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83000618
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Last modified
11/18/2008 12:53:36 AM
Creation date
11/18/2008 12:53:13 AM
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DEEDS
Inst Number
83000618
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<br />83--si00~. <br />portion of the Mortgaged Property which is fixtures or person- <br />al property to be removed from the County or State where the <br />real property is located. <br />2.3 In the event that any lien or security interest <br />shall ever exist or be created which is on a parity with, or <br />superior to, the liens and security interests created hereby, <br />Grantor warrants that no default or event of default has <br />occurred or will occur under any instrument or agreement <br />creating or giving rise to such lien or security interest, <br />.and covenants that Grantor will timely perform or cause to be <br />performed all covenants, agreements and obligations required <br />to be performed under or pursuant to the terms of any such <br />instrument or agreement. Grantor covenants that no such <br />liens ar security interests shall exist or be created, nor <br />shall any other or additional indebtedness be created and <br />secured thereby, without the express written consent of <br />Holder (which consent may be withheld with or without cause). <br />Nothing in this Section 2.3 shall be construed to authorize, <br />either impliedly or expressly, the creation ar existence of <br />any lien or security interest contrary to any warranty of <br />title or covenant contained herein, nor the taking of any <br />action by Grantor contrary to any covenant contained herein <br />including, but not limited to, the covenants contained in <br />Subsection 2.2(1) hereof. <br />2.4 Any and all covenants in this Mortgage may from time <br />to time, by instrument in cariting signed by Holder and deliv- <br />ered, be waived to such extent and in such manner as Holder <br />may desire, but no such waiver shall ever affect or impair <br />Holder's rights or liens hereunder, except to the extent so <br />specifically stated in such written instrument. <br />Article III--Respecting Defaults And Certain Remedies of <br />Holder <br />3.1 The term °default," as used herein, shall mean the <br />occurrence of any of the following everts: ta) the failure of <br />Grantor to pay the Secured Indebtedness, or any part thereof, <br />as it becomes due in accordance with the terms of the note or <br />rotes which evidence it or when accelerated pursuant to any <br />power to accelerate; or ih) the failure punctually and proper- <br />ly to perform any covenant, agreement or condition contained <br />herein; or {c) the breach by Grantor or any maker, co-maker <br />or guarantor of the Secured Indebtedness of any covenant, <br />agreement or condition contained in any other mortgage, deed <br />of trust, collateral pledge agreement, security agreement, <br />assignment, loan agreement or contract of any kind relating <br />to the Secured Indebtedness, or any part thereof, or to the <br />Mortgaged Property or any part thereof; or (d) the execution <br />by Grantor or any maker, co-maker or guarantor of the Secured <br />Indebtedness of an assignment for the benefit of creditors; <br />or (eI the levy against the Mortgaged Property, or any part <br />thereof, of any execution, attachment, sequestration or other <br />writ; or (f) the appointment of a receiver of Grantor or any <br />maker, eo-maker or guarantor of the Secured Indebtedness or <br />of the Mortgaged Property, or any substantial part thereof; <br />cr (g) the adjudieatior. of Grantor or any maker, co-maker or <br />guarantor of the Secured Zndebtedness as a bankrupt; or (h) <br />the filing by Grantor or any maker, co-maker or guarantor of <br />the Secured Indebtedness either of a petition or answer for <br />era adjudication as a bankrupt or seeking any other relief <br />under any bankruptcy, reorganization, debtor's relief ar <br />ia~solvsncy law now or hereafter existing; oz {i) the receipt <br />toy Holder of information establishing that any representation <br />ar warranty made by Grantor herein, or in any other document <br />delivered by Grantor or any maker, co-maker or guarantor of <br />_,_ <br />
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