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A <br />86, 106169 <br />6. Performance by Mort a ee. Mortgagee may, but shall <br />have no obligation to, do any act which the Mortgagor has agreed <br />but failed to do, and Mortgagee may also do any act Mortgagee <br />deems necessary to protect the lien hereof. Mortgagor agrees to <br />repay, upon demand, any sums so expended by the Mortgagee for the <br />above purposes, and any sums so expended by the Mortgagee shall <br />be added to the indebtedness secured hereby and become subject to <br />the lien hereof. Mortgagee shall not incur any personal lia- <br />bility because of anything the Mortgagee may do or omit to do <br />hereunder. <br />7. Default; Assignment of Rents. Time is of the essence <br />hereof, anff upon Mortgagor's detault in any covenant or agreement <br />of this Mortgage, including covenants to pay when due the sums <br />secured by this Mortgage, the Mortgagee shall be entitled, at <br />Mortgagee's sole option and without notice, to declare all sums <br />secured by this Mortgage to be immediately due and payable and <br />may commence foreclosure of this Mortgage by judicial <br />proceedings; and, provided further, that upon such default the <br />Mortgagee, or a receiver appointed by a Court, may, at his option <br />and without regard to the adequacy of the security, enter upon <br />and take possession of the property, collect the rents, issues <br />and profits therefrom and apply them first to the cost of <br />collection and operation of the property and then upon the <br />indebtedness secured by this Mortgage; said rents, issues and <br />profits being assigned to the Mortgagee as further security for <br />the payment of the indebtedness secured hereby. <br />8. Transfer of _Pr_o_g_e_rty. If all or any part of the <br />property is sold r trans e� rred by the Mortgagor, Mortgagee may, <br />at his sole option, declare all sums secured by this Mortgage to <br />be immediately due and payable. <br />9. Miscellaneous Provisions. <br />A. Any forbearance in exercising any right or remedy <br />shall not be a waiver thereof. <br />B. All remedies provided herein are distinct and <br />cumulative to any other right afforded by law or equity, and may <br />be exercised, concurrently, independently or successively. <br />C. The covenants and agreemer.ts contained herein <br />shall bind, and the rights inure to the respective successors, <br />heirs, and assigns of the Mortgagor and the Mortgagee. <br />D. All covenants and agreements of the Mortgagor are <br />joint and several. <br />E. The headings of the paragraphs of this Mortgage <br />are for convenience only and shall not be used to interpret or <br />define the provisions hereof. <br />10. Release. Upon payment of all sums secured by this <br />Mortgage, Mortgagee shall discharge this Mortgage and shall <br />execute and deliver a satisfactory release therefor. <br />IN WITNESS WHEREOF, the Mortgagor has caused the above and <br />foregoing Mortgage to be executed by and through its President <br />this day of October, 1986. <br />O.V. DEVELOPMENT, INC. <br />By R��#7 �4 &a--- <br />its President <br />�m <br />1 <br />