5.2 ContinYing Secyrity: (a) This mort gage and the security created by it continues in effect as security for the due payment of the secur ed moneys until it is re lease d, even Ifinthe meantime andfrom time to time,youraccount( s)with usor that of a borrower is In credit a nd notwith standi ng any se ttlemen t of account made with you or a borrower. 5.4 No Prejudice: This mort gage an d the obli gatio ns you have unde r it , ar e in addition to anddo notmergewi th or affect: (a) any ot her securi ty or negotiabl e instr ument we may hold for the time being fr om you, a borrower , or another person; (b) any oth er cl ai m we may haveor ri ght we ma y be able to exerc ise again st you,the borro wer oranotherperson; (b) If ther e are no secured moneys outsta nding and no obliga tion (actual or contin gent)relating to the payme nt of the sec ured moneys and: (e) anyjud gment ororderwe mayobtai n against you, a borrower or another person. f I , (I ) if the re is no r ea so n ab le p os s ibi li ty t ha t any of the secured moneys wil l hav e to be refund ed under the law; and (ii ) we ar e un de r no exis ti ng obli gation to pr ovide, or to continue to provide banking or other financial services to you or any borrower; you may request us to release this m or t gage wh i ch we may do by providingyou with a writte n discharge in a form acceptabl e to us. In addit ion, the exi stence of any other security or negotiable instrumen t is not to affect our rights un der this mortgage. 5.5 Related sec uri tjes; If a def aul t occurs under thismortgage,th atdefaultis deeme d to have occur red undereachother related sec uri ty and under each ag reement cov ere d by this mortg age. However, it is up to us to decide whether we are to exerc ise our rights un der this mortgage , each agreement covered b y this m or tg age and ea ch of th e related sec uri ties at Ihe same ti me or at di ffer ent time s or at all. :- (e) If the pro per ty is subjec t 10 a trust, an d you have signe d any agree ment covered by th is mor tgage or any rel ated securi ty as tr ustee of that trust, you contin ue to be liable under this mortgag e after you stop being trustee unt il we giv e you a wri tten discharge, (d ) We are not obliged to marshal any sec uri ty we now ho ld or we late r tak e from you (incl udingthis mortg age) or any funds or asse ts over which we may have a ciaim or entitlement to receive. 5.3 Priori ty 0/ Security: The maximum amount inserted under the heading .Priori ty Amount" in Ihe memoran dum of mortgage you ha ve sign ed or are to si gn is a stateme nt made for our benefit and for the purpo ses of section BOA(2) of the Property LawAct 1952, Itis notintendedas implyi ng that: 5. 6 Un cond it ionali ty of Secu ri ty : This mortga ge, the securitycreatedunderit, and the rights we haveand the obliQations you have underthis mortgagear e not affect ed: (a) by any ex tr atime wemay give, orany conce ssion , acce ptanceof payme nt. negotiable Instrumentor security we maytake, orany compr omise or other indul gence we may make or grant to you, a borrower, a CD-guarantor,or another person; (b) any deci sion on o ur p ari to incre ase or cancel or otherwise vary any of yo ur credit l im i ts or thos e of a borrower, a co-gu arant oror anothe r person; (e) If for any rea son(le galor otherwise ), we are unable to recoverthe whole or any part of the secured moneys from you,a borro wer, a co-gu arantor or another person; (a) we wi ll provi de ba nking and financ ial servi ces to you and/or any borrower up to the priority limit; or (d) by any failure on ou r part to make demand on, or enfo rce our rights against, you, a borrower, a co- guara ntor, or anothe r perso n; 7 (b) that the pri or it y li mi t is the total amoun t tha t this mortga ge is capab le of securing. j " l . -----------------------
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8/2/2019 Mortgage Discharge
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5.2 ContinYing Secyrity:
(a) This mortgage and the securitycreated by it continues in effect as
security for the due payment of thesecured moneys until it is released,
even If inthe meantime andfrom time
to time,youraccount(s)with usor thatof a borrower is In credit and
notwithstanding any settlement of
account made with you or aborrower.
5.4 No Prejudice: This mortgage and the
obligations you have under it, are in
addition to anddo notmergewith or affect:
(a) any other security or negotiable
instrument we may hold for the timebeing from you, a borrower, oranother person;
(b) any other claim we may haveor right
we ma y be able to exercise againstyou,the borrower oranotherperson;
(b) If there are no secured moneys
outstanding and no obligation (actualor contingent)relating to the paymentof the secured moneys and:
(e) anyjudgment ororderwe mayobtain
against you, a borrower or anotherperson.
fI~,
(I) i f there is no reasonablepossibility that any of thesecured moneys will have to
be refunded under the law; and
(i i) we are under no existing
obligation to provide, or to
continue to provide banking or
other financial services to youor any borrower;
you may request us to release this
mortgage which we may do byprovidingyou with a written dischargein a form acceptable to us.
In addition, the existence of any other
security or negotiable instrument is not toaffect our rights under this mortgage.
5.5 Related securitjes; If a default occurs
under thismortgage,thatdefaultis deemedto have occurred undereachother related
security and under each agreementcovered by this mortgage. However, it
is up to us to decide whether we are toexercise our rights under this mortgage,
each agreement covered by this
mortgage and each of the related
securities at Ihe same time or at differenttimes or at all.
:-
(e) If the property is subject 10 a trust,
an d you have signed any agreementcovered by this mortgage or any
related security as trustee of thattrust, you continue to be liable under
this mortgage after you stop beingtrustee until we give you a writtendischarge,
(d ) We are not obliged to marshal any
security we now hold or we later take
from you (includingthis mortgage) orany funds or assets over which we
may have a ciaim or entitlement toreceive.
5.3 Priority 0/ Security: The maximum amount
inserted under the heading .Priority
Amount" in Ihe memorandum of mortgageyou have signed or are to sign is a
statement made for our benefit and for the
purposes of section BOA(2)of the Property
LawAct 1952, Itis notintendedas implyingthat:
5.6 Unconditionality of Security: Thismortgage, the securitycreatedunderit, andthe rights we haveand the obliQationsyou
have underthis mortgageare not affected:
(a) by any extratime wemaygive, orany
concession, acceptanceof payment.negotiable Instrumentor security we
maytake, orany compromiseor other
indulgence we ma y ma k e or grant to
you, a borrower, a CD-guarantor,oranother person;
(b) any decision on our pari to increase
or cancel or otherwise vary any of
your credit limits or those of a
borrower, a co-guarantoror anotherperson;
(e) If for any reason(legalor otherwise),
we are unable to recoverthe whole
or any part of the secured moneys
from you,a borrower, a co-guarantoror another person;
(a) we will provide banking and financial
services to you and/or any borrowerup to the priority limit; or
(d) by any failure on our part to make
demand on, or enforce our rightsagainst, you, a borrower, a co-
guarantor, or another person;
7
(b) that the priority limit is the total
amount that this mortgage is capableof securing.
j" l
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