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HomeMy WebLinkAbout0999 i ~ 2) Fallurs oi Borrows~ to Comply wlth Mortfla~e. ShOUId BO~fOw6r 18i1 t0 maKe any pay~~~n~~ti ~a _ , r.~ortgage, or fail to perform any obligation secured by this Mortgage, or do any aCt Borrower 8greed not t~o do, BOrrower s~ail ba In defaull under this Mortgage. Lendet, but without obligaUon so to do and without notlce to or demand upon BorrOwer and without telteasing Borrower (~om any obligation hereof, and without contesting the valicJity or amount of the same, may. (a) pay or do the same in such mannor and to suCh extent as it may deem necessary to protect the secu~ity hereof, Lender being authurized to enter upon such property for such purposes; (b) pay, purchase, contest or compromise any encumbrance, charge or lien, which in its Judgment i3 or appears to be prior or superior i;ereto; a~d (c) in exercising any such power, pay necessary expenses inciuding but not limited to reasonable attorneys fees So?rower agrees to repay any amount so expended on demand ot lentier. j13) Sums Advanced to Bear Inte~est and To Be Added to Mottgage. To pay immadiafely upon demand any sums advanced or paid by Lender under any ctause or provision of Ihis Mortgage. Any suCh sum, until so repaid, shall be secured hereby and bear interest trom the date it was advanced or paid at tha same interest rate, as may be adjusted from time to lime, as such indobtedness, and such sum and intere~t theteon shall be SeCUred by this Mortgage. (14) Appiication Of Funds. Lende? shall have the right at its sole discretion to direct ihe manner in which payments or proceeds shaii be applied upon or allocated among the various items constituting Borrowers indebtedness or obligations secured he?eby. (15) Obligatlon of gorrower Joint a~d Several. If more than onf. pe~son is named as Borrower, each obliyation ot Borrower shaii be the joint and several obtigation of each such pe~son. { 16) No Waiver by Lender. No waiver by Lender ot any right under this Mortgage shail be eftective unless in writing. Waiver by Lender of any righi granted to Lender ~nder this MoRgage or of any provision oi thls Mortgage as to any transaction or occurrence shall not be deemed a waiver ag to any fuiure transaction or occurrence. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Borrower that Borrower was obtigated hereunder, but fr~iled to make or pe~form, or by adding ariy paymenl so made by Lender to the indebtedness secured hereby, Lender does not waive its right to require prompt payment when due of all other sums so secured or to require prompt periormance of all other acts required hereunder, or to deciare a default for failure so to pay such other sums or to parform such other acta (17) Transferoi the Property; Aasumptton. Acceleration Clauas: Right of Lenderto Declare All Suma Due on anyTranater, Etc. Lertder shall have ths right, at its option, to declare any indebtedness and obligations Secured hereby, irrespeCtive oi the maturity date _ specitied in any ~ote or agreement evidencing the same, due and payabte within 30 days atter such declaration ik (a) Borrower or any successor in interest to Borrower of such property sells, enters into a contract of sale, conveys or elianates such property or any part thereof, or sufier~ his title or any interest therein to be divestad whether voluntarily or involuntarily, or leases such property, or any part thereof for a term of more than 3 years, or ~hanges or pe~mits to be changed the characier or use of such property, or drills or extracts or enters into a lease tor the drilling for orextracting o! oil, gas or other hydrocarbon substance or any mineral of any kind or charaCter on such properly, or(b) Borrower is a partnership and the interest oi a general part~er is assigned or transferred; or(c) Borrower i~ a corporation and more than 25% of the corporation stockthereof is sold transferred orassigned during a 12 month period; or~cn Borrower is a trust and there is a ~hange ot beneticial interest ~n+ith respect to more than 25% of such property, or(e) 9orrower has made any material misropresentation or lailed to disclose any material fact in those certain financial and other written representations and disclosures made by Bo~rower in order to induce Lender to enter into the transaction ev':donced by the promissory note or notes or agreements which this Mortgage secures. (18) Accelsratlon; Remedles. Except as provided in paragraph 17 hereoi, upon Borrower's breach ot any covenant or agreement of Borrower in this Mortgage, including 1he cove~ants to paywt~en due any sums secu?ed by this Mortgage, lender prior to acceleration st~all mail notice to Borrower as provided in paragraph 29 hereof specifying: (a) the breach; (b) the action required to cure such breach; (c) a date, not less than 30 days trom the date the notice is mailed to Borrower, by which such breach must be cured; artd(cn that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of lhe property. If the breach is not cured on or before the date specified in the notice, Lender at i.v~ ~v~~s option may declare all of the sums secured by this Mortgage to be immediately due and payabte without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of toreclosure, including, but not ! limited to, reasonable attorneys fees, and costs of documentary evidence, abstracts and title repo~ts. ,.:1 (19) Modlflcation In Wrtting. This Mortgage cannot be changed or moditied except as otherwise provided in this Mortgage or by agreement in writing signed by Borrower, or any s~~cessor in interest to Borrower, and Lende~. (20) Rlghtlo Collect and Recelve Rents and Protits. Upon any default by Bor~ower, in paymenl o( any indebtedness secured hereby or in the performance ot any agreement hereunder or upon abandonment of such property, Lender mayat any time without notice, either in _J person, by agent, or by receiver to be appointed by the court, and wilhout regard to the adequacy a! any security for the indebtedness ~ hereby secured enter upon and take possession ot such prope~ty, or any part thereot; make, cancel, enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue for or otherwise coltect ihe rents, income, issues and profits thereof, including ihose past due and unpaid; and appty the same to payment of costs and expenses of operation and collectio~, including but not limited to 3 receiver's ises, premiums on receivers bonc)s and reasonable attorneys tees, and then to payment of any indebtedness secured hereby ~ an~ in such order as lender may determine; and except for such apptication, Lender shal! not be liable to any person for the collection or non-collection of any rents, income, issues and profits~ nor the tailure to assert or enforce any of the foregoing right& The entering upon and taking possession of such prpperty, the cotlection of such rents, income, issues or profits, lhe doing of other acts herein authorized and the ' application thereof as aforesaid, shall not cure or waive any detault or notice of detault hereunder or invalidate any act done pursuant to such notice. (21) Remedles. No remedy herein provided shall be exclusive of any other remedy herein or now or herea(ter existing by lav~, but shall be cumulative. Every power or remedy hereby given to Lender or to which it may be otherwise entitled may be exercised from time to time and as often as may be deemed sxpedient by it, and it may pursue inconsistent remedies If Lender holds any additional security `or any abligation secured hereby, it may enforce the sale thereof at its option, either before, contemporaneousty with, or atter any Lendets sale is made hereunder, and on any defautt of Borrower, lender may, at its option, oNset against any irtdebtedness owing by it to Borrower, the whole or any part of the sndebtedness secured hereby, and ihe Lender is hereby authorized and empowered at its option, without any obligation so to do, and without affecting the obligations hereot, to apply toward the payment of any indebtedness secured he~eby, any and all sums or money, or credits oi or belonging to Borrower and which the Lender may have in its possession or under ~ts control, inctuding. among other things, any impounds held by Lender under patagraph (6) hereof. In order to assure the definiteness and cehainty of the rights and obligations herein provided, Barrower waives any and all righis ot offset which Borrower now or hereafter may have against Lender, of claims and no atfset made by Lender shall relieve Borrower from paying instaNments on the obligations secured hereby as they become due. ~22) Power of lender. Without afiecting the liability of any person, including Borrower, for the payment of any indebtedness secured I'~ hereby, or the lien oi this mortgage upon any remainderof such property for the fuI! amount ot any indebtedness then or therea(ter secured i hereby, or the rights or powe~s oi ~ender wi±h respect to the remainder of such property (other than any person or property specificaliy I released by Lende~, Lender from time to time, without liability there(or, and without notice to Borrower, may do any one or more of the following: (a) release any additionaf security for the indebtedness secured hereby, (b) extend the time or otherwise alter the terms of ~i payment of such indebtedness; (c) accept additional security, (c~ substitute or release any propertysecuring such indebtedness; (e) consent ~ to the making of any map or plat thereof; join in granting any easement therepn; or(g? join in any extension agreament subordinating or I otherwise affecting the lien or charge hereof. (23) Walver of Statute ot Limltatlone. Time is of the essence as to alI ot Borrowersobligations hereunder, and to the extent permitted ! by law> Borrower waives afi present or future statutes ot limitation writh respect to any debt demand or obligation secured hereby in any action ar proceeding for the puspose of enforcing this tNortgage or any rights or remedies hereunder. (24? Irtspectlon and Bualneas Records. Lender at any time during the continualion of this Mortgage may enter and inspect such property at any reasonabls time. Borrower agrees that in the event that such property is nowort~ereaRer used forcommerc+at or residential income purposes, that whe~ requested by lender, 8orrower will promptly deliver to Lender such certified financial statements and profit and loss statements o~ such t~pes and at such intervals as may be required by Lenderwhich will be in form and content prepared according , !o the generally accepted accounting principles and practices, which sfatements shall cover the financial operations relating to such property, and Borrower further agrees, when requested by Lender, to promptly detiver, in writing, such further additional information as required by Lender relating to any such financial statements. ~ (25) Governing Law: Severebtlfty. The loan secured by this Mortgage is made pursvant to, and shal! be construed and governed by, the laws ot the United 5tates and the rutes and regulations promulgated thereunder, including the federal laws, rules and regulations for tedera! savings and loan associations. If any paragraph, clause or provision of this Mortgage or the note or any other rtotes or oblig~tions secured by this Mortgage is determined by a court of competQnt jurisdiction to be void, +nvalid or uneniorceable, such decision shall affect only those paragraphs, clauses or provisions so determined and shall not at(ect the remalning paragraphs, clauses and provisions of this Mortgage or the note or other nates secured by this Mortgage. (26) Oifsets. No indebtedness secured by this Mortgage shail be otfset or campensated o? shall be deemed to have been ofiset or compensated by ali or part of any claim, cause of action, counterclaim or part of any ctaim, cause of action, counterclaim or crossclaim, whether liquidated or unliqui~ated, which Borrower now or hereafter may have or may claim to have against Lender, end, in respect to the indebtedness now or hereafter secured hereby, Borrower waives to the fuNest extent permitted by law, any and sll rights of aNset which Borrower now or herea(ter may have or claim to have in respect to all or part of the indebtedness secured hereby, and turther waives the benefits or any applicable law, regulation or procedure which provides or substantialfy provides that, where the croas-demands for money have existed between persons at any point in time when neitherdemand was barred bylhe applicable statute of Ilmitations, and gn action is thereafter commenced byone such person, the other person may assert in his answerthe defense of payment in that the iwo demands are compensated so!ar as they equal each other, notwithstanding that an independent action assening his ctaim would at the time ot tiling his answer be barred by the applicable statute of limitatfona ~ (27) Mlsrepresentatlon or Nondlsclosura. Borrower has made csrtain written representetions and diaclosures in order to induce Lender to make the loan evidenced by the note or notes which this Mortgaga securea, a~d in the event that Bor~ower has ?nade any mis- representafion of matarial fact or failed to disclose any material tact, lender, at ita option and wlthout prior notice, shall have th~ right to declare the indebtedness secured by this Mortgage, irrespective of the maturity c~,at~ s~~d in the rLot~ gr notes, immediately due and peyable. 3 of 4 8~01( PACE 7 7C7 . ~ a