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Home My WebLink About2869 i- - ~ - ! t i s ob6- 1T. It default be made in payment. when due, of any indebtedness secured hereby. or in the performance of any of Alortgagor' . cations, tovenallla or agreements hereunder: (a) Mortgagee >a authorised at an time, without notice, in its sob discretion. to enter upon and take poeseesion of the premises or I any part thereat, to perform any acts Mortgagee deems necessary or proper to mnsuve the eecunty and to collect and receive all rents, issues and profits thereof, including those past due as well as those accnung thercaiter, and (b) `lortgagee shall be entitled, as s matter of strict right and without regard to the value or occu ncy et tl•~ security, to have a ~vmay dlrec~such nreceive~r W have all t to and powers perm fed under the laws o[ 61on'ds.~ m and apply the same as the ~ In either ouch ease Iltortgagee or the receiver may also take poseeasion of, and for these purposes use, any and all personal property .~ntained in the premises and used by Moctga~or in the rental or IeasinR thereof or any part thereof. The expense (including r+ecelver's fees, ~ counsel tees, casts and agent's compensatlon) ,scarred pursuant to the powers herein eontalned shall be secured hereby. ltlortgsgee shall (after payment of all oasts and expenses incurred) apply such rents, issues and profits received by it on the indebtedness secured hereby 1n such osier as 111ortgsgea determines. The right to solo and take poeseaslon ot~l propermty~ii~ ~aKey o~°~ nR6 0~ r~emeeily here- collect the rents. issues and profits thera~t, whether by a receiver or otherwlse, be ~ be beb~ ~ account i under or afforded by law, and may be exercised rnncurrently therewiW or independently thereof. Mortgagee only [or such renSs,lseues and Profits actually received by 11~ortgagce. 18. Without aftecti the liability of Mortgagor or any other person (except any person expres4ly released 1n `"Tltrng) [or payment of any indebtedness secllred~ereby or for the performance of any obligation ~ rtlme endd from time to tie, either 5etore or aitecer with respect to any security noC expressly teleaeeci ,n writirle, Mortgagee y, Y the maturity o[ said note, and without notice or consent: (a) Release any person liable for payment of all or any part of the indebtedness or for performance of any obligation. ; (b) 1ltake any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness, or modifying or waiv,ng any obligation, or subonluvtting, modifying or otherwlse dealing with the lien or charge hereof. (c) Exercise or retrain from exercwing or waive any right 11lortgagee may have. (d) Accept additional security of any kind. (e) Release or otherwise deal with any property, real or personal, aecunng the indebtednea~, including all or any part of the mortgaged Premises. _ 19. If the indebtedness secured hereby is now or hereof ter further secured by chattel mortgages. pledges. contracts of gl,aranty, assign- ments or lessee, or other securities, or if the premises hereby encumbered consist of more than one parcel, ~lmor~ a h~ro~currently or exhaust soy one or mire of said securities and the security hereunder, or such parcels of the mortgaged p . independently, and in such enter ss it may determine. - 20. Notwithstanding any provision herein, or in the note secured hereby, or in any other instrument now or hereafter seeuri Ig b e note, the total liability of Mortgagor for payments in the nature of interest shall not exceed the limits now permitted by the app - State law. 21. Any artreement herea[ter made by 1liortgagor and I?iortgsgee pursuant to this mortgage shall be superior to the rights of the holder o[ any intervening lien. charge or encumbrance. . 22. No delay by \iortgagee in exercising any right or remedy hereunder, or otherwise afforded by law,ahall operate as awaiver thereof or preclude the exercise thereof dunng the continuance of any default hereunder. No waiver by 1lfortgagee of any default shall constitute a waiver of or consent to wh~herehte emaor b law inferred, and may be enforced o acmurrentgly tsherewithc and~ePecificf enumerat on shall or remedy of Mortgagee, Y not exclude the general. 23 The covenants and agreements herein contained shall bind and the benefits and advsntiges shall irlute to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Wherever used, the singular nummberte arld undertakings shall be plural the singular, and the use of any gender shall be applicable to all genders- All covenants. agree lolnt and several. 24. 1lfortgagor hereby waives all right of homestead exemption in and to the pmoerty covered by this mortgage. 25. The unenforceability or invalidity of any one or more provisions, clauses, sentences and/or paragraphs of this mortgage shall not render any other provisions, clauses, sentences and/or pars;raphs hereto contained unenforoesble or 1nvaLd. - S 26. The money herein secured is to be disbursed in accordance with the terms of a construction loan agreement of even date herewith, which is hereby incorporated herein and made a patrt of this instrument. A breach or default in the performance. of any pro- vision or obligation contained in said agreement shall constitute a default and breach of this instrument and at the option of the holder of the note secured hereby, all unpaid indebtedness secured hereby shall, notwithstanding anything in the note or { elsewhere herein to the contrary, become due and payable immediately. t ~ - ~ - i . ; IN WITNESS WHEREOF, the said Mortgagor has set his band and seal the day and Year first above written. 4 ~ - 1 EAL) and De~ in the presence oL• - - , RONAIa C . IC(TrSCHINSKI , TRUSTEE 4 1 dug and Indivi . iiy C (EAL) - - i ~ ~ - y . . _ _ S L Q ~ ~Y ~ t