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<br />88- 104341 <br /> <br />assessments and charges payable by the Mortgagor under this <br />Mortgage, and (3) all amounts payable as interest on and <br />principal of, the Note, without prepayment penalty or charge, <br />together with any additions to the mortgage debt under this <br />Mortgage, and to the extent that such insurance proceeds are <br />available to pay said items (1), (2), and (3), the Mortgagee <br />shall pay the same and the Mortgagor shall be relieved of its <br />obligation so to do. All such insurance proceeds not deemed <br />necessary, in Mortgagee's sole opinion, to pay the above items, <br />shall be paid over to Mortgagor. <br /> <br />1.3 Payment of Taxes, Assessments and <br />Insurance Premiums <br /> <br />The Mortgagor shall, before any penalty attaches thereto, <br />pay and discharge or cause to be paid or discharged all taxes, <br />assessments and governmental charges imposed upon or against the <br />Mortgaged Property or upon or against the Note and the <br />indebtedness secured hereby or upon or against the interest of <br />the Mortgagee in the Mortgaged property or in the Note o~ the <br />debt secured hereby and will not suffer to exist any mechanics, <br />statutory or other lien on the Mortgaged Property or any part <br />thereof which might or could be held to be equal or prior to the <br />lien of this Mortgage except for Permitted Encumbrances defined <br />on Exhibit HAn. It the Mortgagee is required by legislative <br />enactment or judicial decision to pay any such tax, assessment or <br />charge, the Note and any accrued interest thereon together with <br />any additions to the mortgage debt shall be and become due and <br />payable at the election of the Mortgagee, without prepayment , <br />premium or charge six (6) months after notice of such election to <br />Mortgagor; provided, however, said election shall be unavailing <br />and this Mortgage and the Note shall be and remain in effect as <br />though said law had not been enacted or said decision had not <br />been rendered if, notwithstanding such law or decision, the <br />Mortgagor lawfully pays such tax, assessment or charge to or for <br />Mortgagee. <br /> <br />1.4 Payment of Utility Charges. <br /> <br />Mortgagor shall pay all charges made for electricity, gas, <br />heat, water, trash and garbage removal or sewer furnished to or <br />used in connection with the Mortgaged Property and will, upon <br />request by the Mortgagee, furnish proper receipts showing such <br />payment. <br /> <br />1. 5 Liens. <br /> <br />Mortgagor will keep the Mortgaged Property free from all <br />liens and encumbrances of every nature heretofore or hereafter <br />arising, excepting only such liens and encumbrances as are <br />enumerated on Exhibit nAn attached hereto as Permitted <br />Encumbrances. Mortgagor will promptly pay, from time to time <br />when the same shall become due, all claims and demands of <br />mechanics, materialmen, laborers, and others which, if unpaid, <br /> <br />-6- <br /> <br />u <br />