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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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fact" (authorized representative)to do all that is necessary to transfer my rights in the Property by <br /> a Foreclosure and Sale. This includes your being able to transfer the Property to a buyer at the sale, <br /> and, without giving notice to me, your being able to make any arrangements that you desire <br /> concerning this Mortgage and that buyer to protect you rights in this Mortgage and the Property. <br /> A law of the State of Hawaii, now known as "Section 667-5 of the Hawaii Revised <br /> Statutes,"provides for a Foreclosure and Sale of property under a"Power of Sale". This"Power of <br /> Sale" will let you foreclose the Mortgage and sell the Property without having to start a lawsuit,if <br /> I should default under the Mortgage. I give you that"Power of Sale"under Section 667-5 and under <br /> any successor statute,as such law may be amended. <br /> If you exercise your right to get a Foreclosure and Sale of the Property,you will follow the <br /> procedures that are required of you by the laws of the State of Hawaii. <br /> The proceeds from the sale of the Property by Foreclosure and Sale will be applied to pay <br /> for any liens on the Property which are superior to this Mortgage,all amounts I owe you under the <br /> Note and this Mortgage including Tuture Advances" as well as all Of'Your costs and expenses <br /> including "Commissioner's" (auctioneees)fees and attorneys'fees,in bringing a Foreclosure and <br /> Sale,plus interest,as allowed by this Mortgage and law. If the proceeds are not sufficient to pay an <br /> of the amounts that I owe you,then you will have the right to get a"personal judgment" (a court <br /> order)against me for the difference,or you can get any other remedy available to you under the law <br /> and this Mortgage. N then are any"surplus"(remaining)proceeds after you pay for all of the above, <br /> then those surplus proceeds will belong to me. <br /> In any lawsuit for foreclosure and sale, Lender will have the right to collect all costs <br /> allowed by law,including reasonable attorneys'fees. <br /> Lender shall also have an immediate right to a receivership without any requirement for <br /> prior notice to me or a hearing. The receiver shall serve without a bond. <br /> In addition to having a foreclosure and sale,Lender may take any other actions allowed by <br /> law. This includes,for example,setting off(deducting)amounts that I owe Lender from any funds <br /> that Lender may owe to me. For example,if I have money on deposit in an account with Lender, <br /> Lender may take the money in that account to pay what I owe under the Note and this Mortgage. <br /> (C) 'Deed in Lle u of Forecl=VZ:. I will execute a quitclaim deed to the Lender on the <br /> property secured by this Mortgage.to be held by the Lender as security for my payment obligations <br /> under the Note and Mortgage. If I fail to make any payment under the Note or Mortgage,and such <br /> default continues for more than ninety(90)days,as indicated on the Lender's records,Lender may <br /> send me a demand for payment in full of all amounts in default, which may include interest, late <br /> charges, costs of collection (including reasonable attorney's fees),and such other amounts as are <br /> allowed under this Mortgage. Any such demand by Lender shall be sent by cerdfie d mail,return <br /> receipt requested. I will make payment in hilt of the amounts in default within fifteen(1 S)days after <br /> the date Lender mails the demand. In the event that I do not make payment in full within the stated <br /> deadline,Lender shall be authorized to record the <br /> quitclaim deed in lieu of lenders forecIosun <br />
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