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89104217
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Last modified
10/20/2011 7:30:39 AM
Creation date
10/20/2005 9:51:44 PM
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DEEDS
Inst Number
89104217
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F <br />"' 104217 <br />of the covenants, terms or- conditions herein contained, or in <br />any loan documents, or in any securing agreement <br />aforedescribed, time and the exact performance of each and all <br />of Mortgagors covenants and obligations being. material and of <br />the essence hereof, then, on the happening of. * any one or more <br />of such defaults, the entire principal sum then remaining and <br />all interest accrued thereon shall, at the election of the <br />Mortgagee, and without notice of such election, at once become <br />due and payable, anything in said note or herein contained to <br />the contrary notwithstanding. Thereupon Mortgagee shall have <br />the right to immediately foreclose this Mortgage and shall have <br />all other rights and rea6dies that law ind equity provide. <br />9. That the cotenants, conditions, -.-head terms herein <br />contained shall bind, and the benefits and. ::advantages shall <br />inure to, the respective: successors and assigns of .the parties <br />hereto. The term "Mortgagor" shall include t}ie' original <br />Mortgagor, its successors and assigns, and any future owner. -.of <br />tbe, mortgaged prerAises. Whenever used herein, the sing 'mlar <br />number shall include the plural;, the plural shall include "-the <br />singular, any gender used. shall' be applicable to all genders, <br />and the term "Mortgagee°'. •:'shall include the payee of the Note <br />hereby secured or any holder,::transferee or endorsee thereof, <br />whether by operation of law or otherwise. Leases shall include <br />not only leases of -the surface real estate but also oil, gas, <br />and other mineral leaser.. <br />10. No remedy conferred upon or reserved to Mortgagee. in <br />this Mortgage or any other securing agreement is intended tq be <br />exclusive of any other remedy or remedies (and each and every <br />such remedy shall be conmulative, and shall be in addition to <br />every other remedy given hereunder, or now or hereafter) <br />existing, at law, in eiulty or by statute. No delay or <br />omission of Mortgagee to exercise any right or power accruing <br />upon any default shall im -gair any such right or power, or shall <br />be construed to be a w4iver of any such default' or any <br />acquiescence therein; and every power and remedy given by this <br />Mortgage to the Mortgagee may be exercised fraro, time to time , 'ss <br />often as may be deemed expediernt to Mortgagee. <br />11. The provisions af. this Mortgage shall be severable and <br />if any word, phrase, or provision hereof is determined to be <br />unenforceable, the remaining words, phrases, and provisions <br />shall remain valid and enforceable and unaffected thereby. <br />Provided, always, that whenever the Obligors or Mortgagor <br />shall have fully paid the aforesaid Note secured hereby and all <br />interest thereon and all other sums secured hereby and secured <br />by any securing agreement given in connection with this loan <br />shall have well and truly performed all and singular the <br />_J�_ <br />1� <br />w <br />
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