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200212490
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Last modified
10/15/2011 9:54:14 AM
Creation date
10/22/2005 10:36:48 PM
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DEEDS
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200212490
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200212490 <br />of eminent domain, with any amounts which Mortgagee may receive to be applied to the <br />unpaid principal balance of the Note in the inverse order of maturity, without any reduction <br />in the amount of principal and interest payments. In the absence of mutual agreement, <br />Mortgagee shall receive such proportion of the proceeds as is equal to the proportion <br />which the sums secured by this Mortgage immediately prior to the date of payment of the <br />amount received. Mortgagors shall receive any balance of the proceeds. <br />12. Assignment of Rents. <br />As additional security, Mortgagors hereby assign to Mortgagee the rents, profits and <br />income of the Property, provided that Mortgagors shall, prior to acceleration hereunder or <br />abandonment of the Property, have the right to collect and retain such rents, profits and <br />income as they become due and payable. On acceleration as provided herein, or <br />Mortgagors' abandonment of the Property, Mortgagee, in person or by agent or by judicially <br />appointed receiver, shall be entitled to enter upon, take possession of, and manage the <br />Property and collect the rents, profits and income of the Property. All rents, profits and <br />income collected by Mortgagee, or the receiver, shall be applied first to payment of costs <br />of managing the property and collection of rents, profits, and income, including, but not <br />limited to, receiver's fees, premiums on receiver's and applicant's bonds, and if allowed <br />by law, reasonable attorney's fees, and then to sums secured by this Mortgage. <br />13. Transfer of Property. <br />Should Mortgagors desire to sell or encumber the mortgaged Property or any part thereof, <br />or enter into an agreement to sell or encumber the Property or any part thereof without the <br />consent of Mortgagee, or Mortgagors permit any part of the Property or interest therein to <br />become subject to a lien of any kind without Mortgagee's consent, Mortgagee, at <br />Mortgagee's option, can declare the entire indebtedness remaining due and unpaid <br />secured hereby immediately due and payable and exercise any remedies available to <br />Mortgagee under the provisions of this Mortgage. <br />14. Default. <br />Should Mortgagors fail to make any payment due hereunder, attempt to assign or convey <br />any part of the Property or create any encumbrance thereon without prior written consent <br />of Mortgagee, except for conveyance made under threat of exercise of eminent domain; <br />or should Mortgagors breach any other covenant or agreement of Mortgagors in this <br />Mortgage or the Note it secures, Mortgagee, at its option, may: <br />a. Receive interest upon the principal balance, all accrued interest, advancements for <br />protection of security and interest thereon at the default rate provided in the Note this <br />Mortgage secures from the due date of the installment or the date of other default to the <br />date of payment; <br />b. Declare the entire principal balance immediately due and payable, whereupon the <br />principal balance, all accrued interest, advancements for protection of security and interest <br />
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