Preview
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022
"D"
EXHIBIT
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022
UBtR1622PAGE 49
. . Office of the Genesee Clerk
County
Don M. Read, County Clerk
DOCUNENT 4 3896
E-Malk coelerk@eo.genesee.ny.usPhone:585-344-2550
ext2242
Website:www.co.renesee.ny.usFax: 585-344-8521 NTAX= DC 560 $ - 00
RegularMailAddress: & ExpressMallAddress:
ShiDDips
POBox379 CountyB1dg#1,15MainStreet 08/12/2011 04: 24:59 P. N.
Batavia,N.Y.14021-0379 Batavia,N.Y.14020 RECE IPT: 9210 FEE n $95.00
GENESEE COUNTY CLERK
Type/PrintLEGIBLY- BlackInk: ARerRecordation
ReturnthisDocument
to:
Method of Document Return:
[ ] Postage Paid Return
Envelope
[ (OfficeBox ***
[ I Courier
[ Office Mail
j Inter Service
[ ] Periodic Mail-
No Return Envi
[ ) Mall-
General Public
This Document Was Recorded By:
THE SPACE BELOW IS RESERVED FOR THE COUNTY CLERK REQUIRED RECORDING INFORMATION
DOCUMENT TYPE
TAX DISTRICT # Pages to Validate //
MORTGAGE RECORDING TAX RECElPT CROSS REFERENCES
Total AmountSecured By Mortgage:
00 BASIC $ ~L P Yr
LOCAL S ~L P Yr
1-2 Family Clause Applicable
MortgageTax Afridavit
Attached. ADDTL S ~L 2 P Yr
( To be Apportioned
Mortgage Tax Exempt SPECIAL $ a ~L ,P Yr
Recapture Obligation
Included*
~L P Yr
TOTAL TAX $
State of New York }
County of Genesee )
I do herebycertify thatI havereceivedtheamountscitedaboveonthewithin Mortgage,
beingtheamountofthe RecordingTax imposedthereonandpaidatthetimeof recording.
Genesee
CountyClerk
DONOTDETACHTHISPAGEFROMTHEDOCUMENT:
asRequiredby Section319of theRealPropertyLawofNew York State.
This pageconstitutesthe CountyClerk%Endorsement
. CountyClerk
, Genesee
.
***********`****************$4444****``````****
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THISSPACERESERVEDFORCOUNTYCLERKNOTES
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022
Mortgage
NEWYGRK C.DrRealEstate uBER1622PME 50
11336 I1/06
RECORD AND RETURN TO: Recording Data
TO
FARM CREDIT EAST, ACA
CREDIT LINE MORTGAGE
THIS MORTGAGE, is made this 12* day of August, 2011 betweenthe David A. Ficarella Living
Trust, dated November 28, 2005, a
New York Trust located at 3731 Pike Road, Batavia, New York David A. Ficarella and Kate Ficarella, residing
14020 ("Mortgagor")
14020 (collectively
at 3731 Pike Road, Batavia, New York "Borrower")and Farm Credit East, ACA,
a corporation organized and
existing under the laws of the United Statesunder the Farm Credit Act of 1971, as amended, having its principal office and place of
businessat 4363 Federal Drive, Batavia, New York 14020 ("Lender").
1. CREDIT LINE MORTGAGE. THIS IS A CREDIT LINE MORTGAGE WHICH SHALL SECURE NOT ONLY THE
ORIGINAL INDEBTEDNESS BUT ALSO THE INDEBTEDNESS CREATED BY FUTURE ADVANCES MADE WITHIN 30
YEARS FROM THE DATE OF RECORDING OF THIS MORTGAGE UNDER AND PURSUANT TO A CERTAIN LOAN
AGREEMENT, AND ALL AMENDMENTS AND RENEWALS THEREOF (THE "LOAN AGREEMENT"), WHETHER
OBLIGATORY OR OPTIONAL, TO THE SAME EXTENT AND WITH THE SAME PRIORITY OF LIEN AS IF EACH FUTURE
ADVANCE HAD BEEN MADE AT THE TIME THIS CREDIT LINE MORTGAGE WAS RECORDED, ALTHOUGH THERE
MAY HAVE BEEN NO ADVANCES MADE AT THE TIME OF EXECUTION AND ACKNOWLEDGMENT OF THIS CREDIT
LINE MORTGAGE, AND ALTHOUGH THERE MAY BE NO INDEBTEDNESS OUTSTANDING AT THE TIME ANY
ADVANCE IS MADE. ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE LOAN AGREEMENT ARE
INCORPORATED HEREIN BY REFERENCE.
2. MAXIMUM AMOUNT SECURED. Itis understood and agreed that the maximum amount to be secured at any one time
outstanding by this Mortgage is the principal
sum of One Hundred Fifty
Thousand and 00/100 DOLLARS($150,000.00), plus all
interest, and plus all: taxes, insurance premiums, costs of collection (including reasonableattorneys fees), liability
for environmental
non-compliance and other amounts paid or incurred pursuant to the terms of this Mortgage, the Obligations or otherwise paid or
incurred by Lender to preservethe mortgage lien.
3. PAYMENT OF INDEBTEDNESS. and severally to pay without deduction or
Borrower hereby agreesand binds himself jointly
credit to Lender, its successorsand assigns, or to the Holder of this Mortgage, all sums advanced to Borrower, together with interest
thereon, and default interest on all amounts not paid when due (collectively:
the "Indebtedness"),
under and pursuant to the Loan
Agreement and according to certain Note(s), Loan Documents or other evidencesof the Indebtednessgiven or to be given to Lender by
Borrower from time to time in connection with the Loan Agreement (collectively: the "Obligations"
).
4. OBLIGATIONS SECURED. This Mortgage is given by Mortgagor, for full
and adequateconsideration acknowledged as being
received by Borrower, as continuing security for the payment and performance of all the Obligations, up to the Maximum Amount
Secured hereby, given by Borrower to Lender from time to time in connection with advancesmade to Barrower by Lender under the
Loan Agreement and all amendments,modifications, renewals and extensions thereof, and advancesthereunder. If such Indebtedness
or Obligations shall remain or become that of less than all of the Borrowers, any Borrower
not liable therefor hereby expressly
hypothecateshis/her/their ownership in the Mortgaged Premisesto the extent required to satisfy the Indebtedness or the Obligations
without restriction or limitation unless such Borrower has been discharged in writing
by Lender. This Mortgage is also collateral and
additional
security for all
other loans, debts, notes, agreements and obligations of
any kind and Lender and
between Borrower
Barrower and any of Lender's wholly owned subsidiaries, whether now existing or arising in the future and Mortgagor consentsto the
same.
5. DESCRIPTION OF MORTGAGED PREMISES. To secure the payment of the Obligations of Borrower, Mortgagor hereby
described real estate located at 8507 Lovers Lane Road, Town of Batavia, County of Geneseeand State of
mortgages the following
New York being all and the samepremises as described in Schedule "A", attachedhereto and made a part hereof, which, together with
the rights describedin the following paragraphs, shall be collectively referred to herein as the "Mortgaged
Premises".
6. LIEN INCLUDES ALL RIGHTS IN THE PROPERTY. The lien granted by this Mortgage shall include all right, title and
interest of Borrower and/or Mortgagor in and to the Mortgaged Premises, including without limitation:
all buildings, structures and
improvements and all replacementsand after acquired property of the same kind; all easements;all riparian and other rights running
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UBER 16 2 2 PAGE 51
. with the land; all fixtures now existing 0.
reafter attachedto the property; the beds of a.
_reetsand roads in front of and adjoining
said real estateto the center line thereof; all oil, gas, mineral, timber, sand, gravel, water, natural resourcesand other such rights; all
awards for taking by condemnation or eminent domain of all or any portion of the Mortgaged Premises or any easement thereon,
including awards for change of grade of streets; all insuranceproceeds and unclaimed premiums payable under policies covering the
Mortgaged Premises;and all leasesaffecting the Mortgaged Premises,which leasesand all rents, royalties, income and other payments
and rights thereunder are hereby assignedto Lender during the term hereof, and the possessionof such leasesand proceeds therefrom
shall be delivered to Lender upon its demand.
It is agreed that this Mortgage shall be considered a financing statementpursuant to the Uniform
Commercial Code covering all the
Borrowers' and/or
Mortgagor's personal property described herein, with the debtor being Borrower and the secured party being Lender
and their addressesbeing as set forth on the front page of this Mortgage. Borrower and/or Mortgagor hereby authorize Lender to file
financing statementsand continuations thereof without the signature of or notice to Borrower and/or Mortgagor.
BORROWER'S COVENANTS
Borrower and Mortgagor covenantwith Lender as follows:
7. DEFAULT. If one or more of the following
"Eventsof Default"
should occur, Lender shall have such rights and remedies as are
provided in the Note(s) and Loan Documents, including without limitation and at Lender'ssole option, the right to make demand or to
acceleratethe whole Indebtednesssecuredhereby. No advanceneedsto be made or completed if one or more of the following
events
of default should occur:
a.)A default for more than 30 days in the payment of:
(i) amounts demanded,or any installment of principal or of interest due, or any acceleratedamount due under the Obligation(s), or
under any obligation securedhereby, or under the terms of this Mortgage or any other instrument securing the Indebtedness;or
(ii) any tax, water rate or assessment;or
any amount not paid when due under any Loan Document; or
(iii)
b.)The failure of Borrower, Mortgagor or any guarantor to observe, perform timely or comply with any provisions contained in the
the Note(s)
Obligation(s), or otherevidence of
the Indebtedness, in
thisMortgage orany other instrument securing the
Indebtedness,or in any Loan Agreement, Security Agreement, Guaranty or in any other legal document of any kind related to or
Documents"
subject hereto, or in any other obligations secured hereby (collectively
called: "Loan ), or in any other obligations
or any guarantor to Lender or in which Lender has an interest; or
of Borrower, Mortgagor
c.)A breachof any warranty, representation, covenant or agreementcontained herein, in the Obligations, or the Loan Documents , or
in any other obligations of Borrower, Mortgagor or any guarantor to Lender or in which Lender has an interest; or any material
misrepresentationrelating thereto or contained therein or in any loan application or financial statementsubmitted to Lender; or
d.)Failure to pay within 30 days of demand, or a declared default existing for more than 30 days, on any other note(s), mortgages or
other obligations of Borrower, Mortgagor or any guarantor to Lender or in which Lender has an interest; or
e.)Declared default existing for more than 30 days on a mortgage or security agreementto any third party covering the Mortgaged
Premisesor personal property collateral; or
f.)Failure to discharge within 60 days of entry, or of affirmation on appeal, any final judgement for the payment of money against
Borrower, Mortgagor or any guarantor; or
g.)Borrower or Mortgagor becomesinsolvent or dissolves (if a legal entity); Borrower, Mortgagor or any guarantor files or has filed
against him a petition in Bankruptcy or any equivalent action for relief in Bankruptcy Court, or enters into an assignmentfor the
arrangement; or Borrower, Mortgagor or any guarantor is subject to a court order appointing a
benefit of creditors or similar
receiver or trustee on Borrower's, Mortgagor's or any guarantor'sbehalf.
8, USE OF LOAN PROCEEDS AND COLLATERAL. Borrower and Mortgagor covenant and agree that the proceeds of loans
secured hereby shall be used only for the purposes set forth in the application therefor or specified by Lender; that the Mortgaged
Premises herein described shall be maintained in a good and husbandlike manner, including
the use of prudent and appropriate
agricultural practices and soil conservation techniques; that the buildings, improvements and fixtures on Mortgaged Premises shall be
gas, or water shall not be sold, leased or otherwise
kept in good repair; that any natural resdurces, including timber, topsoil, oil,
exploited without the prior written consentof Lender; that landfill operations, the spreading of sludge, studge-derived products or other
waste, or the deposit of hazardousor toxic substances,materials or waste, other than materials ordinarily used for agricultural purposes
and used in accord with applicable laws, shall not be permitted without the prior
written In addition, neither
consent of Lender.
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Borrowernor Mortgagor shall not comL
aor su er tlie commission of waste of Mort
d Premises.
Borrower and Mortgagor
hereby grants to Lender, for as long as this Mortgage remains in effect, the irrevocable right to enter the Mortgaged Premises at
reasonable times to conduct inspections, environmental audits or take such other actions as Lender, in its sole discretion and without
Premises' condition and Borrower's
any obligation to do so, may reasonably require to ascertain, to verify or to monitor the Mortgaged
and/or Mortgagor's compliance with all applicable laws and regulations and with the Covenants of this Mortgage.
Unless otherwise
agreed in writing, all costs of any environmental audits and inspectionsshall be borne by Borrower.
9. TITLE WARRANTY. Mortgagor warrants that Mortgagor has good and marketable title to the Mortgaged Premises; and that
Borrower and Mortgagor shall defend such title against all claims and demands.
10. LIENLAW. In compliance with Section 13 of the Lien Law, Borrower shall receive the advancessecured hereby and the right to
receive such advancesas a trust fund to be applied first for the purpose of paying the cost of the improvement, and shall apply such
advance(s) to payment of samebefore using any part for any other purpose.
11. BUILDINGS. No building, structure or improvement on the Mortgaged Premisesshall be removed, demolished, or substantially
changedwithout the prior written consentof Lender.
12. NO SALE OR LEASE. Borrower and Mortgagor covenant and agree that, after the date hereof, none of the following
actions
shall be taken or permitted without Lender's prior written consent:
a.) of legal or equitable title to all or any part of the Mortgaged Premises by anyone other than those in whom title
Acquisition is
vested on the date hereof; or
b.)All or any part of the Mortgaged Premises becoming subject to either a leasefor a term exceeding one year or an installment sales
contract, whether or not title passes;or
c.)Any stockholder or partner of
principal, the undersigned legal entity
or an entity guaranteeing the Indebtedness selling
or
otherwise transferring his/her ownership, stock or partnership interest in such entity.
13. ENVIRONMENTAL REQUIREMENTS. Borrower and Mortgagor shall comply strictly with the requirements of all applicable
federal, state and local environmental laws, rules and regulations affecting the Mortgaged Premises and shall not become involved in
operations on the Mortgaged Premisesor other locations which could lead to Borrower's, Mortgagor 's or Lender's liability
thereunder.
In the event either Borrower or Mortgagor fails to so comply, Lender, at its sole option but without any obligation to do so, may give
such notices, incur such expense,take such actions or causesuch work to be performed on the Mortgaged Premisesor take any and all
other actions as Lender deemsnecessaryor prudent to cure such failure of compliance. Any amounts paid as a result thereof, together
with interest at the highest rate set forth in the Obligations, shall be due and payable from Borrower to Lender on demand, and until
paid shall becomea part of the Indebtednesssecured hereby with the samelien priority, notwithstanding any limitation of Indebtedness
otherwise provided for herein, and the same may be collected as part of the principal debt in any suit heroon or upon the Note(s) or
other obligations secured hereby.
Borrower and severally agree to indemnify, defend and hold
and Mortgagor do hereby jointly
Lender harmlessof and from any and all: liabilities,
liens, assessments,suits, damages,judgments, costs and expenses,environmental
audit fees and costs,attorney fees, consultant's fees, clean up costs,removal or responsecosts arising out of the presence,handling and
disposal of hazardous or toxic wastes, materials or substancesof any kind whatsoever in connection with the Mortgaged Premises,
without limitation
including over the lien hereof, or arising out of any requirement of any
the assertion of any lien taking priority
applicable law, rule or regulation.
Borrower and Mortgagor eachrepresentand warrant to Lender that:
a.)To the best of
Borrower'sand Mortgagor's
knowledge,the Mortgaged in
Premises are compliancewithallapplicable
environmental laws, rules and regulations.
b.)To the best of Borrowers and Mortgagor's knowledge, Borrower and Mortgagor has made full
disclosure to Lender of:
all now
known or reasonably suspected environmental problems or conditions
on oradjacent to
the MortgagedPremises, and all
federal, state and local authorities affecting Borrower, Mortgagor
environmental orders or agreementswith or the Mortgaged
Premises.
c.)If environmental contamination or non-compliance with applicable laws, rules and regulations affecting Borrower, Mortgagor or
the Mortgaged Premisesis discovered during the term of this Mortgage, Borrower and/or Mortgagor shall:
(i)inunediately notify Lender of the same;
(ii)promptly undertake at Borrower's and/or Mortgagor's own expense any remedial action, removal or compliance measures
required;
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promptly reimburse Lender for all sums Lender expendsunder this Environmental Requirements section or becomesliable to
(iii)
expend under applicable laws, rules and regulations.
Borrower and/or a Mortgagor acknowledge and agree that any determination by Lender of compliance with environmental laws is
made solely for Lenders own benefit. Such determination(s) shall not be disclosed to third parties or relied upon by Borrower or any
third party.
All provisions of this Environmental Requirements section, including but not limited to indemnification, shall survive the discharge or
other cancellation of this Mortgage and the Obligations.
14. INSURANCE. Borrower and Mortgagor shall keep the Mortgaged Premisesinsured against loss by fire, with extended coverage
endorsement,and such other hazards(and in such amounts) asLender may require, for the benefit of Lender, and naming Lender as the
Insured.Allpolicies shall have endorsed thereon the standard New York
mortgagee clause in the name of Leader. Borrower and
Mortgagor shall also, on Lender's demand, furnish evidence of coverageto Lender and assign and deliver such policies to Lender.
In
the event of foreclosure of this Mortgage, Lender shall succeedto all the rights of Borrower
and/or Mortgagor in and to all policies
required by Lender, Federal Flood Insurance (if
required hereunder. If public
qualifies),
property insurance, workman's
liability
compensation insurance and other specified kinds of
insurance shall be carried by Borrower
and/or Mortgagor.
Terms ofany
insurance policy required hereunder shall provide for at least 30 days prior written notice to Lender of cancellation or modification.
Lender shall not be liable to Borrower, Mortgagor or anyone else if insurance lapses; and Lender shall have no duty to notify either
Borrower or Mortgagor of such lapse of insurance coverage. Lender, without obligation to do so, may obtain insurance and pay any
late or delinquent insurancepremiums related to the Mortgaged Premises. In such event, Lender, at its sole option, may: a) Obtain
from Borrower and/or Mortgagar reimbursement for any such amountspaid plus interest as set forth in the Obligations, which amount
shall be payable by Borrower and/or Mortgagor on Lender's demand; or b) Add such amount to the Indebtednesssecured hereby with
interest and according to the terms of the applicable Obligation(s), despite the aforesaid limit on the maximum amount securedhereby;
or c) Declare Borrower in default hereunder, subject to Borrowers right to cure within 30 days after Lenders notice and demand.Upon
demand from Lender, Borrower shall surrender immediately all insurancepolicies covering the Mortgaged Premises,which policies in
the event of foreclosure shall become the property of Lender, with full authority in Lender to make claims, to settle, compromise or
disposeof sameat its sole discretion for application to the Obligations securedhereby.
15. TAXES, LIENS, JUDGMENTS AND ASSESSMENTS. Borrowerand/or Mortgagar
shall pay when due all
taxes, liens,
judgments, assessments,water rates and environmental clean up costs affecting the Mortgaged Premises or the lien hereof; and
Borrower and/or Mortgagor shall furnish evidence of payment of sameon Lenders demand. If Borrower and/or Mortgagor fails to pay
the same, Lender, at its sole option, may: a) Pay the same and add such amount to the Indebtedness secured hereby with interest and
according to the terms of the Obligation(s) secured hereby, despite the aforesaid limit
on the maximum amount secured hereby; or b)
Obtain from Borrower and/or Mortgagor reimbursement of the amount paid plus interest under the applicable Obligation(s), which
amount shall be payable by Borrower on Lender's demand; or c) Declare Borrower in default hereunder, subject to Borrower's right to
cure within 30 days after Lender s notice and demand.
16. RECORDING TAXES AND PENALTIES. Borrower and/or Mortgagor shall pay any and all recording taxes and penalties
thereon required by law to be paid in connection with this Mortgage and all loans and advances secured hereby.
In the event that
Lender is required to pay the same, Borrower shall fully reimburse Lender on demand with interest at the rate or rates prescribed by
Lender in effect on the date thereof, and the amount so paid by Lender with
interest shall be a lien of the same priority
on the
Mortgaged Premisesand secured by this Mortgage.
17. SET-OFF.Immediately upon Borrower's default and without notice to either Borrower and/or Mortgagor, Lender shall have the
right to set-off and apply to the Obligations, in such manner as Lender in its sole discretion may determine, any and all sums credited
by or due from Lender to Borrower, whether in transit or in the possessionof Lender. Such sums shall at all times constitute additional
security for the Obligations securedhereby.
18. NON WAIVER. Waiver by Lender of the breach of any terms or covenants, or the failure of Lender to exercise any option given
to it, or the granting by Lender of any forbearance, restructuring or "borrower rights" (as may be required or allowed under the Farm
Credit Act or other applicable law or regulations) shall not be deemedto be a waiver of any subsequentbreach of the samecovenant or
the breach of any other covenant, or of Lenders rights thereafter to exercise any such option. Nothing herein or in any Loan Document
shall limit
or waive Lender's right to make demand under any demandobligation securedhereby. Any provision of this Mortgage may
be waived only by a writing, signed by an authorized representativeof Lender.
19. COLLECTION COSTS AND FEES. Borrower and severally agrees to pay all costs, charges and
and/or Mortgagor jointly
expenses,including reasonable attorneys fees, which are: incurred by Lender in connection with
preserving or protecting Lender's
rights and interestsunder the Obligations or this Mortgage or the Loan Documents whether or not a legal action is filed; or incurred by
Lender in the event of suit on the Obligations, Loan Documents or this Mortgage; or incurred in other legal proceedings for the
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. of the Indebtedness secured .
collection Lender; or incurred in any other legal
.by; or incurred in any foreclosure brought
proceeding to protect or sustain any mortgage or lien granted as security for the debt secured hereby; or incurred in any litigation
or
controversy, including any action in Bankruptcy Court, affecting, arising from or connected with the Obligations, Loan Documents or
Such amounts together with interest as provided for in the Obligations shall be added to the unpaid principal balance
this Mortgage.
hereof, notwithstanding the maximum amount of Indebtednessdescribed above; shall be evidenced by the Obligations and secured by
this Mortgage; and shall be a lien with the samepriority on the Mortgaged Premises.
Borrowerand/or Mortgagor
further
agree to pay all
reasonable fees, costs and expenses for
allenvironmental
audits or
other
environmental evaluations of the Mortgaged Premises, updates of environmental audits or evaluations, appraisals of the Mortgaged
other valuation services or professional opinions which
Premises, appraisal updates or may be required by
Lender, in its sole
discretion, from time to time in connection with this loan or the collection of the Indebtedness,All
sums owing for such services shall
be payable on Lender's demand. If unpaid for thirty (30) days after demand, such unpaid sum, at Lender's sole discretion, may either
constitute a default on this Mortgage, or it may be added to the unpaid principal balance of the loan and secured by this Mortgage as a
lien of the samepriority.
20. SALE OF COLLATERAL. AIILender's rights to personal property security and the Mortgaged Premises, in Lender's sole
discretion, may be exercised either together or separately. Lender, in its sole discretion, may sell personal property security either
separately from or together with real property security, whether or not the aggregateproceedsthereof exceed the Indebtednesssecured
hereby. At any sale, any combination of all of the security may be offered for sale for one total price and the proceeds of such sale
accounted for in one account, without distinguishing between items of security or assigning to separatesecurities proportions of the
proceeds. If in the exercise of the power of sale, Lender electsto sell in parts or parcels,such sales may be held from time to time, and
the power shall not be fully
executed until all of the personal property security and real property security has been sold. In case of a
foreclosure sale, the Mortgaged Premises, or so much thereof as may be affected by this Mortgage, may be sold in one parcel or
multiple parcels, at Lender's sole discretion.
2L APPOINTMENT OF RECEIVER. Lender in any action to foreclose this Mortgage shall be entitled to the appointment of a
receiver.
22. FINANCIAL INFORMATION. At Lender's request, Borrower shall provide, in a form acceptable to Lender, a current balance
sheetand income statement annually and at such other additional times asLender may requestin connection with the Obligations.
23. STATEMENT OF AMOUNT DUE. six days of its receipt of a request in person or within
Lender, within days of its
thirty
receipt of a request by mail, shall furnish a written statement,duly acknowledged, of the amount due on this mortgage and whether any
offsets or defensesexist against the Mortgage Indebtedness.
24. BINDSHEIRS, EXECUTORS AND ASSIGNS. The covenants, agreementsand conditions contained herein shall bind and inure
to the benefit of the heirs, executors, administrators, successorsand assignsof the parties hereto. The term "Lender" as used herein,
shall be construed to include any lawful holder of this Mortgage.
25. SEVERABILITY. If any provision of the Note(s), this Mortgage, the Loan Documents or any other obligation secured hereby, or
any other document given to securethe said Indebtednessshall be determined to be invalid, inapplicable to any party or unenforceable,
applicability or enforceability of any other provision of that instrument or of any other
such determination shall not affect the validity,
instrument.
26. NOTICE.Notice, demandor requestof either party hereto shall be in writing and shall be served in person or by mail.
27. GOVERNING LAW. This Mortgage is subject to the provisions of the Farm Credit Act of 1971 and all acts amendatory thereof
or supplementary thereto; and shall be interpreted according to the law of the State of New York.
Allcovenants hereof which are in
addition to thoseset forth in Sections254 and 291-f of the Real Property Law shall be construed as affording Lender rights in addition
to and not exclusive of the rights conferred under such sections. In the event of foreclosure, Lender shall be entitled to recover the
additional all
Preview
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 "D" EXHIBIT FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 UBtR1622PAGE 49 . . Office of the Genesee Clerk County Don M. Read, County Clerk DOCUNENT 4 3896 E-Malk coelerk@eo.genesee.ny.usPhone:585-344-2550 ext2242 Website:www.co.renesee.ny.usFax: 585-344-8521 NTAX= DC 560 $ - 00 RegularMailAddress: & ExpressMallAddress: ShiDDips POBox379 CountyB1dg#1,15MainStreet 08/12/2011 04: 24:59 P. N. Batavia,N.Y.14021-0379 Batavia,N.Y.14020 RECE IPT: 9210 FEE n $95.00 GENESEE COUNTY CLERK Type/PrintLEGIBLY- BlackInk: ARerRecordation ReturnthisDocument to: Method of Document Return: [ ] Postage Paid Return Envelope [ (OfficeBox *** [ I Courier [ Office Mail j Inter Service [ ] Periodic Mail- No Return Envi [ ) Mall- General Public This Document Was Recorded By: THE SPACE BELOW IS RESERVED FOR THE COUNTY CLERK REQUIRED RECORDING INFORMATION DOCUMENT TYPE TAX DISTRICT # Pages to Validate // MORTGAGE RECORDING TAX RECElPT CROSS REFERENCES Total AmountSecured By Mortgage: 00 BASIC $ ~L P Yr LOCAL S ~L P Yr 1-2 Family Clause Applicable MortgageTax Afridavit Attached. ADDTL S ~L 2 P Yr ( To be Apportioned Mortgage Tax Exempt SPECIAL $ a ~L ,P Yr Recapture Obligation Included* ~L P Yr TOTAL TAX $ State of New York } County of Genesee ) I do herebycertify thatI havereceivedtheamountscitedaboveonthewithin Mortgage, beingtheamountofthe RecordingTax imposedthereonandpaidatthetimeof recording. Genesee CountyClerk DONOTDETACHTHISPAGEFROMTHEDOCUMENT: asRequiredby Section319of theRealPropertyLawofNew York State. This pageconstitutesthe CountyClerk%Endorsement . CountyClerk , Genesee . ***********`****************$4444****``````**** 444494!!4**********!!!4%!!!!!!!"!$!!!!!!!!%!!!!`!!!4$44`!!**************** THISSPACERESERVEDFORCOUNTYCLERKNOTES FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 Mortgage NEWYGRK C.DrRealEstate uBER1622PME 50 11336 I1/06 RECORD AND RETURN TO: Recording Data TO FARM CREDIT EAST, ACA CREDIT LINE MORTGAGE THIS MORTGAGE, is made this 12* day of August, 2011 betweenthe David A. Ficarella Living Trust, dated November 28, 2005, a New York Trust located at 3731 Pike Road, Batavia, New York David A. Ficarella and Kate Ficarella, residing 14020 ("Mortgagor") 14020 (collectively at 3731 Pike Road, Batavia, New York "Borrower")and Farm Credit East, ACA, a corporation organized and existing under the laws of the United Statesunder the Farm Credit Act of 1971, as amended, having its principal office and place of businessat 4363 Federal Drive, Batavia, New York 14020 ("Lender"). 1. CREDIT LINE MORTGAGE. THIS IS A CREDIT LINE MORTGAGE WHICH SHALL SECURE NOT ONLY THE ORIGINAL INDEBTEDNESS BUT ALSO THE INDEBTEDNESS CREATED BY FUTURE ADVANCES MADE WITHIN 30 YEARS FROM THE DATE OF RECORDING OF THIS MORTGAGE UNDER AND PURSUANT TO A CERTAIN LOAN AGREEMENT, AND ALL AMENDMENTS AND RENEWALS THEREOF (THE "LOAN AGREEMENT"), WHETHER OBLIGATORY OR OPTIONAL, TO THE SAME EXTENT AND WITH THE SAME PRIORITY OF LIEN AS IF EACH FUTURE ADVANCE HAD BEEN MADE AT THE TIME THIS CREDIT LINE MORTGAGE WAS RECORDED, ALTHOUGH THERE MAY HAVE BEEN NO ADVANCES MADE AT THE TIME OF EXECUTION AND ACKNOWLEDGMENT OF THIS CREDIT LINE MORTGAGE, AND ALTHOUGH THERE MAY BE NO INDEBTEDNESS OUTSTANDING AT THE TIME ANY ADVANCE IS MADE. ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE LOAN AGREEMENT ARE INCORPORATED HEREIN BY REFERENCE. 2. MAXIMUM AMOUNT SECURED. Itis understood and agreed that the maximum amount to be secured at any one time outstanding by this Mortgage is the principal sum of One Hundred Fifty Thousand and 00/100 DOLLARS($150,000.00), plus all interest, and plus all: taxes, insurance premiums, costs of collection (including reasonableattorneys fees), liability for environmental non-compliance and other amounts paid or incurred pursuant to the terms of this Mortgage, the Obligations or otherwise paid or incurred by Lender to preservethe mortgage lien. 3. PAYMENT OF INDEBTEDNESS. and severally to pay without deduction or Borrower hereby agreesand binds himself jointly credit to Lender, its successorsand assigns, or to the Holder of this Mortgage, all sums advanced to Borrower, together with interest thereon, and default interest on all amounts not paid when due (collectively: the "Indebtedness"), under and pursuant to the Loan Agreement and according to certain Note(s), Loan Documents or other evidencesof the Indebtednessgiven or to be given to Lender by Borrower from time to time in connection with the Loan Agreement (collectively: the "Obligations" ). 4. OBLIGATIONS SECURED. This Mortgage is given by Mortgagor, for full and adequateconsideration acknowledged as being received by Borrower, as continuing security for the payment and performance of all the Obligations, up to the Maximum Amount Secured hereby, given by Borrower to Lender from time to time in connection with advancesmade to Barrower by Lender under the Loan Agreement and all amendments,modifications, renewals and extensions thereof, and advancesthereunder. If such Indebtedness or Obligations shall remain or become that of less than all of the Borrowers, any Borrower not liable therefor hereby expressly hypothecateshis/her/their ownership in the Mortgaged Premisesto the extent required to satisfy the Indebtedness or the Obligations without restriction or limitation unless such Borrower has been discharged in writing by Lender. This Mortgage is also collateral and additional security for all other loans, debts, notes, agreements and obligations of any kind and Lender and between Borrower Barrower and any of Lender's wholly owned subsidiaries, whether now existing or arising in the future and Mortgagor consentsto the same. 5. DESCRIPTION OF MORTGAGED PREMISES. To secure the payment of the Obligations of Borrower, Mortgagor hereby described real estate located at 8507 Lovers Lane Road, Town of Batavia, County of Geneseeand State of mortgages the following New York being all and the samepremises as described in Schedule "A", attachedhereto and made a part hereof, which, together with the rights describedin the following paragraphs, shall be collectively referred to herein as the "Mortgaged Premises". 6. LIEN INCLUDES ALL RIGHTS IN THE PROPERTY. The lien granted by this Mortgage shall include all right, title and interest of Borrower and/or Mortgagor in and to the Mortgaged Premises, including without limitation: all buildings, structures and improvements and all replacementsand after acquired property of the same kind; all easements;all riparian and other rights running PAGE1OF7 FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 UBER 16 2 2 PAGE 51 . with the land; all fixtures now existing 0. reafter attachedto the property; the beds of a. _reetsand roads in front of and adjoining said real estateto the center line thereof; all oil, gas, mineral, timber, sand, gravel, water, natural resourcesand other such rights; all awards for taking by condemnation or eminent domain of all or any portion of the Mortgaged Premises or any easement thereon, including awards for change of grade of streets; all insuranceproceeds and unclaimed premiums payable under policies covering the Mortgaged Premises;and all leasesaffecting the Mortgaged Premises,which leasesand all rents, royalties, income and other payments and rights thereunder are hereby assignedto Lender during the term hereof, and the possessionof such leasesand proceeds therefrom shall be delivered to Lender upon its demand. It is agreed that this Mortgage shall be considered a financing statementpursuant to the Uniform Commercial Code covering all the Borrowers' and/or Mortgagor's personal property described herein, with the debtor being Borrower and the secured party being Lender and their addressesbeing as set forth on the front page of this Mortgage. Borrower and/or Mortgagor hereby authorize Lender to file financing statementsand continuations thereof without the signature of or notice to Borrower and/or Mortgagor. BORROWER'S COVENANTS Borrower and Mortgagor covenantwith Lender as follows: 7. DEFAULT. If one or more of the following "Eventsof Default" should occur, Lender shall have such rights and remedies as are provided in the Note(s) and Loan Documents, including without limitation and at Lender'ssole option, the right to make demand or to acceleratethe whole Indebtednesssecuredhereby. No advanceneedsto be made or completed if one or more of the following events of default should occur: a.)A default for more than 30 days in the payment of: (i) amounts demanded,or any installment of principal or of interest due, or any acceleratedamount due under the Obligation(s), or under any obligation securedhereby, or under the terms of this Mortgage or any other instrument securing the Indebtedness;or (ii) any tax, water rate or assessment;or any amount not paid when due under any Loan Document; or (iii) b.)The failure of Borrower, Mortgagor or any guarantor to observe, perform timely or comply with any provisions contained in the the Note(s) Obligation(s), or otherevidence of the Indebtedness, in thisMortgage orany other instrument securing the Indebtedness,or in any Loan Agreement, Security Agreement, Guaranty or in any other legal document of any kind related to or Documents" subject hereto, or in any other obligations secured hereby (collectively called: "Loan ), or in any other obligations or any guarantor to Lender or in which Lender has an interest; or of Borrower, Mortgagor c.)A breachof any warranty, representation, covenant or agreementcontained herein, in the Obligations, or the Loan Documents , or in any other obligations of Borrower, Mortgagor or any guarantor to Lender or in which Lender has an interest; or any material misrepresentationrelating thereto or contained therein or in any loan application or financial statementsubmitted to Lender; or d.)Failure to pay within 30 days of demand, or a declared default existing for more than 30 days, on any other note(s), mortgages or other obligations of Borrower, Mortgagor or any guarantor to Lender or in which Lender has an interest; or e.)Declared default existing for more than 30 days on a mortgage or security agreementto any third party covering the Mortgaged Premisesor personal property collateral; or f.)Failure to discharge within 60 days of entry, or of affirmation on appeal, any final judgement for the payment of money against Borrower, Mortgagor or any guarantor; or g.)Borrower or Mortgagor becomesinsolvent or dissolves (if a legal entity); Borrower, Mortgagor or any guarantor files or has filed against him a petition in Bankruptcy or any equivalent action for relief in Bankruptcy Court, or enters into an assignmentfor the arrangement; or Borrower, Mortgagor or any guarantor is subject to a court order appointing a benefit of creditors or similar receiver or trustee on Borrower's, Mortgagor's or any guarantor'sbehalf. 8, USE OF LOAN PROCEEDS AND COLLATERAL. Borrower and Mortgagor covenant and agree that the proceeds of loans secured hereby shall be used only for the purposes set forth in the application therefor or specified by Lender; that the Mortgaged Premises herein described shall be maintained in a good and husbandlike manner, including the use of prudent and appropriate agricultural practices and soil conservation techniques; that the buildings, improvements and fixtures on Mortgaged Premises shall be gas, or water shall not be sold, leased or otherwise kept in good repair; that any natural resdurces, including timber, topsoil, oil, exploited without the prior written consentof Lender; that landfill operations, the spreading of sludge, studge-derived products or other waste, or the deposit of hazardousor toxic substances,materials or waste, other than materials ordinarily used for agricultural purposes and used in accord with applicable laws, shall not be permitted without the prior written In addition, neither consent of Lender. PAGE2 OF7 FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 U R1622PAGE 52 Borrowernor Mortgagor shall not comL aor su er tlie commission of waste of Mort d Premises. Borrower and Mortgagor hereby grants to Lender, for as long as this Mortgage remains in effect, the irrevocable right to enter the Mortgaged Premises at reasonable times to conduct inspections, environmental audits or take such other actions as Lender, in its sole discretion and without Premises' condition and Borrower's any obligation to do so, may reasonably require to ascertain, to verify or to monitor the Mortgaged and/or Mortgagor's compliance with all applicable laws and regulations and with the Covenants of this Mortgage. Unless otherwise agreed in writing, all costs of any environmental audits and inspectionsshall be borne by Borrower. 9. TITLE WARRANTY. Mortgagor warrants that Mortgagor has good and marketable title to the Mortgaged Premises; and that Borrower and Mortgagor shall defend such title against all claims and demands. 10. LIENLAW. In compliance with Section 13 of the Lien Law, Borrower shall receive the advancessecured hereby and the right to receive such advancesas a trust fund to be applied first for the purpose of paying the cost of the improvement, and shall apply such advance(s) to payment of samebefore using any part for any other purpose. 11. BUILDINGS. No building, structure or improvement on the Mortgaged Premisesshall be removed, demolished, or substantially changedwithout the prior written consentof Lender. 12. NO SALE OR LEASE. Borrower and Mortgagor covenant and agree that, after the date hereof, none of the following actions shall be taken or permitted without Lender's prior written consent: a.) of legal or equitable title to all or any part of the Mortgaged Premises by anyone other than those in whom title Acquisition is vested on the date hereof; or b.)All or any part of the Mortgaged Premises becoming subject to either a leasefor a term exceeding one year or an installment sales contract, whether or not title passes;or c.)Any stockholder or partner of principal, the undersigned legal entity or an entity guaranteeing the Indebtedness selling or otherwise transferring his/her ownership, stock or partnership interest in such entity. 13. ENVIRONMENTAL REQUIREMENTS. Borrower and Mortgagor shall comply strictly with the requirements of all applicable federal, state and local environmental laws, rules and regulations affecting the Mortgaged Premises and shall not become involved in operations on the Mortgaged Premisesor other locations which could lead to Borrower's, Mortgagor 's or Lender's liability thereunder. In the event either Borrower or Mortgagor fails to so comply, Lender, at its sole option but without any obligation to do so, may give such notices, incur such expense,take such actions or causesuch work to be performed on the Mortgaged Premisesor take any and all other actions as Lender deemsnecessaryor prudent to cure such failure of compliance. Any amounts paid as a result thereof, together with interest at the highest rate set forth in the Obligations, shall be due and payable from Borrower to Lender on demand, and until paid shall becomea part of the Indebtednesssecured hereby with the samelien priority, notwithstanding any limitation of Indebtedness otherwise provided for herein, and the same may be collected as part of the principal debt in any suit heroon or upon the Note(s) or other obligations secured hereby. Borrower and severally agree to indemnify, defend and hold and Mortgagor do hereby jointly Lender harmlessof and from any and all: liabilities, liens, assessments,suits, damages,judgments, costs and expenses,environmental audit fees and costs,attorney fees, consultant's fees, clean up costs,removal or responsecosts arising out of the presence,handling and disposal of hazardous or toxic wastes, materials or substancesof any kind whatsoever in connection with the Mortgaged Premises, without limitation including over the lien hereof, or arising out of any requirement of any the assertion of any lien taking priority applicable law, rule or regulation. Borrower and Mortgagor eachrepresentand warrant to Lender that: a.)To the best of Borrower'sand Mortgagor's knowledge,the Mortgaged in Premises are compliancewithallapplicable environmental laws, rules and regulations. b.)To the best of Borrowers and Mortgagor's knowledge, Borrower and Mortgagor has made full disclosure to Lender of: all now known or reasonably suspected environmental problems or conditions on oradjacent to the MortgagedPremises, and all federal, state and local authorities affecting Borrower, Mortgagor environmental orders or agreementswith or the Mortgaged Premises. c.)If environmental contamination or non-compliance with applicable laws, rules and regulations affecting Borrower, Mortgagor or the Mortgaged Premisesis discovered during the term of this Mortgage, Borrower and/or Mortgagor shall: (i)inunediately notify Lender of the same; (ii)promptly undertake at Borrower's and/or Mortgagor's own expense any remedial action, removal or compliance measures required; PAGE3 OF7 FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 . UBER 16 2 2 PAGE 53 promptly reimburse Lender for all sums Lender expendsunder this Environmental Requirements section or becomesliable to (iii) expend under applicable laws, rules and regulations. Borrower and/or a Mortgagor acknowledge and agree that any determination by Lender of compliance with environmental laws is made solely for Lenders own benefit. Such determination(s) shall not be disclosed to third parties or relied upon by Borrower or any third party. All provisions of this Environmental Requirements section, including but not limited to indemnification, shall survive the discharge or other cancellation of this Mortgage and the Obligations. 14. INSURANCE. Borrower and Mortgagor shall keep the Mortgaged Premisesinsured against loss by fire, with extended coverage endorsement,and such other hazards(and in such amounts) asLender may require, for the benefit of Lender, and naming Lender as the Insured.Allpolicies shall have endorsed thereon the standard New York mortgagee clause in the name of Leader. Borrower and Mortgagor shall also, on Lender's demand, furnish evidence of coverageto Lender and assign and deliver such policies to Lender. In the event of foreclosure of this Mortgage, Lender shall succeedto all the rights of Borrower and/or Mortgagor in and to all policies required by Lender, Federal Flood Insurance (if required hereunder. If public qualifies), property insurance, workman's liability compensation insurance and other specified kinds of insurance shall be carried by Borrower and/or Mortgagor. Terms ofany insurance policy required hereunder shall provide for at least 30 days prior written notice to Lender of cancellation or modification. Lender shall not be liable to Borrower, Mortgagor or anyone else if insurance lapses; and Lender shall have no duty to notify either Borrower or Mortgagor of such lapse of insurance coverage. Lender, without obligation to do so, may obtain insurance and pay any late or delinquent insurancepremiums related to the Mortgaged Premises. In such event, Lender, at its sole option, may: a) Obtain from Borrower and/or Mortgagar reimbursement for any such amountspaid plus interest as set forth in the Obligations, which amount shall be payable by Borrower and/or Mortgagor on Lender's demand; or b) Add such amount to the Indebtednesssecured hereby with interest and according to the terms of the applicable Obligation(s), despite the aforesaid limit on the maximum amount securedhereby; or c) Declare Borrower in default hereunder, subject to Borrowers right to cure within 30 days after Lenders notice and demand.Upon demand from Lender, Borrower shall surrender immediately all insurancepolicies covering the Mortgaged Premises,which policies in the event of foreclosure shall become the property of Lender, with full authority in Lender to make claims, to settle, compromise or disposeof sameat its sole discretion for application to the Obligations securedhereby. 15. TAXES, LIENS, JUDGMENTS AND ASSESSMENTS. Borrowerand/or Mortgagar shall pay when due all taxes, liens, judgments, assessments,water rates and environmental clean up costs affecting the Mortgaged Premises or the lien hereof; and Borrower and/or Mortgagor shall furnish evidence of payment of sameon Lenders demand. If Borrower and/or Mortgagor fails to pay the same, Lender, at its sole option, may: a) Pay the same and add such amount to the Indebtedness secured hereby with interest and according to the terms of the Obligation(s) secured hereby, despite the aforesaid limit on the maximum amount secured hereby; or b) Obtain from Borrower and/or Mortgagor reimbursement of the amount paid plus interest under the applicable Obligation(s), which amount shall be payable by Borrower on Lender's demand; or c) Declare Borrower in default hereunder, subject to Borrower's right to cure within 30 days after Lender s notice and demand. 16. RECORDING TAXES AND PENALTIES. Borrower and/or Mortgagor shall pay any and all recording taxes and penalties thereon required by law to be paid in connection with this Mortgage and all loans and advances secured hereby. In the event that Lender is required to pay the same, Borrower shall fully reimburse Lender on demand with interest at the rate or rates prescribed by Lender in effect on the date thereof, and the amount so paid by Lender with interest shall be a lien of the same priority on the Mortgaged Premisesand secured by this Mortgage. 17. SET-OFF.Immediately upon Borrower's default and without notice to either Borrower and/or Mortgagor, Lender shall have the right to set-off and apply to the Obligations, in such manner as Lender in its sole discretion may determine, any and all sums credited by or due from Lender to Borrower, whether in transit or in the possessionof Lender. Such sums shall at all times constitute additional security for the Obligations securedhereby. 18. NON WAIVER. Waiver by Lender of the breach of any terms or covenants, or the failure of Lender to exercise any option given to it, or the granting by Lender of any forbearance, restructuring or "borrower rights" (as may be required or allowed under the Farm Credit Act or other applicable law or regulations) shall not be deemedto be a waiver of any subsequentbreach of the samecovenant or the breach of any other covenant, or of Lenders rights thereafter to exercise any such option. Nothing herein or in any Loan Document shall limit or waive Lender's right to make demand under any demandobligation securedhereby. Any provision of this Mortgage may be waived only by a writing, signed by an authorized representativeof Lender. 19. COLLECTION COSTS AND FEES. Borrower and severally agrees to pay all costs, charges and and/or Mortgagor jointly expenses,including reasonable attorneys fees, which are: incurred by Lender in connection with preserving or protecting Lender's rights and interestsunder the Obligations or this Mortgage or the Loan Documents whether or not a legal action is filed; or incurred by Lender in the event of suit on the Obligations, Loan Documents or this Mortgage; or incurred in other legal proceedings for the PAGE4 OF7 FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2022 UBER 1 6 2 2 PAGE 54 . of the Indebtedness secured . collection Lender; or incurred in any other legal .by; or incurred in any foreclosure brought proceeding to protect or sustain any mortgage or lien granted as security for the debt secured hereby; or incurred in any litigation or controversy, including any action in Bankruptcy Court, affecting, arising from or connected with the Obligations, Loan Documents or Such amounts together with interest as provided for in the Obligations shall be added to the unpaid principal balance this Mortgage. hereof, notwithstanding the maximum amount of Indebtednessdescribed above; shall be evidenced by the Obligations and secured by this Mortgage; and shall be a lien with the samepriority on the Mortgaged Premises. Borrowerand/or Mortgagor further agree to pay all reasonable fees, costs and expenses for allenvironmental audits or other environmental evaluations of the Mortgaged Premises, updates of environmental audits or evaluations, appraisals of the Mortgaged other valuation services or professional opinions which Premises, appraisal updates or may be required by Lender, in its sole discretion, from time to time in connection with this loan or the collection of the Indebtedness,All sums owing for such services shall be payable on Lender's demand. If unpaid for thirty (30) days after demand, such unpaid sum, at Lender's sole discretion, may either constitute a default on this Mortgage, or it may be added to the unpaid principal balance of the loan and secured by this Mortgage as a lien of the samepriority. 20. SALE OF COLLATERAL. AIILender's rights to personal property security and the Mortgaged Premises, in Lender's sole discretion, may be exercised either together or separately. Lender, in its sole discretion, may sell personal property security either separately from or together with real property security, whether or not the aggregateproceedsthereof exceed the Indebtednesssecured hereby. At any sale, any combination of all of the security may be offered for sale for one total price and the proceeds of such sale accounted for in one account, without distinguishing between items of security or assigning to separatesecurities proportions of the proceeds. If in the exercise of the power of sale, Lender electsto sell in parts or parcels,such sales may be held from time to time, and the power shall not be fully executed until all of the personal property security and real property security has been sold. In case of a foreclosure sale, the Mortgaged Premises, or so much thereof as may be affected by this Mortgage, may be sold in one parcel or multiple parcels, at Lender's sole discretion. 2L APPOINTMENT OF RECEIVER. Lender in any action to foreclose this Mortgage shall be entitled to the appointment of a receiver. 22. FINANCIAL INFORMATION. At Lender's request, Borrower shall provide, in a form acceptable to Lender, a current balance sheetand income statement annually and at such other additional times asLender may requestin connection with the Obligations. 23. STATEMENT OF AMOUNT DUE. six days of its receipt of a request in person or within Lender, within days of its thirty receipt of a request by mail, shall furnish a written statement,duly acknowledged, of the amount due on this mortgage and whether any offsets or defensesexist against the Mortgage Indebtedness. 24. BINDSHEIRS, EXECUTORS AND ASSIGNS. The covenants, agreementsand conditions contained herein shall bind and inure to the benefit of the heirs, executors, administrators, successorsand assignsof the parties hereto. The term "Lender" as used herein, shall be construed to include any lawful holder of this Mortgage. 25. SEVERABILITY. If any provision of the Note(s), this Mortgage, the Loan Documents or any other obligation secured hereby, or any other document given to securethe said Indebtednessshall be determined to be invalid, inapplicable to any party or unenforceable, applicability or enforceability of any other provision of that instrument or of any other such determination shall not affect the validity, instrument. 26. NOTICE.Notice, demandor requestof either party hereto shall be in writing and shall be served in person or by mail. 27. GOVERNING LAW. This Mortgage is subject to the provisions of the Farm Credit Act of 1971 and all acts amendatory thereof or supplementary thereto; and shall be interpreted according to the law of the State of New York. Allcovenants hereof which are in addition to thoseset forth in Sections254 and 291-f of the Real Property Law shall be construed as affording Lender rights in addition to and not exclusive of the rights conferred under such sections. In the event of foreclosure, Lender shall be entitled to recover the additional all