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1982
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82002358
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Last modified
3/10/2009 5:52:34 AM
Creation date
2/28/2009 12:32:08 AM
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DEEDS
Inst Number
82002358
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<br />82° t}02358 <br />waste, and free from mechanic's or other liens not expressly sub- <br />ordinated to the lien hereof; hot to make, suf=er or permit any - <br />nuisance to e:~ist, nor to diminish or impair the value of the Property <br />by any act or omission 'to act; and to comply .with all requir:ments <br />of law with raspect to the_Property; not to make structural changes <br />or additions to the Property without prior written consent of'the <br />Mortgagee. <br />6. Gondemnatior.. In the events the Property, or any part thereof, <br />shall he taken by°eminent domain,. the Mortgagee is empowered to <br />collect and receive all compensation which may be paid for any pro- <br />,petty takem or for damages to, property not taken, and Mortgagee shall <br />-'apply such compensation, at its op ion, either to a reduction os <br />the indebtedness-.secured hereby or to repair .and res ore the propert~> <br />soidamaged. <br />7. Performance by Mortgagee._ Mortgagee may, .but shall have no <br />obligations to do any act which the Mortgagor has agreed but fails <br />to da, and' Mortgagee may also do any act>it deems necessary to p.ro- <br />tect,the lien hereof.. Mortgagor agrees-to repay, upon demand, any <br />sums a eacpended` by the' Mortgagee for the:. above purposes,. and any. sums <br />so ex~aended by the Mortgagee shall be added to the indebtedness <br />- secured hereby and become subject to the 3ien hereof. Mortgagee <br />shall not-incur any personal. liability because of anything'it may <br />do or'omit to do'hereunder. <br />8. Default;; Assignment of Rents. Time is-of 'the essence hereof, <br />:and .upon Mortgagor's: default in any covenant or agreement. of this <br />-<MOrtgage, including covenants 'to pay when,due_the sums secured' by <br />this Mortgage, the Mortgagee'shail be entitled; at its sole option- <br />:.and without-notice, to declare alI sums secured.: by ',this. Mortgage wo <br />be immediately due and payable and-may commence forec osure of this <br />Mortgage by judicial proceedings; and,'provided further, that upon <br />'such default the Mortgagee, or areceiver'-appointed bg a court, may <br />at its option and without regard to the. adequacy of. the 'security, <br />enter_upon.and take possession of the Property and collect the rents, <br />issues and profits therefrom-and apply them .first to,the cost of <br />collection and operation of the Property and then upon the indebtedness <br />secured by this Mortgage; said rents,'issues and profits being assigned <br />to the Mortgagee`as further security for the payment-of the indebted- <br />Hess-secured hereby. <br />9. Transfer of Property. If all or any part of the Property <br />is sold or wransferred without he express written consent of 'the <br />Mortgagee, Mortgagee may at i s sole op ion, declare<a11 sums.-secured <br />by thss Mortgage to be immediately due and payable. <br />10. Late Charge. At Mortgagee's optiom, Mortgagor will pay a <br />'"late'charge" not exceeding four per centum {4~) of any installment <br />when. paid more than fifteen (15) days after the.due date thereof'to <br />cover the extra expense involved in handling delinquent payments, but <br />such "late charge" shall not be payable-out of the proceeds of any <br />sale made *_o satisfy the indebtedness secured hereby-unless such <br />proceeds are sufficient to discharge the entire indebtedness and all <br />proper costs and. expenses secured wherecy. <br />i1.. Miscellraneous:Provisions. <br />(a) Any forebearance in exercising any right or remedy <br />shall not be a waiver whereof. <br />(b) A13 remEdies-provided herein are distinct and cum- <br />uiative o any other right. afforded by l.aw br <br />equity, and may be exercised eoncurrent7.y, independ- <br />ently pr successively. <br />(o? The-c:o'aenants and. agreements contained herein shall <br />bind, and the rights inure to, the respective <br />successors a:nd assigns of the Mortgagor and the Mortgagee. <br />-z- <br />
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