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80006902
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1/14/2010 3:54:33 AM
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1/14/2010 3:53:29 AM
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DEEDS
Inst Number
80006902
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<br />may, at his option. exhaust any one or mere of such security <br />futereats and the security of this Mortgage, either concurrently <br />ar independently, and in such order as Mortgagee shall determine. <br />Section 2.09. Title Costs, In any action oamoenced to <br />forecioBe Phis Mortgage; gyms expended by Mortgagee in obtain- <br />ing a preliminary title report and any other title work shall be <br />added to aid becaae part of the sums hereby secured and .included <br />as apart of the judgment fn any decree of foreclosure. <br />Defeasance <br />Article III <br />Section 3.01_ After full and c~pelte payment cad satisfac- <br />ti_s~+_ cf t~ pri ncipal of cad :.merest on she Note arxd aL1 othez <br />obligations secured hereby shall be paid in full, then, and is <br />that case at-lY, this Mortgage shall become mll and wid and the <br />interest of Mortgagor in the mortgaged Property shall become <br />wholly clear of the lien and security interest seated hereby, <br />and snxch Lien and security interest shall be released in due <br />course at the cost of Mortgagor ~.pon receipt by the Mortgagee <br />of evidence satisfactory to them of the payment in full of the <br />obligations secured hereby: otherwise and at all times <br />this Mortgage shall remain and continue in full force and effect. <br />Default and R~nedies <br />Article PI <br />Section 9.01. Default. The Note anti all other irdehted:.€os <br />of the Mortgagor then testing hereunder shall up•sn *he optica~ ~ <br />the Mortgagee become imaediately due and payable, if one or mare <br />of the following events (hereinafter anlied ~3efauit" or "Event <br />of ~tailit") B$Sali fiCCUr: <br />A. TY~ Mortgagor fails th :eke any payment of arincipal <br />as into€est on tlse :~^te when s~.~.h r'ay~nt is due an$ payable. <br />S. A material representation made by Mortgagor herein or <br />a:sy writing furnished in connection herewith proves to be untrue <br />when made, <br />C. A failure by the Mortgagor ts~ perform or observe any <br />agreement, condition or covenant contained in the Note or the <br />failure by the Mortgagor th perform or observe any other tezm, <br />cexsdi.tian, eouenant or agreement contained in this Mortgage, oz <br />in any of the Securing Agreements. <br />D. The Mortgagor fails to oay when doe any principal or <br />interest on any other debt, or the Mortgagor fails to perform <br />arty obligation wii-.ia respect to such debt and such failure permits <br />the holder thereof th cause it tc beanie due prior to its <br />maturity. <br />E. The Mortr~agor shall do any of tx~e following events <br />ti) wit in writing its inability to pay its debts as they ~tuxe, <br />iii) ,~akea m assignment for the benefit of creditors, (iii) <br />b@cgmea in~lvent, tiv) voluntarily suspends the transaction of <br />its usual busines6, iv) applies for, consents Uo, acquiesces in, <br />ctx' faiils by appropriate proceedings properly to contest the <br />~a~pointment of a trustee car receiver for the Mortgagor or ~y <br />r~"E'o-rtT. '+'~ ~ it ir,f`siLiit6s, ODnBent6 t0, acEjUl @acea in, <br />4r fssils ~ apnzragriata praceedirg6 properly th confect any <br />barskruptcy, reorganization, dBbt arrangement cr other proceeding <br />txrKlar ~+Y bankruptcy cu' insolvency lean of any dissolution or <br />liquidation prvacaedinga against the Mortgagor or any of its <br />Pr~~~ <br />
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