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2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008
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2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008
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14. LAW THAT GOVERNS THL MORMAGE The law of the State of Hawaii will <br /> govern this Mortgage. N any term of this Mortgage or of the Note conflicts with that law,all other <br /> terms of this Mortgage and of the Note will still remain in effect if they can be given effect without <br /> the conflicting teem. This means that any terms of this Mortgage and of the Note which conflict with <br /> the law can be separated from the remaining terms,and the remaining terms will still be enforced. <br /> 15. nEYANCS OR ASSIgba fi T. I will not convey,assignor transfer(whether <br /> by way of Deed, Mortgage,Assignment of Lease,Agreement of Sale or other conveyance)any of <br /> my interest in the Property. Any attempt to do so will not be effective unless Ifirst obtain the written <br /> consent of Lender. <br /> 16. DEFAULT. I will be in default under this Mortgage if: <br /> (1) I fail to make any monthly payment due under the Note or am otherwise in default <br /> under the Note. <br /> (2) 1 fail to keep any promise or agreement made in this Mortgage and do not correct <br /> the failure within thirty(30)days after Lender gives me notice requesting correction. <br /> (3) I convey,assign or transfer any of my interest in the Property without first obtaining <br /> Lender's written consent. <br /> 17. I. ER'S RIGfPI'S Ip BORROWER IS IN DEFAULT. <br /> (A) ". If there is a default under this Mortgage,then without <br /> prior notice to me you can demand that I pay immediately the entire amount then remaining unpaid <br /> under the Note and tinder this Mortgage. You may do this without making any further demand for <br /> payment. This demand will be called%nmediate payment in Pull". <br /> (B) M=losure and Sale". N I default under this Mortgage, you can also start a <br /> "Foreclosure and Sale"of the Property,without giving me prior mica <br /> A "Foreclosure and Sale"of the Property will take away,forever, all of my rights in the <br /> Property. You can do this without having to give a bond to a court. The Property can be sold in <br /> "whole" (as one property) or in "part" (as several pieces of property) at a private sale or public <br /> auction. The buyer,who may be you or another person,will acquire the property free and clear of <br /> any of my claims to the Property. The buyer would then own the property. If I have not moved out <br /> before then,the buyer can remove me(and other persons,including my family,allowed by me to be <br /> on the Property)from the Property. This is known as Ibreeclosure and Sale". <br /> If the Property is a leasehold,the buyer will then own the leasehold interest for the rest of <br /> j the lease tens,plus any extensions and renewals of the lease term. <br /> i <br /> j For your benefit in case I default under this Mortgage,I now"irrevocably"(permanently <br /> until you release this Mortgage or otherwise release me in writing)appoint you as my"attorney--ia- <br /> i <br /> � !O <br /> i <br />
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