79006356 - Laserfiche WebLink

Browse

pat extend or• l;roat,panc the dtae date oi` i,he rnarttJ,~l~r tnster9hnerut~ r~fet rer~~ri tr, ~iri, la;tra,g,rap8~rs Y and 2 hereof or change the atmourrt of such instailman~ts. 1Q. Borrower Not Releasad. ]/xtensian of the lame: far prayrnent. or rttrrdificaf;ian rtf ama~rtization of the stuns secured by ibis :'+Sortgage granted by Lender to any successor in interest of Barran-er .hall not opera.' a to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shal} not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by Beason of any demand made by the original Borrower and Borrower's successors in interest. II. Forbearance by Lender Not a Waiver. .any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not he a +cairer ot" or preclude the exercise of any right or remedy heremxier. 'the procurement of insurance m• rite pa}•ntent of faxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturit}° of the indebtedness secured by this jicrtgage. I2. Remedies Cumulative. :~11 remedies provided in this Mortgage are distinct and cumulative to any other right, or reined}~ larder this Mortgage m• affordei la:• Itnr or c<;airy, and pray be exercised concurrently. independ- entl}= or successively. 13. Successors and Assigns Bound; Joint and Sevezaf Liability; Captions. The covenants and agreements ~ herein contained shall bind, and the rights hereunder shall inure to, the respective successor, and assigns of Lender and Borrower. subject to the provisions of paragraph 1; hereoi.:a.ll covenants and agreements of Borrower shall • fie joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience culy and are not to be used to interpret. or define the provisions hereof. 14. Notice. .1n}• notice to Borrower provided for in thi.~ Aortgage shall be given he mailing such notice by certified trail addressed to Borrower at the Yropcrt}• Address stated hclo;c, except for any notice required under ~ paragraph ]8 hereof to be giccn to Bo:•ro+yer in the manner prescribed by applicable In. 9m° ^otice proruled ~ for in this \iartgage shall be deemed to 6avc been given to Borrower when given in the manner designated herein. 15. Uniform I+Rortgage; Governing Law; Severability. 'I'bis form of mortgage coutbincs uniform covenants for national use and non-uniform cotenants with limited variations by jurisdiction to constitute a uniform secu- rity instrument coverir;g real property. `t'his Mortgage shall be governed by the late of the jurisdiction in which the Property := located. In the event that any provision or clause of ibis ~Iort.gage or the Note conflicts with applicable law, wuh conflict shell not affect other provisions of this Aortgage or the Note which ran be given effect without the conflicting provision, and M this end the provisions of the Mortgage and the Note are declared io be severable. 16. Borrower's Copy. Borrawer shall he furnished a conformed ropy of this _liortgagr at the time of execu- tion or after recordation. hereof. 17. Transfer of the Property; Assumption. If all or any part of the Property or ar, interest therein is sold or transferred by Borrower without Lender's prior +vrittet consent, excluding (al the creation of a lien oe encum- brance subordinate to this \tattgage, (bl the creation of a purchase money security interest for household appli- antes; ic) a transfer by devise, descent or by operatian of law ulwn the death of a joint. tenant or (di the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare ,all the sums secured by this Mortgage to ire unmediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred read} agreement in writing that the credit of such person is satisfact.orv to Lender and that the interest payable on the. sums secured by this Mortgage shall be at such t.ate as Lender shalt request. If Lender has waived the option to accelerate provided in ibis paragraph 1 i and if Bon•ot+•er's successor in interest ha; executed a writ- ten assumption agreement accepted in writing 6y bender, Lender shall release Borrower from all obligations under this :Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall ~usil Borrower notice of acceleration in accoxdance +yith paragraph 14 hereof. such police shall provide a period of not less tlrart 3U days from the date the notice is mailed within which Borrower may pay the smtrs declared clue. li Borran°er fails to pay such sums prior to the expiration of such period. i.c°nder may, ++'itt-iout further notice ar demand on Borrower. invoke any remedies per- mitted by paragraph IS hereof. :z c,}-I`a-t.aR-~t i_`ttv.~;y,+;;xs. Rnt•rawet• noel bender turtltet' covenant anti agree a foiknt•s: 19. Acceleration; Remedies. Except as lu•atide~l in latragruph i i hereof, upon Borrower's hreaGh oI any covenant or agreement of Borrower- in :his \~Im•tgagc, inriutling the covenants to pay when due any sums scoured by this \iartgage, Lendrr Friar to acceleration shall uuril pollee to Borrower as provided in l~,;u•agruph 14 hereof speeif}•ing: ill the breach. I`ll the notion requirnd to cure such breach; i31 a date, nai Its, than. thirty days iron the Mate the notice i~ totaled to Borrotvcr. b.• which such breach roust be dined, and r41 that failum to cure such hrrach on ar I,tefore the date specified ht thv notice may result in acceleration of the amps seeu~•ed 6v this Mortgage trod sale of the Property. It the breach is not cured an or before the date speeifieci in the notice. Lender at Lender's option tnav declare all of the sums secured by this Jlortgagc to be immediatelc due and payable without further deruxnd and may foreclose this \Iortgagc~ h}• judicial proceeding. Lender shall be entitlcvl to calieci itt such prac•eadirg ;t,; =~xpenscs of foreclostrx•, including, but pat limited to, costs o! docamentnry e+'iclenre, sbsWttcts and t.itlc reltoris. I9, $orrower's Right to Rsie>glate. 1ot+vithsutnding Lender'. acceleration of the sums secured hg this h{ortgage, Borrower shall have the right to have any proceedings begun by hc•n+{e•r to enterer this ~Ioctgage dis- continued at any time prior to etttry of a judgment enforcing this ~+Iortgage if: ia+ Borrower pays i.ender all sums which would he then due tinder this ~lortgat;r, the tote and notes securing 1•'utan• Ad+•anres, if any, had no seceleration occurred; th) Borrower liners all breathe:; of any other cayenartts ar agrcrment~ of Harrower cart- tained in t.his'iiortgage; fcl Borrawer pays all reasonable expa•rtsr.+ incurred by Lendrr ht enforcing the covrnant_. and agreements of Borrower contained in this \lnrtgage and iu enforcing l.cnder's rente,iies as provided in para- graph 18 hereof, including, but not limited to, reasonable attorney's fees: and tdi Horrewcr takes such action as Lander may reasonably require to assure that the lien of this ~Iartgagc. Lender's interest in the Property and Borrower's obligation to pay the sums secured by t-his \lortgage .hall continue unimpaired. Upon such payment -and cure by $orrower, this A4ortgage and the obligations seeurect hereby shalt remain in full force and effect as if no acceleration had occurred. 20. Assignment of Beata; Appoint•.oeat of .Receiver; Lender .ira Possession. As additional security hcre- undgr, Borrower hereby assigns to Lender the rants of the Property, provided that. Borrower shall, prior to acceler- ation under paragraph I8 hereof or abandonment of the Property, have the right to collect and retain each rents as they become due and payable. Tlpon acceleration under paragraph I$ hereof ar abandonment of the Yroper•iy. Lender, in person, by agent or by judicially appointed receiver shall 1=e entitled to enter upon, take possession of and u:anxge the Property and to collect the rents of the Property, including those past due, all rents raflrctrd by Lender or the receiver shall br applied first to payment of the cast3 cf ntanagetnent of the Property noel collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and rrasonuhle attorney's fr«~ .and then to the sum, secured by this Viortgage. Lender and the receiver shall hr liable to account ooh- for those rents actually received.