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Home My WebLink About0683 9 Additbna! Documents. At a~i t~mes th,s Mortgaqe ~s ~n etfect, t,pon Mortgagee's request, MoRgagor sha11 make, execute and dei~ver or cause to be made. executed an;i det~vered to Mortgagee and, where appropnate, shall cause to be recorded or f~ied and thereafter ro be re-recorded or ret~led at such t~me and ~n such places as shail be deemed des~rabte by Mortgagee any and aii such further mortgages. mstruments of furtner assurance. ceruhcates and other documents as Mortgagee rreay cons~der necessary or des,rable ~n order to eHectuate, complete, enlarge, perlect, or ro cont~nue and preserve the obl+gat~ons ~ o~ Mortgagor under the Note and th~s Mortgage and ail other ~nstruments secunng the Note, and the lien d this Mortgage as a t~rst and pnor I~en upon ati tre Mortgaged Property. Upon any (a~iure by Mortgagor to do so, Mortgagee may make, execute. record, f~le, re-record, or ref+te any and all such mortgages, ~nstruments, cert~f~cates and documents for and ~n the name ot Mortgagoc Mortgagor hereby ~rrevocabty appants Mortgagee agent and attorn~r-~n-tact of Mortgagor to do aN th~ngs necessary to effectuate or assure compl~ance wdh th~s paragraph. 10 Event of Default. Any one ot the tollowmg shall const~tute an event d defautt. (a) Fadure by Mortgagor to pay, as and when due and payable, any ~nstallments d pnnc~pal or ~nterest d~e under the Note, or any depos~ts !or taxes and assessments or ~nsurance prem~ums due hereunder, or arry other sums to be pa~d by Mortgagor hereunder or under any other ~nstrument secu~~ng the Note. (b) Fa~iure by Mortgagor to duly keep, perform and observe any other covenant, cond~t~on or agreement ~n the Note, th~s Mortgage, any other instrument secunng the Note or any other ~nstrument collateral to the Note or executed m connect~on w~th the sums secured hereby for a penod ot 10 days atter Mortgagee g~ves wr~tten not~ce spec~fymg the breach. (c) If e~the? Mortgagor or any guarantor or endorser d th~ Note: f~les a voluntary petdion in barkruptcy. (u) ~s ad~ud~cated a bankrupt or ~nsolvent; or (ii~) f~les any pet+t~on or answer seebng a acqwescmg ~n any reorgarnzat~on, management, compc~s+?~on, read~ustment, hqwdaUOn, d~ssoluUon or s~mdar r~hef (or ~tself unde~ any law re+at~ng to bankruptcy, msolvency or other re~~e1 for debtors. or (~v) seeks or consents to or acqwesces ~n the appomtment of any trustee, rece~ver, master or 6quidator of dseif or of all or any substant~a! part ot the Mortgaged Property or of any or all o( the ren!s, revenues, ~ssues, earn~ngs, prot~ts or ~ncome thereof, or (v) makes any general ass+gnment for the benef~t ot cred~tors, or (w) makes any adm~ss,on m wnfmg of ~ts ~nab~t+ty to pay ~ts debts genesa~ty as they become due: or (vh) a court of competent ~unsd~ct~on enters an order, judgment or decree approv~ng a pet~Uon filed aga~nsi Mortgagor or any guarantor or endorser ot the Note, seek~ng any reorgarnzation. arrangement, compos~Uon, read~ustment, hqwdat~on, dissolution or s,mdar reiief under any present or future federal, state, or other statu!e, law or regulaUon reiatmg to bankruptcy, ~nsolvency or other rel~ef for debtors, whlch order, ~udgment or decree rema~ns unvacate~ and unstayed tor an aggregate of's~xEy (60) days whether or n~t consecuUve from the date of entry thereof: or (v~+~) any trustee, rece~ver or f~qu~dator oi Mortgagar of all or any substant~ai part of the Mortgaged Property or oi any or all of the rents, revenues, ~ssues. eam~ngs, prof~ts or ;ncame theseof. +s appanted vrrthout the prior wntten consent of Mortgagee. wh~ch appo~ntment shall rema~n unvacated and unstayed 1or an aggregate ot s~xty (60) days whether or not consecubve (d) Any breach of any warranty or matenal untruth of any represeniat~on of Mortgago{ conta+ned in the Note. this Mortgage or any other instrument seCUnng the Note (e) The occ~rrence of any defauit under the ierms of any mortgage or o?her secunty ~nstrument wh~ch creates a I~en or other secunty ~nterest on or ~n the Mortgaged Property. 11. Acceleration. If an event of defauit sha!I have occurred. Mortgagee may deciare the outstand~ng princ~pal amount of the Note and the ~nterest accrued thereon, and all other sums secured hereby, to be due and payabie ~mmed~ateiy. Upon such declaration such p~~nc~pal a~d ~nterest and other sums shafl immed~ately be due and payabie unthout demand or notice. 12. Remedies after Defautt. Upon an event af default, Mortgagee may proceed by suit or suits at law or ~n eguity or by any other appropr~ate proceed~ng or remedy to: (a) enforce payment of the Note or the performance of any term hereof `I or any other nght; (b) foreclose this Mortgage and to seli, as an ent~rety or ~n separate lots or parcels, the Mortgaged Property ! ~nder the ~udgment or decree of a court or courts ot competent jurisdict~on; (c) cal~;t all rents, issues, proi~ts, revenue, income and other benet~ts from the Martgaged Property: (d) appaint a receiver to enter upon and take possess~on oi the Mortgaged ~ Property and to collect ali rents, ~ssues, profits, revenue. income. and other benet~ts thereot and apply the same as a court ~ may d~rect and such rece~ver shall have ali nghts and powers permitted under law; and (e) pursue any other remedy available ; to ~t inctud~ng, but noi i~m~ted to takmg possess~on oi the Mortgaged Property ~nnthout not~ce or heanng to Mortgagoc Mortgagee f shaii take act~on e~iher by such proceed~ngs or by the exerc~se oi ~ts power with respeCt to entry or tak~ng possesion, or both. ~ as Mortgagee may determme. ~3 No Waiver. iVo delay or om~ss:on oi Mortgagee or ot any holder of the Note to exerc~se any nght, power or remedy ~ accru~ng upon any event of defautt shall exhaust or impa~r any 5uch right, power or remedy er shall be conStrued to wa~ve ; any event c~ defau~t or to consUtute acq~~esence there~n. ia Non-Exclusive Remedfes. No nght. power or remedy conferred upon or reserved to Mortg~gee by the Noie, th~s Mortgage or a~~y other instrumeni securing the Note is excius~ve of a~y other nght, pawer or remedy, but each and every such nght, pawer and remedy shall be cumulative and concurrent and shai{ be in addition to any other right, power and remedy € 5~ven hereunder or under the Note or any other instrument securing the Note, now or hereafter existing at law, in eqwty or ~ by :~3tute. 15 Successors and Asslgns Bound. Whenever one of the part~es hereto ~s named or referred to herein, ihe he~rs. ~ successars and ass~gns of such party shaH be included and ai1 co~~enants and agreements contained in this Mortgage, by or on behalf of Mortgagor or Mo~tgagee, shaA b~nd and inure to the benef~ts ot their respecUve he~rs, successors and assigns. ~ whether or not so expressed. ~ 16. Miscsllaneous. In the event that arry of the covenants, agreements, terms or prrnisions contained in the Noie, this ~ Mortgage or arry other instrument secunng the N~te shall be inval~d, iilegal or unenforceable ~n arry respect, the valid~ty of the rema~n+ng covenants, agreements, terms or provisions conta~ned here~n and in the Note and arry other mstrument secunng the Note shaf! be m no way affec;ed, prejud~ced or d~sturbed thereby. , 17 Attome~y`s Faes. The term "attorney's fees" as used in th~s Mortgage mcludes any and all legal fees d whatever nature ~nclud~ng, but not {im~ted to, fees result~ng from arry appeal of arry interlocutory o?der or final judgment ar arry other appeilate proceeding ansing out of any litigation. 18. Futut~e Advancas. Th+s MoRgage ~s g+ven to secure not only existing indebtedness, but also such future advances, whether such advances are obl~gatory or are to be made at the option of t,Aortgagee, or otherwise, as are made with~n f~fleen years (rom the date hereof, to the same e~ent as ~f such future advances were made on the date d the execut~on of this ~ Mortgage. The total amount of indebtedness that ma~ be so secured may decrease or ~ncrease from time to time, but the ~ total unpa~cS balance so secured at one time shall not exceed trnnce the face amount of the Note, plus interest thereon, and ~ arry d~sbursemer?ts made for the payment d taxes, le~rnes or ~nsurance on the MoRgaged Property, with intere~t on such ~ ~~sbursements at tY~e Default Rate, as hereafter detined. ~ t9. ObNg~tbn of Mort~a~o~ Mortgagor shall pay ttre cost of re4easing or satisfy~ng th~s Mortgage d record. ~ ' =s . • • ~ . = eooK 6~~ PACE ; " ~ ~ _