Laserfiche WebLink
<br />not extend or postpone the due date ai' the nlo!dhly in>tallumnts referred to in paragraphs 1 atld 2 hereof or <br />change the amount at sucl: installment:. <br />30. Borrower Not Released. Extension of the rinse far payment ar utodification of amortization of the sums <br />secured by t}1IS :~IOrtgagC grantCd by L211der to ally ~tirfi+ssal' )71 interest of BOrC0~4't'r rllall riot OpCratB t0 CCICa&e. <br />in any manner, the liability of the original Borrower and Bon•aiver'~ successors in interest. Lender shall not be <br />rc-Guired to cemmenee proceedings against such successor nr refusL to extend time for paymeut or athernise modify <br />amortization of the sinus secured by this \Iartgage !,~' reasau of an}- demand made by the original Borrower and <br />BbFFawer'S SIICCe5sar5 m Iritere5t. <br />1Z. F'orktes><rtaIICe by Lender Not a Waiver. any forbearance by Lender in eXCCet9ing any right 6Y remedy <br />hereunder, or aiherivise afforded by applicable lain, shall net be :1 wai;•er of or preclude the exercise of any right <br />~° or remedy hereunder. The procurement of insurance er the llsymeni. ai taxes or other liens or charges by Lender <br />:` shall net be a ivais•er of Lender's right to accelerate the anaturity of the indebtedness secured by this Mortgage. <br />t-':: I2. Remednes Cumulative. :~li remedies provided in fiefs i:ongage are distinct and cumulative to any other <br />G'` right or remedy under this Mortgage or afforded by lap- or equity, and mac be exercised concurrently, independ- <br />`" entry or successively. <br />;;, y13. Successors r,;nd Assigns Bound: Joint and Several Liability: Captiaas. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall {nur^ to, the respective successors and assigns of Lender <br />~ and Borrower, scbject to the provisions of paragraph 17 hereof. ail covenants. and agreements of Borrower shall <br />~, be joint and severs!. The captions and headings of the i,aragraphs of thi:. _lfiortgage arc for convenience only and <br />h are not to be used to interpret or define the provisions hereof. <br />14. Hotice^ any notice to Horrower provided for in this Mortgage shall be gii-er, by mailing such nonce by <br />eertitied mail addressed to Borrower at the Propert}• :§ddres:> stated below, except for any notice required under <br />paragraph IS hereof to be given to Borroiver in the moaner prescribed h}= applicable law. Any natiee provided <br />for in this JlonFage shall hc• deemeri to have been given to Borrower ii•hen given in the manner designated herein. <br />IS. Uniform Mortgage: Governing Law; Severability. "Chia form of mangage combines uniform covenants <br />far national use and non-uniform covenants with limited variations by jurisdiction. to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall i,c governed by the Isis of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of ibis Zortgage or the Note conflicts with <br />applicable law, such conflict shall not. affect other l)roi•isioas of this Mortgage or the Note which can be given <br />effect without the canP,icting provision, and to this end the proiisions of the Mortgage and the Note are declared <br />tEl be severable. <br />i6. Borrower's Copy. Borroiver shall be furnished a eoriormed copy of ±his :Mortgage at the time of execu- <br />tion ar after recordation. hereof. <br />17. Transfer of the Property; Assumptiaa If all or any part of the Property or an interest therein is sold <br />ar transferred by Harrower without Lender's prior written consent. excluding (s t the creation of a lien or encum- <br />brance subordinate to this Mortgage. (b) the creation of a purchase money security interest. for household appli- <br />ances, (c) a transfer by devise, descent ar t;y operation of lsn• upall fhe death of a joint t-anent or (d) the grant of <br />nay leasehold interest of three years ar less not coritainil.g ar. option to purchase, Lender may. at Leader's option, <br />declare all the sums secured by this Mortgage to be ivunediately due and }rayabie. Lender shall have waived such <br />option to accelerate if, prier to fhe sale or transfer, Lender and the person to whom the Property is to be sold ar <br />transferred reach agreementIn writing that the ereciif of suci~ 1>ersan is satisfactol'~• to Lender and *'oat the inte-^••' <br />payable on the cams sec•'re:i ny 'this iiangage shah ue at such rate as Lender shah request. if Lender has waived <br />the optiot_ to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed s writ- <br />ten assumption agreement accepted in writing by Lender. Lender shall releasz Banower from all obligations under <br />this Mortgage and the Noie. <br />If Lender exercises such option to accelerate, Leader shall mail Harrower native of acceleration in accordance <br />with paragraph 14 hereof. Such notice shall provide a period of not Ices than 30 days from the date the notice is <br />mailed within which Borrower may pee the scans declared due. If Borroiver fail= to pay such sums prior to the <br />expiration of such period, Lender play. without further notice or demand on Borrpiver, invoke any remedies per- <br />mitted by paragraph 18Ilereof. <br />=~0\-l~.ti lF'riR~I t.'Oi'~.VA:i TS. Pi01'1'a\i'e 1' ailEl Lendel' tUl'tllel' C04•CIIUIli. and a,A-'1'eE? as- tollaw5: <br />18. Acceleration: Remedies. Excelrt as proi•idecl ;n paragraph 17 hereof, upon Borrower's hreaell of any <br />covenant or agreement at Barrawer in this _llaicgrizc. including the covenants to Iiay when due any sums secured <br />by this Mortgage, Lender prior to aeeelelstioll shall mail native to Borroiver as provided in paragraph 14 hereof <br />specifying: f.ll the breach: i21 the action require±l to cure such breach; i31 a date, not less that! shiny days <br />from the date the notice ic. mailed io Borrower. by i~~hieh such hrcleh must he cured: an_rl t4i that failulc to cure <br />such breach an or before the date specified to the notice nlav result in acceleration of the sums secured by this <br />Mortgage and sale of the Property. If the breach is pat cured oil or befmr the date specified in the notice, Lender <br />at Lender`s option play declare ail of the sums secured by tiiia .iortgage to be unlllediately due and payable <br />withoot further demand anti may foreclose this \lartg<ile by judicial Ilreeeeding. Lender shalt he entitled to collect <br />ir. such proceeding ail expenses of foreclosure. including, hilt net liulited to. costs of dacumentar}• evidence, <br />abstracts and title reports. <br />l9. Borrower's Right to Reinstate. tiatw•ithstanding Lender', acE•eleratian of the sums secured by thie <br />ld£altgage, Batrawer shall have the right to have any peocecctin;;s llegun by I.e•nder to enforce ttsiliortgage dis- <br />ennLinued at any time prior to entry of a judgment ento#•citl; tills Mortgage if: tai Borroiver hays Lender all <br />sums which wautd be then due under this ~Iangsgc. the \ate and Hates securing Future advances, if any, had no <br />aoeeleratian occurred; (b) Harrower ~u,=e~ ail hreachcs of .,ny other c•occnants or agrtements of Borrower can- <br />tained in this'.biortgage; {c) Borrower pays all reasanahie expenses incurred by Lender in enforcing th-e covenants <br />and agreements of ;3orrawer eantaiaed in this ylanga~- ar,d ill ,^ilfareing Lender's remedies as provided ir. para- <br />graph 18 hereof, including, b++±t not Limited to. reasonable sttorne}•' fee; :and td) Harrower fakes such action as <br />bender may reasonably require to assort.; that the Lien of this 3ortgage, Lender's interest in the Froperty and <br />Barrawer'a obligation to pay the sums secured by this Mortgage shall continue unimpaired. Iipon such payment <br />and cure by Bart'aa=er, this Mortgage and the obligations secured hereby shall. remain in-full t"ol•s;e ahd effect as if <br />na acaeleratilin had accursed... <br />20. A,asrigratpenf of Rents: Appointment of Receiver, Lender in Fossessiaa as additional security heFe- <br />under, Horroates fiemby assigns to L+:nder tale mats of the Property, provided that ~orrairer shall, giior to acceler- <br />~atian under paragraph 28 hereof or xbandonmeat of the Property, have the right to calleet and retain such. rents <br />as they beeanle due and playable. <br />Lrpon aceeleratitin under paragraph 1>!3 hereof ar abandamncnt of the Property. Lender, in person, by agent <br />ar 6y judicially appointed receiver shall he entitled to canter. upon, take possession of and manage the Property <br />and to collect the rents of the Property; ineludint; thane past due. alE rents collected lay Lender or the receiver <br />shalt be applied first to paymeut of the casts of managemcni of the Property and ragecfian of rents, including, but <br />pat limited to, receiver's fees, premiums an receiver's bonds and reasonable attorney's fees. and then fo the smn <br />secured by this ~'Eongsge.-Lender and the receiver shall he liable fo account only for those rents actually received. <br />