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80003846
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1/13/2010 8:13:19 PM
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1/13/2010 8:13:11 PM
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DEEDS
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80003846
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84- ~~~ <br />Gbligation and may otherwise deal with the new owner of the Proper*_y <br />with reference to this Mortgage and the Obligation in the same manner <br />as with the Mortgagor, without in any way releasing the Mortgagor <br />from liability under this Mortgage or the Obligation. <br />16. Time is of the essence with respect to this Mortgage, <br />and in the event of default by the Mortgagor in the timely perfor- <br />mance of any covenant or agreement contained in this Mortgage, <br />American may declare, without notice, all sums secured by this <br />Mortgage immediately due and payable and may commence foreclosure <br />proceedings, as provided by law. <br />17. All notices under this Mortgage co the respective par- <br />ties shall be in writing and shall be served by prepaid mail, or by <br />personal delivery, addressed to the respective parties at the <br />addresses set forth on the first page of this Mortgage, or at such <br />other addresses as may be supplied in writing to all parties. Any <br />such notice to American or Mortgagor shall be deemed to be given and <br />effective five days after such notice has been deposited in the <br />United States mail postage prepaid addressed as aforesaid, or when <br />personally delivered to and received by the specified parties. <br />18. In the event foreclosure is made by American, <br />attorneys' fees in the amount determined by the court to be reason- <br />able shall be taxed by the court as part of the costs in such fore- <br />closure proceedings. <br />19. If the Obligation secured by this Mortgage is now or <br />hereafter further secured by chattel mortgages, deeds of trust, <br />pledges, contracts of guarantee, or other additional securities, <br />American may, at its option, exhaust any one or more of said securi- <br />ties as well as the security under this Mortgage, either concurrently <br />or independently and in such order as American may determine and may <br />apply the proceeds received from such securities upon the Obligation <br />without waiving or affecting the status of any breach or default or <br />any right or power whether contained in this Mortgage or whether con- <br />tained in any other security agreement. <br />2G. Mortgagor shall reimburse American for the amount of <br />any taxes paid as a result of any law enacted or amended in the State <br />of ter the date of this Mortgage changing in any way the laws for the <br />taxation of the Obligation, and if Mortgagor should fail to so reim- <br />burse American within 90 days after written demand, American may <br />declare the Obligation due and payable and may take steps to fore- <br />close this Mortgage, or such sums, at American's option, may be <br />deemed advances which shall become part of the Obligation, shall bear <br />interest at the default rate set forth in the Note, and shall be <br />secured by this Mortgage. <br />21. American may inspect the Property and the books and <br />records maintained by the Mortgagor relating to the operation of the <br />Property at any reasonable time upon reasonable notice to the <br />Mortgagor. <br />22. Mortgagor fully and absolutely waives and releases all <br />rights and claims Mortgagor may have in or to the Property as a home- <br />stead exemption or other exemption under and by virtue of any act of <br />the legislature of the State now existing or which may hereafter be <br />passed in relation to such exemption. <br />23. Each right, power, and remedy conferred in this <br />Mortgage upon American is cumulative of every other right or remedy <br />of American whether conferred in this Mortgage or by law and may be <br />enforced concurrently; no waiver by American of the performance of <br />any covenant or agreement contained in this Mortgage shall thereafter <br />in any manner affect the right of American to require oc enforce <br />performance of such covenant or agreement or any other covenant or <br />agreement contained in this Mortgage. <br />_7_ <br />
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