Laserfiche WebLink
<br />not extend m• ]tostpone the due date of N,c nunuhly uu;allnu-m= roh~rred to its paragraphs 1 and ?hereof or <br />change the amount of such installme~~ts. <br />10. Bozrower Not Released. lstension of the time for irayment or modification of utnortization of the sums <br />secured by this Mortgage granted by Lender to any surressvr in inters t oC Borra•,er shall not operate to release, <br />in any manner, the liairility of the original Borrotcer and Bnrrowrr'~ successors in interest. bender shall not be <br />required to commence proceedings againet such suceessm• m~ rciusr to extend time fm~ pacmert or otherwise modify <br />amortization of the sums secured by this Mortgage b} reasm~ of sun demand made bt• the original Borrower and <br />Borrower's successors in interest. <br />I1. Forbearance by Lender Not a Waiver. .-~:n• forbearnncc h}~ Lander in cxerrising any right or remedy <br />hereunder, or othencise aft'orded by applicable law, shall rot h~ a waiver of or preclude the exercise of any right. <br />or remed•; hereunder. The procurement- of insurance or the paynx•rt of cases or other liens or charges h}• Lender <br />shall not be a waiver of Lenders right to accelerate the mantrit}~ of the indebtedness secured by this Mortgage. <br />12. Remedies Cumulative. all remedies provided in this Mortgage are distinct and cumulative to any other <br />right or remedy under this \brtgage or afforded h}- !ute or r•quin~. and u,uy 6c exercised concut•rentlc, independ- <br />~ enidy or successively. <br />~' 13. Successors and Assigns Sound; Ioint and Several Liability; Captions. The caacumrts and agreements <br />Cs herein contained shall bind, and the rights hereunder shall inure io, the respective successors ;utd assigns of Lender <br />~ and Borrower, subject to the provisions of paragt:qrh {. hemoi. all coventutts and agreements of Borrower shall <br />~ be joint and several. The captions :md headings of the paragraphs of chi= )lortgage arc fm' concenieree only and <br />~ are not to be used to interpret or define the provisions hereof. <br />14. Notice. 9n}• notice to Borrower provided for in this Aortgage shall he given by mailing such notice by <br />certified mail addressed to Borrvwer at the Property address stated below. exct•pt tior ;un• notice required under <br />~ paragraph I8 hereof to be given to Borrotcer in the utanner prescribed i,}• applicable lace. Any notiec provided <br />~ for in this Slott a e shall be r,leemed to hate been ivru to Harrower when <br />g g g git'cu m the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. •1'his imvt of mor[gage combines uni.`orm covenants <br />for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform secu- <br />rity instrument covering real property. This Mortgage shall be governed by the late of the jurisdiction in whirl? <br />'.`.e n-- is boated. in the event that an3° ravisbn or clans , <br />tvp'ervy p e of ti:is Mortgage or t.te Note cenfiic[s with <br />applicable lath, such conflict shall not affect other provision= of this \lortgage or the Note which can be given <br />effect without the conflicting provision, and to this end the provisions of the \lortgage snd the Note are declared <br />to be severable. <br />16. Bonower•s Copy. Borraw'er shall be furnished a conformed cap}~ of this \Iorfgage at the time of execu- <br />tion or after recordation hereof. <br />17. Trarufer of the Property; Assumption. If all or any part of the Property or an interest therein is sold <br />or transferred by Borrower without Lender'; prior written consent, excluding ts) the creation of a lien or encum- <br />brance subordinate to ibis \lortgage, ibi the creation of a purchase money security interest. for household appli- <br />snoee, (e) a transfer by devise, descent m• by operation of law upon ehe death of a joint. tenant or (dj the grant of <br />any leasehold interest of three years or less not containing an optiat to purchase, Lender msv. at Lender's option, <br />declare ail the sums secured by this Mortgage to be inuuediateh due and payable. Lender shall have waived such <br />option to accelerate ii, prior to the sale or transfer, Lender snd the person to whom the Property is to be sold or <br />trnnsferred reach agreement. in writing that the credit of such person is;atisfactor}- to Lender and that the interest <br />payable on the sums securni by this lforigege shall be st such rate as Lender shall request. Ii Lender has waived <br />the option to accelerate provided in this paragraph 17 and if Bonvwer's successor in interest has executed s writ- <br />ten assumption agreement accepted in writing by Lender, Lender :hall release Borrower frotu all obligations under <br />this Mortgage and the Note. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance <br />with paragraph 14 hereof. Such notice :hall provide a period of not lees than 30 days Eton: the date the notice is <br />mailed within which Borrower may pay the sunns declared due. If Harrower fails to pap ouch aunts priort-o the <br />expiration of such period, Lender tns}-. w ithout iurtl:er notiec• or demand on Borrower, invoke any remedies per- <br />mitted by paragraph 18 hereof. <br />\o'\-I-\IFQR~t t'oct:~e~TS. Borr•awer xncl Lender t'urthcr t•oveuart anti agrit• as fallatvs: <br />18. Acceleration; Remedies. Fsce:~t as ln~ovidc I in paragraph l; 6t•mof. t;pon Horrotvcr's brnarh of ant• <br />covenant or agreement of Burrower in t!!is Atortgxte. inchuling the covenants to pas r~~ht=n due arn• ?ants secured <br />by this \lortgage, Lender prier to acceleration -1:x11 mail notiec w Horrottrr as provided i^ paragraph 14 hereof <br />specifying: (li the breach: rat the activn required to cure bush breach: +31 a dnn•. not less than thirty days <br />Srom ffie date the notice is mailed to Bun•o•,vcr. Lc which suet breast, must bc-cured; an,l it i that hnilurc to cure <br />such breach on or before the date specified in [he Holier may trsuft in acceleration vi the sums secured by thi <br />Sortgage and sale of the Property. Ii the bread: is nut cured or. or before the ,late specified in the notice. Lender <br />at Lender's option mat• declare all of the sums secwed ln• this Mortgage to be itmuer;iateh~ due xnd payable <br />without further demand and ms}- ;~ret•lvse ties Alongage by ladleful proceeding. Lender stall he rmitkvi to collect <br />in such prviceeding all expenses of Soreclasure. including, ixn not limited ro, costs of documentary evidence. <br />abstracts and title reports. <br />19. Harrowers Right to Beinstate. \otwithstandmg lender's acceleration of the sinus sc•cune{ by this <br />Mortgage, $orrower shall have the right to have sty proceeding; begun in- bender to rnfarcr this \tongage dis- <br />continued at any time prior to entry of a judgment enforcing this \Ivrtgsge it: tin, Borrower pa}'s bender sl] <br />sutns which would be then due under this lfortgagc. the Note and notes sectnring b-arum :1dt anccs, if ant, had no <br />acceleration occurred; tbi Borrower cure's all breaches of any vther ec:cnanv or agreements of Borrower con- <br />tained in this Mortgage; Icl Borrower pars all reasvnsbk• expenx•s inrurrt:i by Len,ier in enforcing the covenants <br />and agreements of $orrower contained in this \lortgage and iu rnforring Lcmler's remedies its provided in parn- <br />graph 18 hereof, including, but not limited to, reasonable sttorne}•'- ices: and idf Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Morigagc. Lender's inten•st in dte Property and <br />Botrower'a obligation to pay- the sums secured hp this \iortgagr• :hall continue unimpaired. LTpott such payment <br />and cttre by Borrower, this Mortgage and the obligation= secured herein• shall remain in full Iorce and effect as if <br />no acceleration had occurred. <br />20. As®4antant of Ruts: Appolgimeat of Receiver; Lender in Possession. as additional security here- <br />under, Borrower hereby assigns to Lender the rents of rite Propem•. provided that Borrower shall, prior to acceler- <br />ation under paragraph I8 hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph 18 hereof m• abandonment of the Yropet•ty. Lender. in person, 6y agent <br />or by judicially appointed receiver shall he entitled to enter upon, take possession of and manage the Properly <br />and to collect the rents of the Property, including those past due. all rents collected by Lender or the receiver <br />shall be applied Srst to payment of the costs of management of the Property and callet•tion of rent., including, bur <br />not limited to, receiver's fees, premiums vn receiver's hmuls and masmrable attorney's ices. and then to the sums <br />secured by this Rlortgage. Lender and the receiver shall be liable to account only for those nnit~ actually rcreit•ed. <br />