79003468 - Laserfiche WebLink

Browse

?9~~'~~3468 not extend m- posipmtc rite due date of the monihk iusta!Intenh refrrrerl to in paragraphs I and 2 hereof or change the amount of such installments. 10. Borrower Not Released. )Jxtensiou o£ the rinse for payment or ntadificstion of amortization of the sum2 secured by this aIortgage granted by Lender to any successor in interest of Borrower shall noY operate to release, in any mamter, the liability of the original Harrower anti Borrotvrr's surge=sore in interest. Lender shall not he required to commence proceedings against such successor or reiusc to extend time for payment. or otherwise modify amortization of the sums secured by this Alarteage i,}- rcasou of ;tu demand [Wade by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Waiver. .-1n}- fm•bearance by bender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, sbaii nut be a wain er of or preclude the exercise of any right or reined}• hereunder. The procurement ai insurance or t he pad meat of taxes or other liens or charges by Lender shill not be s waiver of Lenders right to acce(etaie [lac r,:aturin• of the indebtedness secured i>y this Mortgage. 12. Remedies Cumulative. All remedies pmcidc+l in ti;is \lortgage are distinct end cumulative to any other right or remedy under this ~[ortnage or afforded h:: law ur oquit :-, anti uuty be exercised concurrently, independ- entlr_- or successivelc. 13. Successors and Assigns Bound; toint and Several Liability; Captions. The cotenants and agreements herein contained shell find, and the rights hereunder >haf! :nor+• to, the reyrectivr successors and assigns of Lender and Borrower. subject to the provisions of paragr:y~h 1; her•°oL :1'i r•oversnts and agreements of Borrower shall be joint and screen]. The captions and iuading~ of the paragr:y~hs of this \[ortgagc arc for convenience only and are not. t,o be used to interpret or define the nrccisions hereof. 14. Notice. any notice to Borrower pmcided for in tlm~ AlortRagr steal! br given by ensiling such notice lr certified :nail addressed m Borrower at the Propcrt~~ Address =~ate.l brloty. rarept for arn• ^otiee required under psragraoh 18 hereof to be given to Borrower in the a=am=er prescribed by :q,piicahle Iaw. Anv notice }?rovided far ir. this ltartgage shall he deemed to have been eaten to P>on~ower when [ice:: in t far manner designated herein. 15. Uniform Mortgage; Governing Law: Severability. •fhis iorn: of mortgage combines unitorm covenants for national use and non-uniform covenants tyith ]finite+i variations b}~ jurisdiction to constit-ate a unitorm secu- rity instrument- covering real property. This \lortgage shall ?,r goyet•neri by the law of rite jurisdiction in which the Property is located. In the event that :uav }trovisicn or clause of this \Iort,aet: or the Note conflicts with applicable ]sw, such conflict snail not effect other provisions of this AIorigage or the Note which can be given effect without the confiictimg provision, and to this end the provisions of the \lortgage end the Note are declared to be severable. 26. Bonoweis Copy. Borrower shall be tarnished a confonued ropy of this \lortgage at the time of execu- tion or after recorciat.ior. hereof. 17. Trmssfer of the Property: Assumption. li all or any part of the Property or ~.u interest. therein is sold or transferred by Borretver without Lender's prier written consent, excluding (a i the creation of a tier. or encum- brance sut;ordinate to tills \lortgage. r b ~ the rreatiott of a purchase money security interest for household appli- ances. ~.e} a transfer be desire. descent or be operation of let,- upon the death of a joint tenant or (dl the grant. of an}• leasehold interest of three years or less not contaiuin~ an option to purchase, Lender mss, at. Lender's option, declare ail the sums secured by chic \Sorgage to i+e nuuredistelc eiuc and payable. Lender shall have waived such option to accelerate ii, prier to the sale or transfer, Lender and [lac person to tyhom rtes Propert}- is to be sold ar transierrcti reach agreement in writing that tine credit of su:h person is satisfacwrv to Lender and that the interest psysb!e on the sums secured by this Mortgage tine]] be at sac!: rate ss Lender =halt request. If Lender has waived the option to accelerate providc'<d in this p sragrapl: 17 and if Barron-er•s successor in interest has execuied a writ- ten assumption agreement accepted in n citing h}- l.enier. Lender shall release Borrower from all obligations under this_4lortgsge end the Note- If Lender exercises such option. to accelerate, Lender snail nmi! Borrower notice c; acrelcration in accordance with paragraph 1-I hereof. ~ucla notice sl[a]t provide a priori of not le=< than 30 days Eros; the date the notice is mailed within. which Borrower mac p:ay tie sums declared eiuc. ii Borroter fells to pa': such sums prior to the expiration at" such peritxi. Lender [nay. wirhour further notice or demand on Borrower. invoke any remedies per- mitted by paragraph 18 hereof. tios-I~siFr>nvc Cnr~sesrs. Rorrun•er and Lender tu!•t-lace curcnant ant? as~re<~ as i'ollalc..: 18. Acceleration: Remedies. Eticept as ]Wolf+le~l m :+:va~rapl~ 17 i:rreof. upan Bornm er :< breach of an3• covenant or agreement of Borrower in tI!is \torttt:e,c. inrlwlSn, the covenants to }~a} ~+'ben due ant anus secured by this Mortgage, Lender prior to arecleratioa ~l:aIl tu;ul native to E3onowcr ;,~ prati,icd in l~sar:agrapl: l~ hereof specifi•ing: ill tle ]reach; i2r the action ra}aired ro cute: wci: Greacb: i3~ s date. net lens than thirtt• days from the date the na±irc• is ,nailed to Harrower, by ~ehicl: suci, breach must be curt'<I; ami ~ 4r that failure +o cure _wr-h breach on or before the date specifier m the nonce mac re=alt in aceclrraticru of rite .wale secured hp this ~fortgxge and sale of the Property. if 2i,e breach is not cored ot: er before the date sl!ertficd in tLe notice, Lender at Lender's option mar de=dare all of the suu,s secured b}- ti:i> \lortgage to be inunediatety due and payable avithout further demand an^-d :nay iorerl~e this Mortg:t,c by judicial pracec-zling. Lt~nder shall he entitled to cOI{ect in surf proceeding ail expenses of iareciosurr. inclu~3iug. lntt net limited te. cost: ai +locwnentary evidence. ab-tracts and title reports. i4, $orrowez's Ilight to Reinstate. Sotwithstanding Lenders acreh•rxtion at the sums secured by this Iviortgage, Borrower shall have the right to have any proceedings begun by Leerier to eniorrc this Mortgage dis- continued at any time prior to entn• of a judgment eniaxcimg this Mortgage it: tai Borrouer pay= Lender all sums which would be then due under this \lortgage. tl:c Note and notes securing Future .advance., if any, had no aeceieration occurred; ibi Borrower curd ell brearl~cs of :env other rovcnat:t- or agrcenten*.s of Borrower ca.^.- tsined in this Mortgage; te1 Borrower pats ail seasonablt• expenses inrurrt~ri b}• ].ender in unforring the covenants and agreements of Borrower cantaired in t hi= \Iortgat;e and in enimring I.t•nders remedies as provided in para- graph 18 hereof, including, but rot limited to. reasonable attorney's lee-: and +d i Borrower tapes such action as Lender may reasonably require to assure that the tier, at this Mortgage. I_c•nder's interest in the Prol,em• and Borrower's obligation to pay the antes secured by this \fortgsge shall continue unimpaired. I'pon such payment and cure by Harrower, this'.liortgage and the obligations secured hereby shall remain in full farce and effect as if n0 aCeeleratlitn had aelur2'ed. 253- ll~ats~t ~ Bezels: Appainimeat of Aaceivar: Leader in Possessfoa As additional security here- under, Borrower hereby assigns to Lertder rite rents of the Property, provided that Borrower shall, prior to acceler- ation under paragraph 18 herec` or abandonment of the Propem•. bare the right ro collect and retain such rents as they become due and payable. LTnain ttprgtitty ,tt+dae ~arnaernnh lA l,era..i r±r ah?ndonrnrnt of the.Yroperty. Lender. in person, ly agent or by judicially appointed receiver shall be entitled to enter upon, take pox ession of and manage the Property and to collect the rents of rite Property, including those pact due. All rents col3et•ted by Lender or the receiver shall be applied first to payment of the costs of management. of the Property and collection of mete, including, tent rtoi limited to, receivers fees, premiums on raceiver•s Iwnds sand rcasanalle attorney's fees. and then to the sums secured by this Mortgage. Lender and the receiver shall he lialie to account only for those rents artttalh• received.