Laserfiche WebLink
not extend or postpone the due daft of rise a~,nrnalsir :,,, ss'ir}.Ynt~ _ -, rrt:*i ;r ;, : aragraphs 7 anti 2 hereof or <br />change the amount of such instalime~its. <br />It). Borrower Not Released. Extension of the rir!;c for parruu~nt nr madifrcat-ion of amorz.iaatdon of the sums <br />secured lay thss 3lortgage granted l,y I.entler ro auv s;.trcessor- ir; inter+•rt of Borrower sl:ail not operate to release, <br />in any :Wanner, the liability of the original $orrottcr an~i Borron.cr"~ >uccesaors in interest. Lender shall pat be <br />required to commence proceedings agains# suet; successor or refuse to extend rime for payment or otherwise modify <br />amortization of the sums secured by this \lorgage 1st reaso;: o a;tg- demaricl made by #]te original $orrower and <br />Borrower's successors in interest- <br />II. Forbearance by Leader Not a Waive7. Any forbearance by Ixnder in exercising any right or remedy <br />~ hereunder, or otherwise afforded by applicable left, shah not he a +taiter ~f or preclude the exercise of any right <br />`~ or remedy hereunder. The procurement of insurance ar rite l,a}-nrent of taxes or other liens or charges by Lender <br />shall not be a waiver of Lender's nglrt to accelerate rlac n,aturiiy of tl;e indebtedness secured bt• this 'tortgage. <br />12. Remedies Cumulative. all remedies providedi in tttie Mortgsge arc distinct and cumulative to any other <br />~ right or remedy under this .lIortgagc: or afforrrd i.}- ia+t or rr{ui! ~-. and mar be exercised concurrently. independ- <br />ently or successively. <br />13. Successors and Assigns Bound; Joint and Several L:abi&ty; Captions. 'T'he cotenants and agreements <br />~ herein contained shall bind, and the rights bereunder shall ir.urr to. the respertivr successors and assigns of Lender <br />~ and Borrower, subject to the provision< of h:,ragrtph is hereof .~li covenants an,i agreements of Borrower shall <br />be joint and several The captions and headings of the 1,arsgra;,lt> ,tf this Afurtgae ;rte for com•enience only and <br />are not to be used to interpret or define the provision= itereoi • <br />14. Notice. .any notice to Borrower provxicd fpr in [hr Mo~~ see shall he riven by mailing such notice br <br />certified mail addressed to Borrot+-er at the Yroherty .addrrs~ st:ued below. rxcrht floc any rutice required tinder <br />paragraph ]8 hereof to be given ro Bm-rotcer in the m;uuta~r ;nescnhed i,}• aphlicaLie I:ttr. :1ny notice provided <br />for in this ~iortgagc shall he deemed to hate Bern given to Borrower .then giteu nt th+• manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. 'T'his form of mortgage combines unifanu cotenants <br />for national use snd non-uniform cotenauts with limited tariations h}• iurisdictiou to constitute a ur,iforni secu- <br />rity instrutueni covering real propertt-. "Phis \(ortgsge shall hr governed b}• the law of the jurisdiction in which <br />the Property is locsted. In the dent that :urv provision or clsuse of this \lortgage or the Note conflicts with <br />applicable law, such conflict shall not affect other precisions of this Mortgage or the \ote which can be given <br />effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared <br />to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of this ~iortyaGe at the time of execu- <br />tion or after recotdatior- hereof. <br />17. Transfer of the Property; Assumption. If all or any hart of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prim' written consent. excluding (a1 the creation of a lien or encum- <br />brance subordinate to this \iortgage, tb) the creation of a purchase money security interest for household appli- <br />ances, te) a transfer by devise, descent or by operation of lap- upon the death of a joint tenant or idl the grant of <br />any leasehold interest of three years or less not containing an optimt to purchase, Lender rosy, at Lender's option, <br />declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall hate waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or <br />transferred reach agreement in writing that the credit- of such person is satisfactory to Lender and that. the interest <br />payable on the sum, secured by this Mortgage ehali be at such rate as Lender shall request. If Lender leas waited <br />the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a writ- <br />ten assumption agreement accepted in tenting by Lender, Lender shall release Borrower from all obligations under <br />i.his Mortgage and the Nate. <br />If Lender exercises such option to accelerate, Lender shall wail Borrower notice of acceleration iu accordance <br />with paragraph I4 hereof. Suclt notice shalt provide a period of not less than 30 dsys from the data the notice is <br />mailed within which Borrmver tray pat the emus declared due. If Borrower fails to hay such sums prior t-o the <br />expiration of such period, Lender may. tcithout fut•ther uotice or druuuxl on Borrowrr, intoke env remedies per- <br />sititted by paragraph i8 hereoi. <br />~rnzr-j~MIFCIR&i t'ov~;~ta:er,. Borrower anti Lender tltrtht=r cot'en:tut and ag'r'ee as fiillows <br />Itl. Acceleration: Remedies. Except as pruchled in h;rragraph 17 her<xtf, upon Borrower's breach of any <br />covenant or ttgreentent of Borrower in this Mortgage. inrlutiing the coveuattts to pay when due am sums secured <br />by this Mortgage, Lender prior to acceleration shalt ^urfl potter to Borrowrr as htnrided in paragraph 1 } hereof <br />specifying: fl) the breach; t2f the actimt required to cure such hrruch; t;31 a flare. uc[ less than thirty dais <br />from the elate the notice is mailed to Bm•rmcrr. by w!nr•h such breach roust be cured; and i41 that failure to cure. <br />such breach on or before the date specified iu the notice may result in acceletutiun of the sofas srrurrd bt this <br />:Mortgage and sale of the Property. If the brraeh is not cured or: or before the date specified in the notice, Lender <br />ttt Lender's option may declare all of the sums sectnrd Ly thi, AIortgagc robe inuucdiauly due and payable <br />without further demand and tray foreclose this 1lortgagr by iudiciul proceeding- Lender shalt be entitled to collect <br />in such proceeding all expenses of torc•closure. including, but not limited to costs of documentary evidence, <br />abstracts and title reports. <br />19. Borrower's Right to Reiastato. lotwithstanding Lender's acceleratiou of the sums secured 6v this <br />14fortgage, Borrower shall have the right. to haco nut proceeding- begun by Lruder to rnfuree this Mortgage dis- <br />continued at any time prior to entry of s judgntc•nt cnfoa•ring this Mortgage ii: Tut Borrower pays lender all <br />sums which would be then due under this ~lortgagr, Uu \otc and notes securin* Future ,-~dvanc•es, it anr•, had no <br />acceleration occurred; (b) Borrower cures rill hreuches of nm• other rotrnants or agrceutents of Borrower con- <br />tained in this Moog 1_cl Lorrower pays all reasonable ,=xpc=n=es ineurrrd hE Ltndrr in ,Enforcing the covrnanty <br />and agreements of Borrower contained in this Mortgage and in t=uftn•ring Lender'. remedies ns prodded in para- <br />graph 18 hereof, including, but not limited to, reasonable attm•oey:~ fees::tnd idl Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this tlortgagr shall continue uttiptpaired. Upon such payment <br />and cure by Borrower, this Mortgage and the obligation: secured hereby shall remain in full font and effect. as if <br />na acceleration had occurred. <br />;RL Asslgaauat of Rsata; Appofataasat of Receiver; Leader in Possession. :1s additional security here- <br />under, Borrower hereby a~igns to Lender the rents of the Property, pror•idcd that Borrower shall, prior to acceler- <br />ation under paragraph 18 hereof or abandonment of the Property, hate the right to collect and retain such rents <br />ss they becmne due and payable. <br />Upon soeeletation under paragraph 18 hereof m• alNtndonment of the Property, Lender, in person, by agent <br />or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property <br />and to collect the rents of the Property, including those past due. all rants collected by Lender or the receiver <br />e.Irall be applied fast to payment of the costs of management of ti;e Propasty and collcriion of gents, including, Lai <br />not Limited to, receiver's fees, prentiutita vn mceiver's bands and reasonable sitornev's ices. ;rod then to the scans <br />secured by thin Mortgage. Lender and the receiver shall 6r liable to account onh• for tiu>se rents artualh• received. <br />