Certain Matters Relating to Property. Located in the State of Ohio. With respect to the Property which is located in the State of Ohio, notwithstanding anything contained herein to the contrary: Open-End Mortgage Maximum Principal Amount. This Mortgage is an open-end mortgage made pursuant to Section 5301.232 of the Ohio Revised Code, and shall secure the payment of all loan advances included within the term "Obligations," regardless of the time such advances are made. The maximum amount of unpaid loan indebtedness, exclusive of interest thereon, which may be outstanding at any time and secured hereby shall be the maximum principal amount stated on the first page of this Mortgage. As permitted and provided in Section 5301.233 of the Ohio Revised Code, this Mortgage shall also secure unpaid balances of advances made with respect to the Property for the payment of taxes, assessments, insurance premiums, or costs incurred for the protection of the Property and other costs which Mortgagee is authorized by this Mortgage to pay on Xxxxxxxxx's behalf, plus interest thereon, regardless of the time when such advances are made.
Certain Matters Relating to Property located in the State of Iowa. With respect to the Property which is located in the State of Iowa, notwithstanding anything contained herein to the contrary:
(a) In the event of the foreclosure of this Security Instrument and a subsequent sheriff's sale of the Property, Xxxxxxxx agrees that the redemption period from said sale, as provided by the statutes of the State of Iowa, may, in Xxxxxx's sole discretion, be reduced to six months, provided Xxxxxx, in said foreclosure action, waives any rights to a deficiency judgment against Borrower which may arise out of the foreclosure proceedings. It is further agreed that in the event of the finding by court decree in such foreclosure that the real estate hereinabove referred to has been abandoned by the owners and Persons personally liable under the Note at the time of the foreclosure, the period of redemption from the foreclosure sale may in Lender's sole discretion be reduced to sixty (60) days, provided Lender waives its right to any deficiency judgment against the Borrower which may arise out of the foreclosure proceedings. Nothing in this Section (a) shall be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code.
(b) This Security Instrument secures credit in the amount of two (2) times the Loan Amount. Loans and advances up to this amount, together with interest, are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens.
(c) The maturity date of the Note is the Payment Date occurring in the calendar month subsequent to the month in which the Closing Date occurs in 2015.
(d) Borrower represents and warrants that:
(i) None of the Property constitutes and none of the funds represented by the Note will be used to purchase: (i) real property which is a single-family or two-family dwelling occupied or to be occupied by Borrower; (ii) agricultural products or property used for an agricultural purpose as defined in Iowa Code Section 535.13; (iii) agricultural lands defined in Iowa Code Section 12C.1(5) or 175.2(1), or (iv) property used for agricultural purposes defined in Iowa Code Section 570A.1(2).
(ii) Transactions contemplated by this Security Instrument, the Note and the other Loan Documents do not constitute a consumer credit transaction as defined in Iowa Code Section 537.1301.11; and the transactions contemplated by this Security Instrument, the Note and the Other Loan Documents are for a business purpos...
Certain Matters Relating to Property. Located in the State of Georgia. With respect to the Property which is located in the State of Georgia, notwithstanding anything contained herein to the contrary:
(a) The terms "mortgage" and "hypothecate" which are contained in the "NOW THEREFORE" paragraph in the Recitals hereto and in Sections 2.02(q), 2.03, 2.05(b), 2.05(f), 8.01(d), 15.02 and 18.14 hereof shall be deleted.
Certain Matters Relating to Property. Located in the State of Kansas. With respect to the Property which is located in the State of Kansas, notwithstanding anything contained herein to the contrary:
(a) Lender may bring an action to foreclose this Security Instrument and upon appointment of a receiver for the rents (to which Xxxxxx shall have the right to the immediate appointment, without regard to the adequacy of the security and Borrower hereby irrevocably consents to such appointment and waives notice of any application therefore) enter into or upon the Property or any part thereof either personally or by its agents, nominees or attorneys, and disposes Borrower and its agents and servants therefrom.
(b) Lender may bring an action in any court of competent jurisdiction to foreclose this instrument or to enforce any of the covenants and agreements hereof. The Property may be foreclosed in parts or as an entirety. Lender, upon application to a court of competent jurisdiction shall to the fullest extent permitted by law be entitled without notice and without regard to the sufficiency or value of any security for the indebtedness secured hereby or the solvency of any party bound for its payment, to the appointment of a receiver to take possession of and to operate the Property and to collect and apply the income, rents, issues, profits and revenues thereof. The receiver shall have all of the rights and powers permitted under the laws of the state within which the Property is located. Upon the completion of any sale or sales made by the Lender under or by virtue of this Section, the Lender or any officer of any court empowered to do so shall execute and deliver to the accepted purchaser or purchasers a good and sufficient instrument or good and sufficient instruments conveying, assigning and transferring all estate, right, title and interest in and to the Property and rights sold. The Lender is hereby appointed the true and lawful attorney of the Borrower in its name in stead to make all necessary conveyances, assignments, transfers and deliveries of the Property and rights so sold and for that purpose, the Lender may execute all necessary instruments of conveyance, assignment and transfer and may substitute one or more persons with like power, the Borrower hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. This power of attorney shall be deemed to be a power coupled with an interest and not subject to revocation. Neve...
Certain Matters Relating to Property. Located in the State of California. With respect to the Property which is located in the State of California, notwithstanding anything contained herein:
Certain Matters Relating to Property. Located in the State of Alabama. With respect to the Property which is located in the State of Alabama, notwithstanding anything contained herein to the contrary:
(a) The money, property or services that are the subject of the transactions provided for in the Loan Documents are not primarily for personal, family or household purposes as contemplated by Section 5-19-1(2) of the Code of Alabama 1975, as amended.
(b) Any time after an Event of Default, this Security Instrument shall be subject to foreclosure and may be foreclosed as provided by law in case of past-due mortgages, and Lender shall be authorized, at its option, whether or not possession of the Property is taken, to sell the Property (or such part of parts thereof as Lender may from time to time elect to sell) under the power of sale which is hereby given to Lender, at public outcry, to the highest bidder for cash, at the front or main door of the courthouse of the county in which the Premises to be sold, or a substantial or material part thereof, is located, after first giving notice by publication one a week for three successive weeks of the time, place and terms of such sale, together with a description of the Property to be sold, by publication in some newspaper published in the county or counties in which the Premises to be sold is located. If there is Premises to be sold in more than one county, publication shall be made in all counties where the Premises to be sold is located, but if no newspaper is published in any such county, the notice shall be published in a newspaper published in an adjoining county for three successive weeks. The sale shall be held between the hours of 11:00 a.m. and 4:00 p.m. on the day designated for the exercise of the power of sale hereunder. Lender may bid at any sale held under this Security Instrument and may purchase the Property, or any part thereof, if the highest bidder therefor. The purchaser at any such sale shall be under no obligation to see to the proper application of the purchase money. At any sale all or any part of the Property, real, personal, or mixed, may be offered for sale in parcels or en masse for one total price, and the proceeds of any such sale en masse shall be accounted for in one amount without distinction between the items included therein and without assigning to them any proportion of such proceeds, Borrower hereby waiving the application of any doctrine of marshalling or like proceeding. In case Lender, in the exercise of the pow...
Certain Matters Relating to Property. Located in the State of Connecticut. With respect to the Property which is located in the State of Connecticut, notwithstanding anything contained herein to the contrary:
(a) This Security Instrument shall constitute an Open-End Mortgage Deed in accordance with Conn. Gen. Statutes Section 49-2. Further, it is agreed that additional advancement may be made by Lender or its assignees as provided in this Security Instrument or any of the other Loan Documents for the benefit of Borrower, whether such future advances are obligatory or made at the option of Lender. Each such advance is to be secured with and have the same priority as the Debt to the extent the amount of such subsequent advance when added to the amount of the Debt does not exceed the sum of two (2) times the Loan Amount. Such advances are repayable no later than the maturity date specified in the Loan Documents. Borrower shall execute a note or notes evidencing such future advances, which note or notes shall be delivered to Lender or its assigns and which note or notes shall be included in the words "Note" or "Debt" wherever either appears in the context of this Security Instrument. To the extent permitted by law, the failure to execute such note or notes shall not impair the validity of this Security Instrument and such advances shall be secured by the lien of this Security Instrument.
Certain Matters Relating to Property. Located in the State of New York. With respect to the Property which is located in the State of New York, notwithstanding anything contained herein to the contrary:
(a) Borrower represents that this Security Instrument does not encumber property principally improved or to be improved by one or more structures containing in the aggregate not more than six (6) residential dwelling units.
(b) Pursuant to Section 13 of the lien law of New York, Xxxxxxxx shall receive the advances secured hereby and shall hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of any improvement and shall apply such advances first to the payment of the cost of any such improvements on the Property before using any part of the total of the same for any other purpose.
(c) Lender shall have all of the rights against lessees of the Property as set forth in Section 291(f) of the Real Property Law of New York.
(d) The provisions of subsection 4 of Section 254 of the New York Real Property Law covering the insurance of buildings against loss by fire and the application of Insurance Proceeds shall not apply to this Security Instrument. In the event of any conflict, inconsistency or ambiguity between the provisions of Article III hereof and the provisions of subsection 4 of Section 254 of the New York Real Property Law covering the insurance of buildings against loss by fire and the application of Insurance Proceeds, the provisions of Article III shall control.
(i) In the event of any sale or transfer of the Property, or any part thereof, including any sale or transfer by reason of foreclosure of this Security Instrument or any prior or subordinate mortgage or by deed in lieu of any such foreclosure, Borrower shall timely and duly complete, execute and deliver to Lender all forms and supporting documentation required by any taxing authority to estimate and fix any tax payable by reason of such sale or transfer or recording of the deed evidencing such sale or transfer, including any New York State Real Estate Transfer Tax payable pursuant to Article 31 of the New York Tax Law and New York City Real Property Transfer Tax payable pursuant to Chapter 21, Title 11 of the New York City Administrative Code (individually, a "Transfer Tax" and collectively, the "Transfer Taxes").
(ii) Borrower shall pay the Transfer Taxes that may hereafter become due and payable with respect to any sale or transfer of the Property described in this Article,...
Certain Matters Relating to Property. Located in the State of South Carolina. With respect to the Property located in the State of South Carolina, notwithstanding anything contained herein to the contrary:
Certain Matters Relating to Property. Located in the State of Vermont. With respect to the Property which is located in the State of Vermont, notwithstanding anything contained herein to the contrary:
(a) Borrower hereby grants Lender a power of sale to foreclose this Security Instrument pursuant to Vt. Stat. Xxx. Tit. 12, Sections 4531(a) - 4533(a)(Supp. 2004), as such provision may be amended from time to time, and 100 Lender may, to the extent permitted by law, with or without first taking possession, sell the Property, in whole or, to the extent permitted by law, in part, at public auction in the State of Vermont, or at such place as may be required by law, and may adjourn such sale from time to time by announcement at the time and place appointed for such sale or adjourned sale, and upon such sale, Lender may make and deliver to any purchaser a good and sufficient deed, conveyance, or bill of sale, and good and sufficient receipts for the purchase money, and do and perform all other acts as may be necessary fully to carry into effect this power of sale.
(b) If Xxxxxx should employ attorneys or incur other expenses for the enforcement or performance or observance of any obligation, right or agreement herein contained, Xxxxxxxx agrees that it will on demand therefore reimburse the reasonable fees of such attorneys and such other expenses so incurred. Any provision herein to the contrary notwithstanding, Xxxxxxxx agrees in the event of foreclosure of the Security Instrument or the lien of the security interest granted herein, it shall pay the entire amount of reasonable attorneys' fees incurred by Xxxxxx, its successors or assigns in connection with any such foreclosure, and that the amount of such fees are expressly not limited by the provisions of Rule 80.1(f) of the Vermont Rules of Civil Procedure.
