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2 01309287 <br />TO HAVE AND TO HOLD the Mortgaged Property unto the Mortgagee, its successors <br />and assigns forever, for the purpose of securing unto the Mortgagee: <br />(a) The payment of the principal sum of One Hundred Twenty Five Thousand and 00/100 <br />Dollars ( $ 125,000.00 ) and interest thereon as provided in a certain Promissory Note executed <br />and delivered by the Mortgagor in favor of the Mortgagee of even date herewith and made an <br />integral part of this Mortgage Deed as Exhibit "A" and any modification, renewal or extension <br />thereof; <br />(b) The performance and observation of, and compliance with each and every obligation, <br />covenant, warranty, agreement, term, provision, and condition contained in the Promissory Note <br />dated of even date herewith executed and delivered by the Mortgagor in favor of the Mortgagee <br />and any modification, extension and renewal thereof; <br />© The performance and observance of, and compliance with, each and every obligation, <br />covenant, warranty, agreement, term, provision, and condition contained in all other Loan <br />Documents executed and delivered by the Mortgagor in favor of the Mortgagee having reference <br />to and arising in connection with the Promissory Note, this Mortgage Deed, including but not <br />limited to assignments of rents and leases, guarantees, and other documents; <br />(d) The payment of all other sums incurred or advanced by the Mortgagee or otherwise <br />becoming due and payable under the provisions of the Promissory Note, Mortgage Deed, and <br />interest thereon. <br />PROVIDED HOWEVER, that if the Mortgagor shall promptly pay or cause to be paid <br />to the Mortgagee the principal and interest payable under the Promissory Note, at the times and <br />in the manner stipulated therein, and in this Mortgage Deed, and all other sums due hereunder <br />and in any other Loan Document, all without deduction or credit for taxes or similar charges paid <br />by the Mortgagor, and shall keep, perform and observe all of the covenants and promises in the <br />Promissory Note, in this Mortgage Deed, and in all other loan documents, to be kept, performed <br />and observed by the Mortgagor, then this Mortgage Deed, and all properties, interest and rights <br />hereby granted, conveyed and assigned shall cease and be void, but shall otherwise remain in full <br />force and effect. <br />NOW THEREFORE, the Mortgagor covenants and agrees with the Mortgagee as <br />follows: <br />I. WARRANTY OF TITLE. Mortgagor covenants and warrants that it is seized of an <br />indefeasible estate in fee simple in the Property hereby mortgaged, has good and absolute title to <br />all existing personal property hereby mortgaged or made subject to the security interest hereby <br />created, and has good right, full power and lawful authority to convey, mortgage and encumber <br />the same as provided herein; that the Mortgagee may at all reasonable times peaceably and <br />quietly enter upon, hold, occupy and enjoy the Property hereby mortgaged and every part <br />thereof. Mortgagor shall and will make such further assurances to perfect Mortgagee's fee <br />simple title to the Property hereby mortgaged and will forever defend the same against the claims <br />of all persons whomsoever. <br />II. PERFORMANCE ON MORTGAGE DEED AND PROMISSORY NOTE. <br />Mortgagor shall perform, observe and comply with all provisions hereof, of the Promissory Note <br />and of all other loan documents, and will promptly pay to the Mortgagee the principal with <br />interest thereon and all other sums required to be paid by the Mortgagor under the Promissory <br />Note and pursuant to the mortgage deed and all other loan documents when payment shall <br />become due, all without deduction or credit for taxes or other similar charges paid by the <br />Mortgagor. <br />III. PAYMENT OF TAXES, LIENS AND OTHER CHARGES. <br />Mortgagor shall pay promptly, when due and owing, and shall promptly exhibit to the Mortgagee <br />receipts for the payment of all taxes, assessments, dues, charges, fees, levies, fines, impositions, <br />liens for unpaid state and federal taxes, liabilities, obligations, and encumbrances of any kind and <br />nature now or hereafter imposed, levied or assessed upon or against the mortgaged property or <br />any part thereof, or upon or against this Mortgage or the indebtedness or other sums secured <br />hereby, or upon or against the interest of the Mortgagee in the Mortgaged property, and any <br />charge that if unpaid, would become a lien against and upon the Mortgaged property. <br />IV. INSURANCE. Mortgagor at its sole expense shall obtain for, deliver and maintain <br />for the benefit of the Mortgagee, during the life of the mortgage, insurance policy in such <br />amounts as the Mortgagee may require, insuring the mortgaged property against fire, extended <br />coverage, hazards, and such other insurable contingencies as the Mortgagee may require, and pay <br />promptly, when due, any policy premiums, excess policy premiums, and any renewals thereof. <br />The form of such policies and the companies issuing them shall be acceptable to the Mortgagee. <br />