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Home My WebLink About0973 . 9~ l~dditlonal Dooum~nb. At all times th~Matgage is in e~ed, upon Mortgayee's ~equ~t. Mortgagor shaN make~ eocecute ar~ deliver or cause to be mades executed and deli~rered to Mortgagee and, where appropriate~ stk:.y cause to be recorded or filed and there~ter to be re~recorded or refded at such Ume and in such ptaces as shall be deemed desirable by Mo?tgagee arrj srxi aN s~ch futther martgages, ir~sttuments d further assuranc~ certiTicates and othe~ doc:umeMs as Maigagee maY consider nec~ary or desirable in order to eHectuate~ complete~ enlarge, pettect~ or to continue and presenre the obliga~a~s d Matgagor under the Ag~eement and this Mortgafle and aM othet i~tnm?ents secx~ring the Agreement. end ihe lien d~is Matgage as a first and ptior lien upon all the Mortgaged Property. Upon any fa~lure by Mortgagor to do so, INortgagee maY mak~e, execut~ record, fi1e, re-record, a ~efile any and all such mortga~ instruments, certificates and documents for and in the name d Mortgagoc Mortgagor hereby irrevocably appoints Mortgagee agent and altaney-in-fact d IuS~tgagor to do all things nec~sary to eHectuste or assure compliar~ce with this paragtaph• 1Q Ewnt ot DNsuR. My one d the tdlowing shall constitute an ev~ent d detaun: (~j Faiiure by Mortgagor to pay, as and when due any payable; any instaNments d Principal or interest due under the AAreemeM, or any deposits tor taxes and assessments ar insuranoe premiums due hereund~ !?r any other sums to be paid by Mortgagor hereunder w under arry other instrumeM securing the Agreement. (b) Failure by Mortgagot to duly keeps pe?iorm and o~e anY other cavenant, condidon ot agreement in the Agreement, this Mortgag~ any other instrument securing the A9reemeM or any other instrument cdlateral to the Agreement o~ executsd in connecdon with the sums secured hereby for a period d 10 days after Mort9a9ee 9iv~s written nofice specifying the breach. (c) If either Mortgagor ot 2~ny gusraMor or endorser d the Agreemenh n files a vduntary petition in bankruptcy, is adjud~ated a bankrupt a insotuer~; or (7 fdes ary peti6on or ansvu~ 5eeking or aoquiesang in ary reorganizffiion. management. composition. readjusiment. liquidation. dissolution or similar relief ior itsetf under arry law relating to bankruptcy, insolvency or other reliet tor debtors, or (v) see U or consents to or aoq~eiesces in the appointment of any wste~ ~eceiver. master or liquidator of itselF or d ali ~x any substanti~l part of the Mottgaged Property or d any or all d the rents, re~ues, issues, . earnings, profits or inCOme the~eof. or (V) makes arry general assigrxnent tor the benefit d creditors, or (h~ makss ary sdmission in writing d its inability to pay its debts generally as they become due: or (vi) a couR d canpetent jurisdiction enters an order. judgment or decree appraving a peti6on filed against Mortgagor or an~? 9uarantor or endorser of the A~reernent. s~eeking arry rewganization. arrangement. compos~on, readjustrnent liquidation. ~ssdution ot similar relie( under any pteseM or tuture teder~. stat~ or o~ smtute~ law or regulation relaUng to bankruplcy, insoMency ot oNter rel'ref for debtas, which orde~ lud~r~ent or decree remains unvacated and unstayad for an aggregate of sixtY (60) days whether or not cor~secu6v~e from the date d entry thereoF; or (vii) any truste~ receiver or liquidator d Matgagot d all or any substanbai part of the Mortgaged Property ot vtbpy Qt aH d the rents. ~evenues, issues, earnings, profits or income thereof, is appointed without the prior wrilten consent d Slu1ortgagee, which appoinUnent shail remain urnracated and unstayed for an aggregate d sixty (60) days whether or not consecutive ~ (d} Any breach of any warranty or material untruth N any representation d Mo~tgagor contained in the Agreement, this Mortgage or arry other instrument securing ihe Agreement. (e) The occurrence d any defauft under the terms d any mo~tgage or other security instrument which creates a lien or - . other security interest on or in the Mortgaged Property. 11. AcCelerstlon. If an e~rent of d~ault shalt have occurred, Mortgagee may declare the outstanding princ~pa~ amount d the Agreernent and ihe interest accrued thereon, and atl other sums secured he~eby, to be due and payabte immediately. Upon such dedaration such principal and interest and other sums shall immedately be due and payable without demand or notice. 12. Remadles atter Default. Upon an ever?t of defauft, Mortga9ee maY P~~ ~'Y suit or suits at law or in equity or by any other aPP~~te P~~~~9 or remedy to: (a) eNorce payment d the Agreement or the performance d any term ' hered or arry other right (b) foredose this Mortgage and to sell, as an enbrety or in separate lots or parcels, the Mortgaged i P~operty under the judgment or decree d a court or courts of competeM juriscGctior?; (c) cdlect aN rents, issues, profits, rev~enu~ i ir~come and othet benefits from the Mortgaged Property; appoint a receiver to er~ter upon and take pos~on d the ~ . Mortgaged Property and to collect a!I rents, issues, profits, revenu~ incom~ and other ber~:fits thered and apply the same as a caurt may direct and such receiver shall ha~re atl rights and powers permitted under law; and (e) pursue any other remedy ` awailable to it induding, but not limited to taking possession of the Mortgaged Property without notice or hearing to Mortgagor. Mortgagee shall tak~e action either by such proceedings or by the exercise d its pawer v~th respect to er~try or taking possesion, or both, as Mortgagee may determina 13. No Mhiva: No delay or omission d Mortgagee a d any holder d the Agreement to ezercise any right, power or remedy accruing upon arry e~rent d delault shaN exhaust w impair any such right, power or remedy or shail be construed to waiv~e any ev~ent d delault or to cor~stitute acquiesence therein. 14. NoME~cClusivs Renledles. No right, power Ot remedy cbnferred upon or resetved to Mortgagee by the Agreement. this Mortgage or any other insirument securing the Agreement is e~aclusive d any oths~ right, power or remedy, but eac~ and Crsry such right, power and remedyr shail be cumulative and concurrerd and shall be in addition to ery other right, po~w8r and remeciX give~ heraunder or uncier the A~eement or any othe~ ir~sWment secx~ring the Agreement, now or hereatter e~os6ng at law, in equity or by statute: 15. guacessors snd Assl~ns Bour~d. VYher~ever one d the parties here~o is named or re(erred to herein, the heirs, successors and assigns d such party shaA be included and alf cov8nants and agreernents contair~ed in this Mortgage, by ' or on behalf d Mortgagor or Mortgagee, shall bind and inure to the benefits d their respectiv~e h~rs, suocessors and assigrss. whether or rmt so expressed. 16. Mlsc~llansous. In the ev~eM that any d the cov~enants, agreements, terms or provisioru contaur~ed in the Agreement, this Mortgage or any other insUurr~nt securing the Agreemerrt shall be invalid, iNegal or unenforceable in any respect, the validity d the ~emaining cotirenants. a9rsements. terms or prarisions contained herein and in~the Agreement end any other instrument securing the A~~eement shaN be in no way ~fected. Prejud~ced or di~urbed theteby. 17. Attc?rney's Fies. The tetm "attorr?sy's tea.s" as used in this Matgage inGurles arry and a8 legal fees d whate~rer nature indud~ng, but not limited ta (ees resulting irom any appeal d arry interlocutory order or finad judgment or any other appetlate proceeJng arising out d any litigation. M pev9an ~oorr ~re oOedMa tw22t R~v Nav 86 (08~7) . s . ~ . aooK 543 966 ~'_=s i . - . . . _ . . - - - - ,p~.=-