Laserfiche WebLink
not extend or postpone the due date of the monthly installment referred to in paragraphs 1 and 2 hereof or <br />change the amount of such instailme~ts. <br />10. Borrnwer Not Released. Extension of the time for payment or modification of amortization of the sums <br />secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, <br />in any mariner, the liability of the original Borrnwer 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 by reason of any demand made by the original Borrnwer and <br />Borrower's successors in interest. <br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable late, shall not be a trsiver 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 to accelertte the maturity of the indebtedness secured by this &Iortgage. <br />12 Remedies Cumulative. All remedies provided in this Mortgage are distinct and cuxnalative to any other <br />C~ right or remedy under this Mortgage or afforded he late or equity, and may br exercised concurrently, independ- <br />~ ently or successively. <br />r. 13. Successors and Assigns Bound; Ieiat and Several Liability; Captiotas. The covenants and agreements <br />C~ herein contitined shall bind, and the rights hereunder sha[i inure to, the respective successors and assigns of Lender <br />and Borrower, subject io r_he provisions of paragraph 1 i hereoL Al! covenants and agreements of Borrower shall <br />~~ be joint and seversl. The captions and headings of the paragraphs of this Mortgage are for convenience only and <br />are not to be used to interpret or define the provisions hereof. <br />14. Notice, Any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by <br />~ certified :aril addressed to Borrower at the Propem- .Address stated be]ety, except for an:' notice required under <br />~ paragraph IB hereof to be given io Borrower in the manner prescribed by applicable tan-. any notice provided <br />for in this Mortgage shsll be deemed to have been given to Borrower when given in rite manner designated herein. <br />15. IInifozm Mortgage; Governing Law; Severability. 'i'bis tone of mortgage combines uniform covenants <br />for national use and non-uniform covenants with timiied variations by jurisdiction to constitute a uniform se~u- <br />rity instrument covering real propert.}•. This \iortgage shall be governed by the ]etc of the jurisdiction in which <br />the Property is located. In the event that m:y provision or clause of this \iortgage or the Note conflicts with <br />applicable law, such conflict shall nut affect other provisions of thi; \lorfgage or the Note which car. be given <br />etieet without lire convicting provision, and to this env, the provisions of the. \iortgage and the Note are declared <br />to be severable. <br />i6. Borrower's Copy. Borrower shall he furnished a conformed copy of this :Mortgage at the time of execu- <br />tion or after recordation hereof. <br />17. Transfer of the Property; Assumption If alt or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender's prior written consent. excluding ial the creation of a lien or enc»m- <br />brance subordinate to this Mortgage, tb) the creation of a purchase money security irterect for household appli- <br />ances, {c} s transfer by der-ise, descent or by operation of law upon the desth of a joint tenant or Idl the grant o€ <br />any leasehold 3rrtEre54 of three year= al' }eve clot Caili alnlrtg art a}>iia5r iu Iin; C11:L~r. %E=lider nia~', at LendcT~s OptlOn. <br />declare all the runts secured by this Mortgage to be iannediatel}• clue snd payable. Lender shall hate waived such <br />optaon to accelerate if, prior to flte sale or transfer, Lender ~::d tLe }serson to whom the Propem- is to be sold or <br />ttatrsferr~ rt:aelt agmement ir. writing tltst the credit of such person is satisfactory to Lender and thst the interest <br />payable on the sums secured by this ]iortgage shall be at sucL• rate as lender shsl] request. Ii Lender has waived <br />the option to accelerate provided in this parsgraph }: snd if Borrower's successor in interest hss executed a writ- <br />ten assumption agreement sccepted in writing isy lender. Lender shall release Borrower from alt obligations under <br />this Mortgage and the Note. <br />L Lender exercises such option to accelerate. Lender shall msi] Borrower notice of acceleration in accordance <br />tvitlr paragraph 14 hereof. Such notice shall provide a lseriod of vat lc•s; than 30 Mays from tl;e date the notice is <br />mailed within which Borrower tear pay the runts declared clue. If Borrower fails to {=a} such runts prior to the <br />expiration of such period. Lender stay, without further notice or ilettrand on Borrnwer, invoke am remedies per- <br />m%ited by psragraph 18 hereof. <br />\os-L"vt~oaat C'ocsvex~. l3orrocver and Lendet• further covenant and ae'ree a. follow <br />I[i. Aeeslsrationt Remedies. F,xtept as provided in paragraph l; ht•moi, ulwn Borrower's bmaclr o3 any <br />tarenant or agreement of Borrower in this llongagc, inc•;uding Ilse covenants to }isr w-hrn slur any sums secured <br />try this \iortgage. Ler,:lt~r itrier to acceleration ,halt trail notice- to Borrower as ;~roviticYi in paragntpii 14 hereof <br />»perifying: ill the breach: t2s the action rrc;uireii to cure ouch hreacl+; was a dato. not lc~ than Chirtr days <br />from the dart tlx= notice is ensiled to Bon-orrcr, be w3zic11 .ucir inracit must tK• curd:: and +4t that failure to cure <br />sorb breach on or before the date specified in thv notice may result in acceleration of tl,c. routs ,ecured by this <br />lorgage and sale of it:e Protxrty. If the breach is not cured Oct or befarr the date slx=tified in the notice, Lender <br />at Lender's option utay declam all of the su;us secured br this Jfortgsge to he immediately due and payable <br />without further demand and may iorerlo;e this \iortgage by judiri:tl procreditsg. Lender shall lse entitltvl to collect <br />in sutit proceeding aIl txpenses of farrrlosure. including. but not lituitrd to. costs of docuu+entary evidence, <br />abstracts and title reports. <br />19. Boerowofs Bight to Rain ate. lotaithstandi:+g Lender's seceleration of the scans secured by this <br />Mortgage, Borrnwer shall have the right to here any proceedings begun by 3,ender to enfarer this Jortgage dis- <br />at any titre prior :•tir erttry of s judgtnent enforcing tisis _sloriKagr if. sac Borruwi'r pays I,ertder al] <br />stuns which wonhl lx then due under this 1Iortgagt, rhr \ote and notes securing Future Advances, ii any, had no <br />acceleration occurred; (b) Borrower eure~ all breaches of am other roi-enants or agreements of Borrower con- <br />e in 4~3ia Mme; (tl Borrnwer pays all t•eabnshle expenses incurred by l,tnder in enforcing the covenants <br />and agteennents of Borinvrer toatained in this Mortgage >:;,.; :n rninrcing bender'; remedies as provided in para- <br />graph I8 hereof, including, hui not limited to, reasonable attorney's tee:: and sd] Borrower takes such action as <br />Leader may reasanabig -require to assure that the lien of this ilartgagt, Lender's irtere_-t in the Property and <br />Borrower's obligation to pay the sums secured by this ]iortgage shs}l continue unimpaired. I'pon such payment <br />asd Dion by Borrower, thht Mortgage and the oltligations secured hereby shall remain in full force and effect a, if <br />no sacelorat.~ had occurred. <br />of 8 Appnt ~ Beseiver. Ltmdsr in Possession 3x additional security here- <br />untter,~lorrawer hereby to Lender` the rents of the Properkj•, prm•ided that Borrower shall, prior to acceler- <br />tif~tm roofer par~r~splf'18 htxeof or ahamitximent of the Property, harr the right to collect and retain such rents <br />ss fkey dice anal psytirble. <br />IIptis.aax+eleration.undet.patagaph i8 hereof or abandonmtnt of-the Property, Lender. in person, by agent. <br />er by,ally apporntaa; rer~-,:er shall fie-Ent#ied to Enter upon, take passE.s ,gin of grid tuansgE the. Prnpery <br />and •A tmlleirt the rents of the Property, ireluding those past due.:All-rents coiiectevi by Lender or the receiver <br />sl(aai3 ire agp[ied first to payment of the eosfa of management of the Property and t•olIection of mots, including, but <br />not limited to, receiver's fees:l2remittms on reeeivEr's fronds and reasot~ble attorney's fees. at:d then to the sum, <br />seettred by this \iortgage. bender and the receiver shall he liable to account :snly for tltosc rents z.rtually received. <br />