79001164 - Laserfiche WebLink

Browse

r- not, soloed or jiastjiane the due Hate of thu mmztiily insia'tin:e+,(r referreu to in paragraphs 1 and 2 hereof ar change t-he amount of such instaltmeuts. ill. Borrower Nat Releas€d. Extension of the ti.zx+ for payment. o,• ,nadification of amortisation of the sums secured by this vlortgago granted by bender.ta env suecessar in interest of Borrower shall not. operate to release, in-tiny manner, the lispility of the original Borrower and Borroaver;s successors in interest. Lender shalt not be required to commence proceedings against such surcessor ar refuse. to extend lilac for paymrent or otherwise modify amortisation of the sums secured py this iIortgagc by reason of ar,- dernanei ;Toads by the original Borrower and Bv~awer's su~c;essars in interest. II. orbacnrcmce by iorider Not a Woiver. Any forbearance py Lender in exercising any right or remedy hereunder, or oihernisa afforded by applieal,le laav, slrail Hat po a ts-aiver of ar preclude the exercise of any right +~` or remedy hereunder. The procurement of insurance or the paymeni of tales or other liens or charges by Lender `°`' shall Hat pe a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Ivtortgage. IZ. Remedies Cumulative. AI[ remedies provided in this ikloetgage era distinct snd cumulative to any other ~-` rf ht or remedy ~jtrder this fllort>;a a or afforded by law ar ,~• -~~- a„~ anay be exorcised concurrently, independ- g g ,u,:Y,.-, entry ar suecessiveIy. l3. Sytccessors sad Assigns ,Bound: mint and Several- Liability: Captions. The covenants and agreements herein contained shaft bind, and the rights hereunder shall inure to. the respeei.ice successors and ssgigns of Lender and Borrower, *upject to the provisions of lsarsgrapl, 1'r hereof. A.[ covenants and agreements of Borrower shall pe joint asd several. The captions and headings of rhe. paragraphs at' this ±fortgage are for coneenience aniy and ` are not to pe used to interpret or define the nracisians ]tereaf. 14. Notice. Any notice to Borrower pro~•ided for in this \Iartgage slaatt be yia-ea by mailing such nonce 6y certified ,Hai[ addressed to Borrower at raze Property- address staled below. except for am• notice required under paragraph IS itereoi to pe given to $arrou-er in the manner ineseriped by- app}icapte law. any notice provided far in this liortgage =hall he decreed to have been gi;-en to Born;wer ael.en ;;i~•en in the manner designated herein. I5. ITailarm Mor#gage; Caaverning Lave: SeveraBili#y. Tl:i form of .not•tgage combines uniform- covenants for national use and non-unifnrm covenants tc•ith iimiteri rariatians by juri~lictian to constitute a urifoim secu- rity instrument coverng rest property. This _liartgage she[[ i>e governed by "the ]sw- of the jurisdiction in which the Property is located. In the ovens that any provision ar clause of this Ziartgage or the %v`ate conflicts with applicable Taw, such conflict. steal: not affect other prai-isions of this liorigage or the `Tote which can be given effect without the conflicting {;rovisiou. and to this end the ,trot°isions of the Jiortgago snd the Note are declared to be seversbie. 16. $orrovver's Copy. Borrower shad be tarnished a conformed copy of this ~iorigage at. the time of execu- tion or after recordatior, hereof. I7. ;raasfer of the Property; Assumption. If all or any part of the Property or an interest therein is-sold or transferred by Borrower without Lender's prior written carser,t, excluding +, a; t.".e erestiar, of a lien ar encum- brance supardinate to this 1-io.~tgsta, #ht t[:e creation ar a ptrchase tr:onoy security interest. for household appli- sneec, (cj a transfer py devise, descent or by aperatian of la"~ open rhe death of a joint Tenant, ar td) the greet of any leasehold interest. of three year, o. fee, not containing sn option to purchase, Lender may. at Lender's option, docl~ re all the sums secured by this '_4iortgago to he inttnediately- due and payable. Lender shall have waived sueli apiian to accelerate if, prior to floe sale or tray:sier. Lender sad t[,e perar, to whom the Property is to be said or transferred reach agreement in svritirg that the credit of sucia person is satisfactor~,• to Lender and that the interest payable an the sums secured py this Mortgage shall be at sue3_ rate ;~ Lender sisal[ request. if Lender has waived the option ter accelerate provided in this paragraph 1 i and if Barrort-er ~ sueees_=or in interest has executed awrit- ten assumption ag.-eement accepted iu writing by Ixndor, Lmuder spoil release Bnrmwer from all obligations under this h+iortgage and the Noie. Ff Lender exercises such option to accelerate, Lender shalt naafi Bortawer native of acceleration in aeeordance with paragraph 14 hereof. Such naiice si*.ali protitide a i,eriod of not Ices than 36 clays from the date the notice is mailed within which Borrower rnav ply the salter declared due. If Borrower fails to pay such :rums prior to the expi.~tian oI ssth perm', L€,•ader tray, without further nr;,u:ovr +ernand on Borrower, invoke any remedies per- mitted py' paragraph 18 hereof. T`ote'-L'rru~ar:.~ Cav~xn~~s. ~orrroawez• and Lender iurtlrer ;;ovenant. and agree as follows: i$. Aceeieratioa; Remedies. Exrept as provided i,: parsgrt}+ia 1 i hereof, upon Borrower's breach of any covensnt or sgeeement of Borrower in ibis ~iortgagc, including the covenants to pay a•laen clue any sums secured by this Mortgage, Lender Irrior to acceleration shall mail notice, to Borrower s~ provided in paragraph 14 hereof specsfying: (i) the preach; (21 t-ham action required to cu c o-ucl. ti`~,e+,t't5t ~t date, not less than thirty days from the date the notice is znsiled to I3arrouer, by n l,icl tt h I_,r~cacf; t_?~t•ac atsred-; and (4) that failure to cure such breach on or before the date specified in the notice may result in aeeelrration of the sums secured by this ..°.iartgage-and sate o€ the Property-. If the breaelt is Hat cured oa; or pefom the date specified in the notice, Lawler at Lender's option may declare all of the sums secured in this liarigage to Ere immediately due and payable without further demand sncl may foreclt~ this ~lortgsge lay juciieiat proceeding. Lender shall be entitled to colfeet in sorb proceeding all expenses of foredo=urr°, including, put Hat limited to, comma of documentary evidence, abstracts and title reports. I9. Borrower's Right to Reiastate. tiotwithstanding Lender'; acceleration of the stmrs secured by this 'hortgage„ Borrower shall have the right to have any proeeer,:,nsr~, begun py Lender to enforce this '4fortgage dis- continued at any time prior to entry a# a judgrrient enfa;;emg this Mortgage if: (a Borrower pays Lender sir sums whit~h_ would be then due under thi _llort,ga*e. the tiate ar!c', Hate` securing r~vture Advances, if any; lied no acceleration occurred; (bl Borrower cure. all breaches of enr other revenants ar agreements of Borrower can- tamed in this mortgage; tel Borrower pays all reasonable exlrensos incurred by Lender in enforcing€he-eoverrantar and sgreements of Borrower contained in this "tifortgage and in enforcing bender`s remedies as provided in pare- grsplt 18 hereof; including, but not limited fa, re~.anaple attorney , fee_.; self fd) Harrower takes such sedan as Lender-tray reasanabiy regyire to ~Sure that the lieu of dais ~iortgs~e, Lender's interest in the €'roperty and Bnrmarer's crirligstion to pay life stems secured hz• tlaL \fartgage shall- continuo unimpaired: Upon-such payment artd viers by Boixa~er, this ililirrtgaga and-the oh3igati<rns secured hereby shall remain in: full terse snd effect ~ if no areeleratiau hell occurred. 34; Asr3gest o€ Rt~r Aptrnetxt of Reeeivsn Lender is P.o~e~iost; ~s addi~onai security here- ttnder„Borrower hereby assigns to L4.irder the rdeatR of fire Propertti . pravide€ that Borower shall, lrrior fo- aneeIer- . atiam under paragraph I$ hesetr{ sir hlrandoament of fife Property; havoc the right {o cailect -and attain- stieli- its as tliey bec;ume doers and payable. , sJpon acceleration under paragraph' i3 her«•of ar xliandonraent of the Yropertp, Lender, in person, by agent or by judieialiy appa~nteti=raneiver ~laall be t~ntztieci to ettter ulzun, take possession of snit manage Lhe Frotierty and :o collect fife rents of-the Pion;", inciudirtc tlfosc frost dtre. AIi rents coltecfed- by Lender or the receiver shat[ be applied first to-paytnentof:the costa of man:}gement of tine Froparty and collection of rents, including, btrt not limited to, reeeivex's fees, premitsins on mcezver's l;ends and reasonable :attorney's foes. and then to the sums seeur+ed Ixy this iviortgage. 3:ender and life reeeirer s4ial4-ire liable to secoiint only far those rents aetu,alty received.