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Home My WebLink About2799 9 Additional Documents. At a~l Umes th~s Mort~aye ~s ~n effect. upon Mortgagee's request. t~tortgagor sfsall make. execute and dehver or cause to be made, executed and delwered to Mortgagee and. vrhere appropnate, shali ~ause to be recorded or f~le~ and thereafter to be ; e iecorded or ref~leci at such t~me and ~n such p!aces as shall be deemed des~rable i~y Mortgagee any and all such further mortgages ~nstruments ot furthei assurance, certd~cates and other documents as Mortgagee may cons~der necessary or des~rable ~n order to effectuate, comp!ete, enlarge, perfect, or co contmue and ~reserve the obl~gat~ons ~ of Mortgagor und2r the Note and th~s Mortgage and all other instruments secunng the Note, and the I~en of th~s Mortgage i as a f~rst and pr~or I~en upon ali the Mortgaged Property. Upon any fa~lure by Mortgagor to do so. Mortgagee may make. execute, record, f~le, re-r~;ord, or ref~le any and all such mortgages, mstruments, cert+f~cates and documents for and ~n the name ot Mortgagor. Mortgagor hereby ~rrevocably appants Mortgagee agent and attorney-m-tact d Mortgagor to do all th,ngs necessary to effectuate or assure compl~arx;e w~th th~s paragraph. 10. Event of Defautt. Any one of the follow~ng shall const~tute an event d default: (a) Fa~lure by Mortgagor to pay, as and when due and payabie, any ~nstailments ot princ~pal or mterest due under the NQte, or any depos~ts for taxes and assessments or insu~ance prem~ums due hereundei, or any other sums to be pa~d by MoRgagor hereunder or under any ether mstrument secunng the No2e. (b) Fa~lure by Mortgagor to duty keep, perform and obssrve any other covenant, condit~on or agreement ~n the Note, th~s Mortgage, any other ~nstrument secunng the Note or any other ~nstrument cotlateral to the Ncte or executed m connect~or w~th the sums secured hereby for a penod of 10 days after Mortgagee g~ves wntten not~ce spec~fying the breach. (c) if e~ther Mortgagor or any guarantor or endorser of the Note: O f~les a voluntary pe6UOn m bankruptcy. ~s adjud~cated a bankrupt or ~nsdv~ent; a(~u) files any peUt~on a answer seewng or acqwescmg m arry reorganiz~tion, management, compos,tion, read~ustment, hqwdation, dissoluUon or simdar relief fo, itself under any law relating to bankruptcy, inso!vency or other rel~ef br debtors, or (~v) seeks or ~onsents to or acqwesces ~n the appointment d arry trustee, receiver, master or I~qwdator of ~tself or oi all or any substant~at part of the Mortgaged Property or of any or all of the rents, rev~enues~ isgues, earn~ngs, profits or ~ncome thereof. or (v) makes any generat ass,gnment for the benet~t ot creditors, or (vi) makes any admission in writmg of rts ~nab~ldy to pay ~ts debts general!y as they become due: or (vn) a court of competent jurisdicti~n enters an order, judgment or decree approv~ng a petition f~led aga~nst Mortgagor or any guarantor or endorser d the Note, seeking any reorgarnzat+on, arrangement, compos~UOn, read~ustment, I~qu~dahon, d~ssotuUon or s~m~lar rel~2f under any present or future federal, state, or other statute, law or regulat~on relat~ng to bankruptcy, ~nsolvency or other re~~ef for debtors, which order, judgment or decree rema~ns unvacated and unstayed !or an aggregate of `s~xty (60) days whether or not consecuUve irom the date of eniry thereof: or (w~~) any trustee, rece~ver or t:qu~dator of Mortgagor of all or any substant~al part of the Mortgaged Property or o! any or ail d the rents, revenues, issues, earnings, profits or ~ncome thereot, is appanted without the pnor written consen! d Mortgagee, wh~ch appo~ntment shall rema~n unvacated anci unstayed tor an aggregate of s~xty (60) days whether or not consecuUve (d) Any breach o( any warranty or mater~al untruth of any represeniat~on o( Mortgagor contamed m the Note, th~s hlortgage or any other ~nstrument secunng the Note (e; The occurrence of any default under [he terms of any mortgage or other secunty ~nstrument wh~ch creates a I~en or other secunty ~nterest on or m the Mortgaged Property. t~. Acceleration. li an event ot default shall have occurred. Mortgagee may declare the outstand~ng princ~pal amount of the Note and the ~nterest accrued thereon. and a?I other sums secured hereby, to be due and payable immediatety. Upon such declaraUon such princ~pat and ~nterest and oiher sums shall ~mmediately be due and payable wnthout demand or notice. 12. Remedies after DetauR. Upon an event of detault, Mortgagee may proceed by suit or swts at law or in equity or by any other appropr~ate proceed~ng or remedy to: (a) enforce payment d the Note or the performance of arry term hereof or any other r~ght: (b) foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property under the Judgment or decree of a court or courts of competent jurisdiction; (c) collect all rents, issues, prof~ts, revenue, income ~ and other benef~ts from the MoRgaged Property; (d) appoint a receiver to enter upon and take possession of the Mortgaged ~ ProFerty and to cotlect atl rents, issues, profits, revenue, income, and other benef+ts thereof and apply the same as a court may d~rect and such rece~ve~ shall have all rights and powers permitted under law; and (e) pursue arry other remedy available ~ to d mclud~ng, but not I~m~ted to taking possessio~ of the Mortgaged Property without notice or hearing to Mortgagoc Mortgagee ~ shall ?ake action e+ther by such proceed~ngs or by the exercise of its power with respect to entry or taking possesion, ar both. ~ as Mortgagee may determine. 13 No Waiver. No delay or omission of Mortgagee or of any holder d the Note to exerc~se any right, power or remedy ~ accrumg upon arry event of detault shall exhaust or impafr any such nght,~power or remedy or shall be canstrued to wa~ve ~ any event of default or to constiiute acquiesence there;n. 14. Non-Excluslve Remedies. No right, power ar remedy conferred upon or reserved to Mortgagee by the Note, th~s Mortgage or arry other mstrument secunng the Note ~s exclusive of arnr othe~ right, power or remedy, but each and e~~ery such nght, power and remedy shali be cumulat~ve and concurrent and shall be m addation to arry other right, power and remedy g~ven hereunder or under the Note or any other instrument secunng the Note, now or hereafter exisUng at law, in eqwty or ~ by statute. ~ 15 Successors and Assigns Sound. Whenever one of the part~es hereto is named or relerred to herein, the he~rs, ~ successors and ass~gns of such party sha!I be Included and all covenants and agreernents conta~ned ~n this Mortgage. by or on behatf of Mortgagor or Mortgagee, sha~l b~nd and ~nure to the benefits of their respective he~rs, successors and assigns, • whether or not so expressed. ~ 16. Mlscetlaneous. In the event that ary of the cwenants, agreements, terms or provisions contained ~n the Note, th~s ~ Mortgage or any other ~nstrument secunng the Note shau be irnalid, ~?legal or uneniorceable in any respect, the val~d~ty of !he rema~n~ng covenan!s, a~reements, terms or prov~s,ons contained herein and m the Note and any other ~nstrument secunng tne Note shall be ~n no way affected, pre~ud;ced or d~s?urbed thereby. 17. Attomey's Fees. The term "attorney's fees" as used ~n th~s Mortgage ~ncludes any and all legal fees of whatever nature ~ncluding, but not hm+ted to, fees resulting from any appeal ot any mterlocutory order or f~nal judgment or any other ; appeliate proceed~ng ans~ng out o! arry htigation. 18 Futura Advsnces. Th~s Mortgage ~s g~ven to secure not only ex~st~ng indebtedness, but also such future advances. ~ whethe, such advances are obl~gatory or are to 5e made at the option of t~Aortgagee, o? otherw~se, as are made with~n f~fteen ' years from the date hereot, to the same ex;en; as ~f such future advances were made on the date of the execut~on of th~s ~ Mortgage. The total amount of ~ndebtedness that may be so secured may decrease c, mcrease from Ume to Lme, but the ~ total unpa~d balance so secured ai one Ume shall not exceed tw~ce the face amount o( the Note, plus ~nterest thereon, and any d~sbursements made for the payment of taxes, lev~es or ;nsurance on the Mortgaged Property, with ~nterest on such ~ d~sbursements at the Defauli Rate. as hereafter def~ned ~ 19 Oblisation of Mortgagor. M~rtgagor sha11 pay the cost of releas+ng or sabsfy~ng th~s Mortgage of record ~ ~ . . , . ~ eoa~674 PA~E2799 ~ `s~~ ~s~~~ .s~,~ ~