Laserfiche WebLink
<br />not extend•or postpone the due date ai the monthly ittstailntents referred to in paragraphs I and 2 hereof or <br />change the amoaat of such installments. <br />10. Borrower Not Released. Extension of the tune fm• payment or modificat5on of amortization of the sums <br />secured by this 3ortgage grantee! by Lender to any successor in interest of Borrower shall not operate to release, <br />in any manner, the liability of the original Borrower and Borrower:s successors in interest. Lender shall not be <br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Mortgage hr reason of anv detnand made by the original Borrower and <br />Borrower's successors in interest. <br />11. Forbearance by Lender Not a Vi'aiver. Any forbearance by bender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable Ian, shat( I)Ot 1)e a R'Al~2r of or preclude the exercise of any right <br />or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's right io accelerate rite maturity of the indebtedness secured by this l!Iortgage. <br />I2. Remedies Cumulative. 311 remedies provided in ibis Mortgage are distinct and cumulative to any other <br />right or remedy under this Mortgage or afforded by la\c or equitc. and ma}- be exercised concurrently, independ- <br />curly or successively. <br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements <br />`~ herein contained shall bind, and the rights hereunder sltai( inure to, the respectlvo successors arri assigns of Lender <br />~ and Borrower. subject io the provisions of parsgruph 17 hereof..Vi covenants anal agreements of Borrower shall <br />~ be joint and several. The captions and headings of the paragraphs of this \tortgagr are far convenience only and <br />are not to be used to interpret or de&ne the provisions hereof. <br />~ 14. Notice. any notice to Borrower provided ter in this Jtortgsge shall be siren by urailing such notice by <br />~., certified mail addressed io Borrower at the Property address ,rated helo\r. except for ¢:nr notice re-quired under <br />paragraph 18 ]tereof to he given to Borrower in rite manner prescribed be applicai>lc fan-. any notice provided <br />for in this 3ortgage shall he deemed to have been given to Borrower when given in the manner designafed herein. <br />15. Uniform Mortgage: Governing Law: Severability. 'I'bis form of mortgage combines uniform covenants <br />for national use and non-uniform covenants with Iimiteei variations b}• iurisdiction to constitute a uniform secu- <br />rity instrument covering real Ixoperty. This ~Iorfgage shall he geverneei bs• the law of the jurisdiction in which <br />the Property is IoeatEd. In the event that any provision or clause oI this _lortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of This \Iortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the Iortgage and the Note are declared <br />to be severable. <br />16. Bonower`s Copy. Borrower shall be Turnished a conformed copy of This ~forigage at the time of execu- <br />tion or after recordatim) hereot. <br />17. Transfer of the Property; Assumption. Ii all or env part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior \rrftten conser.±. excluding ia) the creation of a Lien or encum- <br />brance subordinate to this \Iortgage, 11)1 the creation of a purchase money security interest for household appl'. <br />antes, ic) a transfer by devise, descent er by operation of la\\ upon the den*.h of a joint tenant or (d) the grant of <br />any leasehold interest of three years or less not containing as option to purchase, Lender may. at Lender's option, <br />declare ail 'the sums secured by this Mortgage to be inuuediatelc due and payable. Lender shall have waived such <br />option to accelerate if, prior to tL-e sale or transfer, Lender at;d the perch to \vhonx the Pt°operty is to be sold or <br />transferred reach agreement in writing that the credit of such person is satisfactor}• io Lender and that the interest <br />payable an the sums secured by this Mortgage shall be at such rate as Lender shall request. II Lender has waived <br />the option to accelerate provided in ibis naragraph t7 and if Borrower's successor in interest has executed a writ- <br />ten sssumptian agreement accepted ih writing by Lender, Lender shall release Burrower from all obligations under <br />this Mortgage and the Tote. <br />If Lender exercises such option to accelerate, Lender shaiI chaff Borrower notice of acceleration in accordance <br />\vith paragraph 14 hereof. 3ucit notice shall provide a period of not less than 30 dace tram the date the notice is <br />tnailed within which Borrower may pay the sums declared due. If Borrower fails to liar such sums prior to the <br />expiration of such period, Lender ma}•.:vithout furthet• notice or demand an Borrower. invoke an}• remedies per- <br />mitted by paragraph 18 Ite:•eof. <br />fox-L`~tgors~nr COVF,NAFTS. Borrovvet• and Lender farther covenant and agree as folloirs <br />18. Acceleration; Remedies. Except a~ provided in paragraph 17 hereo. upon Borrcnver's breach of any <br />covenant or agreement of Borrower In ti;i= ~fort}:aec. including the covenants to }lay \vhett due am• sums secured <br />by Phis Mortgage, Lender prior to sccelerattnn shall mail notice tc Borrower as prov'icieci in naragraph 1•l hereof <br />specifying: 11) the breach; i21 the action rt~rluired to cure such breach; iii a date, not less thar. thirty days <br />trom the date the notice is maiicvl to Borrower. l.v which surf breach must he cured: and ill that failure to cure <br />such breach on ar hatare t-Ile date specified in the notice may result in acceleration of the sums secured by this <br />>iortgage and sale of the Property. i= the breach is not careri oP: or befm•c the ~iatc~ slreeified in zhe notice, Lender <br />at Lender's option may declare sIi of the sums secured by ibis Sortgage to be immediately due and payable <br />without further demand an<i ma}' foreclose this ~Iortka,*e be iudiciat proceeding. Lender shall he chili-led to collect <br />in such proceeding all expenses of fnreciosure. tnc;uaing, }rut not lituited to, costs of documentary evidence, <br />abstracts and title ren_ orts. <br />19..Borrower`s Right to Reinstate. tiotw-ithatauding Lender's acceleration of the awns secured by this <br />Mortgage, $orrower sha}I have the right to have any proceedings i)egmt by Lender to enforce this 3ortgage dis- <br />continued at any-time prior to entry of a judgment enio~•cing this ~Iortgsge if: (a; Borrower pays Lender all <br />sums which would be then due under This Iortgage, the :\ote anti notes securing Fnhrre Advances, if any, had no <br />acceleration occurrnd: fb} Borrower cure: alt breaches of anv other covenants or agreements of Borrower con- <br />tained in ihis'+rfortgage; Ic) Borrower pays all reasonable expenses incurred be Lender in enforcing the covenants <br />and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in para- <br />graph 18 hereof, including, but not limited to, reasonable attonter's lees: and ;d} Borrower takes such action as <br />Lertder may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and <br />~otrower's obligation to pay the sums secured by this Mortgage :hall continue uninrpaired. L'1?on such 1?ayment <br />and-cure by Borrower, this l~fartgage and the obligations eecured hereby shaft remain in full force and effect as if <br />na acceleration had occurred. <br />Zt1. Rsaiatteat of RerNs; Appoimtmeni of Receiver; Lender is Possession As additional security here- <br />urtder; $atrawer hereby assigns to Leader the. rents of the Propert}~, provided that Borrower . 'tali, prior to acceler- <br />ation under paragraph 18 hereof or absndontnent of the Property, have the right to collect and retain such rents <br />as they beatime due and payable- <br />I7pnn acceleration under jlaragraph 18 hereof or abandonritent of the Property, Lender, in person, by agent <br />or by judieialIy appointed aeceiver-shall be entitled to-enter upon, take possession of and n)anage the Property <br />and to collect the rents of the Froperty, including those past due. all rents collected by Lender or the receiver <br />shall be applied first to payment of the costw of management of the Property and collection of rents, including, but <br />not limited Eo, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees. and then to the sums <br />secured by this Mortgage. Lender and the receiver shall be liable to account onh~ far those rents actually received. <br />