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HomeMy WebLinkAbout1540 1 , 9 Additlonal Docunknts. At au Umes th~s Mortgage ~s ~n effect, upon Mortgagee's request, Mortgagor shali make. execute and dehver a cause to be made, executed and det~vered to Mortgagee and, whera appropnate. shali cause to be recorded or hled and thereafter to be re-re:orded or ~etded at such bme and such ptaces as shall be deemed des~rable by Murtgagee any and al1 such further mortgages, ~nstruments ot funner assurance, cert~t~cates and other documents as Mortgagee may cor.s~der necessary or ries+rable in order ro effectuate, complete, enlarge, perfect, or to conUnue and preserve the obl~gations ot Mortgagor under the Note and th~s Mortgage and all other mstruments secur~ng the Note, and the I~en d th~s Mortgage as a f~rst and pr~or I~en upon all the Mortgaged Property. Upon any faiiure by Mortgagor to do so. Mortgagee may make, execute, record, t~le, re-record, or relde any and alt such mortgages, instrumenis, cert~f?cates and documents (or and ~n the name d Mortgagor. Mortgagor hereby ~rre+rocaWy appomts Mortgagee agent and attomey-~n-tact of Mortgagor to do all th~ngs necessary to etfecluate or assure compl~ance wrth th~s paragraph. 10. Ev~en! of Default. Any one oi the idlow~ng shall consutute an event of default: (a) Faiture by Mortgagor to pay, as and when due and payaWe, any ~nstaUments of pnncipal or ~nterest due under the Note, or arry depos~ts for taxes and assessments or ~nsurance premiums due hereunder, or any other sums to be pa~d by Mortgagor hereunder or urder any other instrument secunng the Note. (b) Fa+~ure by Mortgagor to duly keep, perform and observe any other covenant, conditson or agreement ~n the Note, th~s Mortgage, any other ~nstrument secunng the Note or a~y other instrument collateral to the Note or executed ~n connect~on w~th the sums secured hereby tor a period af 10 days after Mortgagee g~ves wntten notice specrfy~ng the breach. (c) If erther Mortgagor or any guarantor or endorser d the Note: (i) files a voluntary peUUon ~n bankruptcy, p~) is adjud~cated a bankrupt or insolvent; or (ia+) files arry pet+tion ar ansMer seeWng or acqwescing m any rewganizatron, management, corr~pos~Lon. read~ustment, liquidation, d~s.SOlutiqn or s,mdar rel~ef for ttself under arry !aw relaUng to bankruptcy, insolvency or other retief for debtors, or (~v) seeks a consents to or acqu~esces in the appantment of any trustee, rece+ver, master or liquidator d ~tself or of all or any substant~al part of the Mortgaged Property or of any or all d the rents, revenues, issues, earnings, profits or ~ncome thereof, or (v) makes any general assignment for the benefit d cred~tors, or (vi) makes any admiss~on m wnting ot ~ts ~nab+fity to pay rts debts generalty as they become due; or (vi) a court of competent jurisd~ction enters an order, ~udgment or decree approv~ng a pet~t~on filed aga~nst Mortgagor or any guarantor ar endorser d the Note, seeking any reorgarnzation. arrangement, compos~Uon, readjustment, liquida6on, d+ssolution or s~m~lar rel~ef under any present or future tederal, state, or other statute, !aw or reguMat,on relating to bankruptcy. ~nsolvency or other rel~et tor debtors, which order, judgment or decree rema~ns unvacated and unstayed ior an aggregate oi `sixiy (60) days whether or not consecutive irom the date oi entry thereof; or (w~i) any trustee, rece~ver or liquidator of Mortgagor of all or any substant~al paR of the Mortgaged Property or of arry or all of the rents, revenues, ~ssues, eammgs, prd~ts or mcome thereof, ~s appointed w~thout the prior wr+tten consent of Morigage~ wh~ch aopantment shall remam unvacated and unstayed for an aggregaie of s~xty (60) days whether or not consecuUve. (d) Any breach of any warranty or matena~ untruth oi any representat~on of Mortgagor conta~ned ~n the Note. th~s Mortgage or any other ~nstrument securing the Note. (e) 7he occurre+~ce of any default under the terms of any mortgage or other secunry instrument which creates a I~en or oiher security ~nterest on or m the Mortgaged Property. t1. Acceleratlon. If an event of default shaA have occurred. Mortgagee may declare the outstand~ng pnnc~pal amount ot the Note and the ~nterest accrued thereon, and all other sums secured hereby, to be due and payable immediately. Upon such dectaration such princ~pal and ~nterest and other sums shall ~mmediately be due and payable v~nthout demand or no6ce. 12. Remedles afte~ Detauit. Upan an event of default, Mortgagee may proceed by suii or swts at law w m equRy or by arry other appropnate proceed~ng or remedy to: (a) enforce payment d the Note or the performance of any term hereo! or any oiher right; (b} foreclose ih~s Mortgage and to sell, as an ent~rety or in separate lots or parcels, the Mortgaged Property under the judgmeni or decree of a court or courts of competent junsd~ction; (c) collect all rents, issues, prof~is, revenue, income and other benef~ts from the Mortgaged Property; (d) appoint a rece+ver to enter upon and take possession of the Mortgaged Property and to collect all rents, issues, profits, revenue, income, and other benefits thereot and appiy the same as a court may d~rect and such receiver shall have aii nghts and pawers permitted under faw; and (ej pursue any other remedy ava~lable to it ~nc?ud~ng, but not lim~ted to takmg possess+on d the Mortgaged Property without notice or hearing to Mortgagor. Mortgagee shafl take action either by such proceed~ngs or by the exerc~se of its power with respect to entry or takmg possesian, or boih, as Mortgagee may determ!ne. 13. No Walver. No delay or omiss~on of Mortgagee or of any holder of the Note to exerc~se any right, power or remedy accruing upon any event of default shall exhaust or Impair any such right, pov,rer or remedy or shall be construed to waive i any event of defauli or to consUtute acquiesence therein. ; 14. Non-Exclusive Remedfes. No nght, power or remedy conferred upon or reserved to Mortgagee by the Note, th~s P Ylortgage or any othe~ instrument securing the Note ~s exclus~ve of arry other right, power or remedy, but each and every f such nght, power and remedy shafl be cumutative and cancurrent and shall be +n adclition to any other nghi, pa~+er and remedy f g~ven hereunder or unde~ the Note or any other instrument securing the Note, naw or hereafter existing at law, m equiry or s by statute. K t5. Successors and Asslgns Bound. Whenever one of the parties hereto ~s named or reterred to herein, ihe heirs, ~ successors and assigns o# such party shall be included and all covenants arxf agreements conta~ned in this Mortgage, by g or on behali d Mortgagor or Mortgagee, shall bind and inure to the bene(its d the+r respective heirs, successors and assigns, ~ whether or not so expressed. ~ 16. Mlscellaneous. In the event that any d the covenants, agreements, terms or prav~sions contained ~n the Note, th~s a ~ MoRgage or arry other instrument securing the Note shall be invalld, ~flega( or uneniorceable in any respeJt, the validsty of the remaining co~~enants, ag~eements, terms or provi;ions containecf herein and in the Note and arry other instrumeni securing the Note shall be in no way affected, prejudiced or disturbed thereby. 17. Attomey's Fees. The term "attorney's fees~' as used in th~s Mortgage +ncludes any and ail lega! fees of whatever nature includ+ng, but not iimited to, fees resulting lrom arry appeal d any mteriocutory arder or final judgment or any other appellate proceetiing arising out of arry I~t~gation. 18. Futun Advsnces~. This Mortgage is given to secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or are to be made at the option d Nlortgagee, or otherw~se, as are made within fitteen years from the date hered, to the same extent as if such future advances were made on the date of the execution of this Mortgage. The total acrsount d indebtedness that may be so secured may decrease pr increase from time to time, but the total unpaid ba(ance so seCUred at one time shaN not exceed iwice the face amount d ihe Note, plus interest thereon, and any disbursements made ior the payment d taxes, lev,es or insurance on the Mortgaged Property, with interest on such ` disbursements at the Delauft Rate, as hereatter defined. 19. ObN~atfon of Mort~a~or. Mqrtgagor shail pay the cost d releasing or satisfy~ng this Mortgage d record. ~ ~ ~ gQaK~7~•~~F1540 - . _ _ . . - . .~~:-%..-s. 3r'b.~: FrA~-` »x?;:.-'~+ ~.~-:~'~v .~.ss~«rza -.....~~x.~.._~