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<br />83--~~~0~.~
<br />the inverse order or maturity, and if the Secured Indebted-
<br />ness is paid in full, any remaining excess shall be paid to
<br />Grantor. In determining whether or not the interest paid or
<br />payable, under any specific contingency, exceeds the highest
<br />lawful rate, Grantor and Holder shall, tq the maximum extent
<br />permitted under applicable law, (a) characterize any nonprin-
<br />cipal payment as an expense, fee or premium rather than as
<br />interest, (b) exclude voluntary prepayments and the effects
<br />thereof, and (c) "spread" the total amount of interest
<br />throughout the entire term of the note so that the interest
<br />rate is uniform throughout the entire term of the note.
<br />5.4 In the event Grantor or any of Grantor's successors
<br />conveys his interest ir. the Mortgaged Property, or any part
<br />thereof, to any other party, Holder may, without notice to
<br />Grantor or Grantor's successors deal with any owner of any
<br />part of the Mortgaged Property with reference to this Mort-
<br />gage and the Secured Indebtedness, either by way of forbear-
<br />ance on the part of Holder, or extension of time of payment
<br />of the Secured Indebtedness, or release of all or any part of
<br />the Mortgaged Property, or any other property securing pay-
<br />ment of the Secured Indebtedness, tiaithout in any way modify-
<br />ing or affectira Holder's Rights and Liens hereunder or the
<br />liability of Grantor or any other party liable for payment of
<br />the Secured Tndebtedness, in whole or in part.
<br />5.5 Grantor hereby waives all rights of marshaling in
<br />event of any foreclosure of the liens and security interests
<br />hereby created.
<br />~.b Holder shall be entitled to receive any and all sums
<br />which may be awarded or become payable to Grantor for the
<br />condemnation of the Mortgaged Frogerty, or any part thereof,
<br />for public cr quasi-public use, or by virtue of private sale
<br />in lieu thereof, and any sums which may be awarded or become
<br />payable to Grantor for damages caused by public works or
<br />construction cr: or near the Mortgaged Property. All such
<br />sums are hereby assigned to Holder, and Grantor shall, upon
<br />request of Holder, make, execute, acknowledge and deliver any
<br />and all additional assignments and documents as may be neces-
<br />sary from time to time to enable Holder to collect and re-
<br />ceipt for any such sums. Holder shall not be, under any
<br />circumstances, liable or responsible for failure to collect,
<br />or exercise diligence in the collection of, any of such
<br />sums.
<br />5.7 Holder may collect the proceeds of any and all
<br />insurance that may become payable ~•rith respect to the Mort-
<br />gaged Property, or any part thereof, and, at its option, may
<br />use the same to rebuild or restore the improvements on the
<br />Mortgaged Property or may apply the same to the Secured
<br />Indebtedness in the order and manner set forth in Section -
<br />3.1Q hereof, whether then matured or to mature in the future,
<br />and may deduct therefrom any expenses incurred in connection
<br />with the collection or handlira of such proceeds, it being
<br />understood that Holder shall not be, under any circumstances,
<br />liable or responsible for failure to collect, or exercise
<br />diligence in the collection of, any of such proceeds.
<br />5.8 At the request of Holder, Grantor shall create a
<br />fund or reserve for the payment of all insurance premiums,
<br />texas and assessments against the Mortgaged Property by
<br />paying to Holder contemporaneously with each installment of
<br />principal and interest on the note a sum equal to the premi-
<br />ums that will next became due and payable on the hazard
<br />insurance policies covering the Mortgaged Property, or any
<br />paxt thereof, plus taxes and assessments next due on the
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