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200909687
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12/10/2009 3:25:19 PM
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12/10/2009 3:06:51 PM
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DEEDS
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200909687
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<br /> <br /> <br /> 200909687 <br /> <br /> <br /> PROVISIONS SECTIONS (PLEASE RECORD) <br /> <br /> THE PROVISION (1) THROUGH (14) ARE TO BE RECORDED ALONG WITH PREVIOUS PAGES ENTITLED MORTGAGE DEED <br /> <br /> The Mortgagor covenants with the Mortgagee as follows: <br /> 1. That the Mortgagor will pay the indebtedness as hereinbef ore provided; pay all taxes, assessments, interest and <br /> penalties; discharge all encumbrances which appear to be superior hereto; to pay all costs, fees and expenses <br /> of this, including cost of search and evidence of title, advertising and recording expense, documentary <br /> taxes and attorney's fees as allowed by law. In default thereof, the Mortgagee may pay the same and seek <br /> reimbursement as provided herein. <br /> 2. That the Mortgagor warrants the title to the premises. <br /> 3. That the Mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the <br /> Mortgagee; that he will assign and deliver the policies to the Mortgagee; and that he will reimburse the <br /> Mortgagee for any premiums paid for insurance made by the Mortgagee on the Mortgagor's default in so <br /> Insuring the buildings or in so assigning and delivering the policies. Mortgagor authorizes the insurer to make <br /> payment of a loss directly to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagee may <br /> apply the proceeds to the outstanding indebtedness or to the restoration of the property, at their sole option. <br /> 4. To keep said property In good condition and repair and that no building on the premises shall be removed or <br /> demolished without the consent of the Mortgagee; not to commit or permit waste thereof; not commit, permit <br /> or suffer any act upon said property in violation of law; and to pay when due all claims for labor performed and <br /> materials furnished therefore. <br /> 5. Mortgagor hereby assigns to Mortgagee during the continuance hereof, the rents, issues, royalties, and profits <br /> of the property and of any personal property located thereon. If Mortgagor shall default in payment of debt <br /> secured hereby, Mortgagee shall have the right, with or without taking possession of the property to collect all <br /> rents, royalties, issues and profits. The exercise of this right by Mortgagee to collect shall not be construed as <br /> an affirmation of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien <br /> or charge of this Mortgage to any such tenancy, lease or option. <br /> 6. Upon full repayment of the debt and upon cancellation of this Mortgage, Mortgagees shall reconvey to <br /> Mortgagor, without warranty, the property held hereunder. Mortgagor hereby acknowledges that one of the <br /> Mortgagees may execute the satisfaction and/or release of this mortgage and re-conveyance without the <br /> consent of the other and that said satisfaction and/or release shall bind each and every Mortgagee hereunder. <br /> 7. Upon Mortgagor's default, Mortgagee may at any time without notice, either in person, by agent or by receiver, <br /> and without regard to the adequacy of any security for the debt hereby secured, enter upon and take <br /> possession of the property, in its own name sue for or otherwise collect said rents, issues and profits, including <br /> those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including <br /> reasonably attorney's fees in such order as Mortgagee's may determine. The entering upon and taking <br /> possession of said property, the collection of rents, issues and profits, or the proceeds of insurance shall <br /> not cure or waive any default or notice of default hereunder. <br /> 8. Time is of the essence. Upon default by Mortgagor in the payment of any indebtedness secured here by or in <br /> the performance of any agreement hereunder, all sums secured hereby shall immediately become due and <br /> payable at the option of the Mortgagee. In the event of such default, Mortgagees may execute a written notice <br /> of default and of election to cause such property to be sold to satisfy the obligations hereof, and Mortgagees <br /> shall file such notice for record, in each county wherein such property or some part thereof is situated. <br /> Mortgagee shall further have the option of foreclosing this Mortgage in the manner provided by law for the <br /> foreclosure of mortgages on real property and Mortgagees shall be entitled to recover in such proceedings all <br /> costs and expenses incident thereto, including reasonable attorney's fee in such amount as shall be fixed by <br /> the Court. <br /> Form No. 1 Mortgage-General (7-1-05) page 3 of 4 pages <br /> <br /> <br /> <br /> <br /> <br /> <br /> I <br /> i <br /> <br /> i <br /> <br /> I <br /> i <br /> <br /> I <br />
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