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?. Condemnation. In theeve,ntthe Property, orany pssrtthereut', shall be taken by eminent domain,ttae 'Mortgagee <br />is empowered tacollect and receive ail compensati,un which malr be paid for any prr,Iwerky taken or fapr damages to Irrupt•nry <br />not taken,. and Mortgagee sfnaiii apply such cr5ntpeaxsation, at its aptari, either to a. reduction of the indebtedness secured <br />hereby or to repair and rr,•store; the prceaperty ao damaged. <br />S. Performance by Mortgagee.. Aortgagee may, but shall have no obligation, to do any act which the Mortgagor <br />has agreed- but fails to do, and Mortgagee may also do any act it deems necessary to prefect the lien hereof. Mortgagor <br />agrees to repay, upon demand, any sums so expended by the Mortgagee for the above purposes, and any sums so expended <br />by the Mortgagee shall be added to the indebtedness secured hereby and become subject to the lien hereof. Mortgagee <br />shall not incur any personas liability because of anything it may do or omit to do hereunder. <br />9. Default; Assignment of Rests. Time is of the essence hereof, and upon Mortgagor's default in any covenant <br />or agreement of this Mortgage, including covenants to pay when due the sums secured by this Mortgage, the Mortgagee shall <br />be entitled, at its sole option and without notice, to declare all sums secured by this Mortgage to be immediately due and <br />payable and may commence foreclosure of this Mortgage by judicial proceedings; and, provided further, that upon such <br />default the Mortgagee, or a receiver appointed by a court, may at its option ar_d without regard to the adequacy of the <br />security, enter upon and take possession of the Property and collect the rents, issues and profits therefrom and apply them <br />first to the cost of collection and operation of the Property and then upon the indebtedness se:.ured by this Mortgagee; <br />said tents, issues and profits being assigned to the Mortgagee as further security for the payment of the indebtedness <br />secured hereby. <br />10. Transfer of Property. if all or any part of the Property is sold or transferred without the express written con- <br />sent of the Mortgagee, Mortgagee may at its sole option, declare all sums secured by this Mortgage to be immediately due <br />sad payable. <br />11. Future Advances. Upon request of Mortgagor, Mortgagee may make additional and future advances to <br />Mortgagee. Such advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes <br />stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this <br />Mortgage, not including sums advanced to protect the security of this Mortgage, exceed the original Note. <br />12. Miscellaneous Provisions. <br />(a) Any forebearance in exercising any right or remedy shall not be a waiver thereof. <br />(b) All remedies provided herein are distinct and cumulative to any other right afforded by taw of equity, <br />and may be exercised roncurrently, independently or successively. ', <br />(c) Tire covenants and agreements contained herein shall bind, and' the rights inure to, the respective <br />successors and assigns of the Mortgagor and the Mortgagee. <br />(dp A!1 covenants and agreements of the Mortgagor are joint and several. <br />(e) The headings of the paragraphs of this Afortgage are for convenience only and shall not be used to infxt- <br />pret or define the provisions hereof. <br />13. Release. l7pon payment of ail sums secured by this Mortgage, Mortgagee shall discharge this Mortgage and <br />shall execute and deliver a satisfactory release therefor. <br />IN WITNisSS WHEREOF. Mnttaraenr has exeeuird this Mnrt~g~~, 4~fAv of ~t~2't 1~ 79, <br />/ • ,_/ <br />r <br />'~1-Tl~i~~ Etra!trvcr- <br />. .~.+.~:.+~.x - $omswse - <br />aunty ss: <br />On this 24th .,__ day of ~)~tHa}~~" __, 19~_, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, personally came _ JOhl't E. C1irtCh dtyd Bdx'bard J. <br />-~S~tc ~)G~~ s30C~_t"1i fa _ to me known to fie the <br />idanNcai person(s) whnse names) are subscribed to the foregoing instrument and acknowledged the execution thereof <br />to be _xll@ stxl hn'r ..__-. volum,arv act and deed. <br />Witness my i;and and notarial seal a[ ~~ I31dDd _.___~~;,,_.~.. said county, the <br />date aforesaid. 7 ~f <br />My Gornmission a ~` l~'~+~rQ '''''~'``''~1 ~ r ~~ <br />~ Ntrtary Pu6ric <br />1 f <br />---------- .a;°~-•--.va-+'•~is 3 Luxe ttesrr.ea t'or tender sad seconder) ~-~--~-~---~-- <br /> <br />Q ~T~ Of NE~~'` . <br /> <br />~ <br />.~ ~ . ,~ <br /> <br />cr ~ <br /> <br /> <br /> <br />' ~. <br /> <br />ua <br />!= tV ! Y ~' c <br />o" ~ "Fa ~ `~ u"', <br /> ~x-~- T <br /> y <br /> <br /> <br />ur - o ~ <br /> u7 v r•.- <br /> ##~y <br /> <br />n <br />.~ <br />\4J <br />