of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. ??: forbearance b~* Lender Nat a vdasver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of ar prec}ude the exeroise of any right ~ or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender ~~ shall not to a waiver of Lender's right to acce}orate the rnaiurity of the indebtedness secured by this liortgage. ?2. Remedies Cumulative. All remedies provided in iltis \iortgage arc distinct and cumulative fA any other right or remedy under this 3Iortgsge or afforded by law or enaity, and may be exercised concurrently, independ- entry_ or suecessive}v. 13. Successors and Assigns Botmd: Joint and Several Liability, Captions. The covenants and agreements herein contained shall bind, and the rights hereunder steal{ inure to, the respective successors and assigns of Lender ~ and Borrawer, subject to the prov}lions vi paragraph 1; hereof. All envenaltts grid agreements of $orrower shall h be joint and several. The captions and heading, of the. paragrap}ts of this llartgage are far convenience only and are not to be used to interpret or define the provisions }recent. 14. Notice, Any notice rn Borrower provided for in this \iortgage shall he git-en try mailing such notice by reriified mail addressed to Borrower at the Property Adch•ess stated bcloa, except for ant notice required under paragraph 18 }tereof to he given to Borrower in the Manner prescribed by applicable tan•. Any notice provided for in this 3lortgagc shall be deemed to have been given to Bon•a:cr :v}:en given in the manner designated herein. 15. 1Tniform Mortgage; Governing Law; Sevezability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with !imitect variations by jurisdiction to constitute a uniform s~cu- rity instrdlnent covering real property. This Mortgage sha}; ire governed by the }an of the jurisdiction in which the Property is located. In the event that any provision or clause of this \iortgage or the Note eonf}1Cts with applicable }au•, such conflict shall not affect oi};er provisions of this Mortgage or the hTete whictr can be given effect without the conflicting provision, and to ibis end the provisions of the Mortgage and the Note are declared to be severable. 1S. Borrower's Copy. Borro:ver shall he i'urnisheri :1 conformed copy of this :Mortgage at the time of execu- tion or after recordation hereof. 17. Transfer of the Property; Assumption. If all or env part of the Property ar an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding (a) the creation of a lien yr encum- brance subordinate to this 1-Iortgage, (b) the creation of a purchase money security interest for household appli- ances, le) a transfer by devise. decent or by operation of Jan- upon the death of a joint tenant or (d) the-grant of any }easehoid interest of three tears or less not containing an option io purchase, Lender may. st Lender's option, declare a}1 t}te sums secured by this ~Sortgage to be iminedlatel}- dui and payable. }.ender steal} have waived ..._• option to accelerate if, ~e•S.^r #o Lire sale or transfer, Lender andtltc person to :whom the Property is to be sold or trv__r..fgreeri repel! agreemen i. in tyllt.lIlg that the CrPdlt of such llergan Is sat,sfart nrl' in L ende-r and tltaf Ihn lntelwct payable vn the sums secured by this Mortgage shall be at sucl; rate as Lender shall request, If Lender i?as waived the option to accelerate provided in this paragraph : i and if Borrower's sur, essor in interest. has executed a writ- ten sssu^nptivn agreement accepted ih writing by Lender, Lender sha}} release Borrawer fmrn a!t obligations under this RSortgaee and the Note. If Lender exercises such option to accelerate, Lender shalt aloft Borrower notice of acceleration ir. accordance ,vet}: paragraph 14 Il=_reof. 8uc}: notice shall provide a }serivd of not toss Ulan 30 ;lays from fife date rile notice is mailed wit}tin ::•hic11 Borrower may pay the stuns declared due. I? Berroacer fails t-0 pay such sums prior fo the expiration of such period, Lender rnay, without further notice or r(emanc} on Borrower, invoke anc remed-see per- mitted by paragraph 18 hereof. NoN-L?"i€oaat CovauaxTa. I3vt•t•ower and Lender :urtilel• ooeenant and agTCC a. faliutivs: 18. Acceleration; Remedies. Except us provided in paragra}rte li hereof, upon Borrower's breach of any covenant ar agreement of Borrawer in this \iat•ig:rge, including the. covenants to pay when due any sums secured by this 9ortgage, Lender prior to acceleration shall r.;aii notice to Borrawer as laro~:ded in paragraph 14 hereof spec,i#ying: (Il the breach; i2i the action rertuned to cure surf; breach; t3} a deer, not Ices than thirty da}•s from the date the notice is mailed to Ban-owrr. !;c n I;ic•it surii hrearlt utust be cured; anti i91 that failure to cure such irreaeh on or before the date specified in iht• notice uruy result in acceleration of the sums secured by this ~iartgage and sale of the Property. If the breach is not cured an or before the date specified in the notice, Lender at. bender's option may declare a}I o€ the suns =ecw•ed by this Mortgage fo be iuvnediately tine and payallle without further demand and rna}• farelase t}iis \iortgage by judicial lrtroceeding. Lender shat} Ire entitled to collect in such proceeding a}I expenses . ; fot•cclosutr. including, teat not limited to, costs of dacunlent.3ry evidence, abstracts and title reports. 14, Borrower's Right to Reinstate. \oi:viUt,tanrling I.ender•s acceleration of the sums secured by this Mortgage, Borrower shat! have the right to have any proceedings Ixgun by Lender to enfomc the, \iortgage dis- continued at. any time prior to entry of s judgment enforcing this Sortgage ii: tar Bvrroe•er pays Lender all sums which would be then due under this 1ortgage, the ~:ote and Hates securing Futuna Advances, if any, had no aoeeieration occurred; (b} Borrower cures all broaches oC any other covenants or agreements of Borrower con- taiasd in this Mortgage; (c) Borrower pays all tzasanahie exlxilses incurred by I:ender in enforcing the covenants a:sd agr~ments of I3vrmwer container} in this 3lartgsge and in enforcing Lcnder't remedies as pravir}ed in para- graph 18liereo#, including, belt not limited-to. reasonable <+.tttrrney'= fees: an<} td} Borrower takes such action as Lentisr may reasonably rt'gttire to assure that the-lieu of f}tis .Mortgage. Lender"s ilrterest in the Property anti $orrower's obligation to pay.-the sum, secured by this Mortgage sha}} continue unimpaired. Upon such payment atl~ carp by BorTMtwer, this :~4ortgagc and the vlligatlons eeured hereby s1;.-1}1 relnai:r in full fvrco and effect as if rid acceleration had occurred. 20. Aaradglameatt of Tints:. Rppointrttent of Receiver: Lender in Possession. As additional security here under, Borrower hereby assigi:s:to Leilcler the rents of the Proper: y, provided that Borrower steal 1, prior to seceier- -anon undo: paragraph 18 hereof or alsandonxnene of-tile Property, hai>e the riglei io collect and retain such rnnts as.tll+ay became-due-and payable-. Upon aiitaierrtion ilnuer paragraph I$'llereot or aliandvnment of the Prep€rty; Lender, in person, bt agent ar by judicially appoirsted I•eeeiver-shall be entitled to s>nter u;tun. take posse;:s}on of anti manage the Property and to collect the rents of the Property, inrPuclin~-those past-.due. All rents coUecteri by Lender or the receiver shall be applied filet to payment of the costs of management of the Property anft collect}on of rents, including, teat not limited ta, receiver's fees, premiums an receiver`s bonds anti reasonab}e attorney's feee. and then to the stuns secured by this Rtartgage. Lenderand the receiver shall be lea}ltr is account only for those runt.- actually receircd.