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HomeMy WebLinkAbout2859 16 ARTIC~E 7 DEFAULT-AND FORECLOSURE 7.1 REMEDIES. If an Event of Default shall occur and be continuing, b4ortgagee may, at its option, exercise any, some or all of the follo~ving remedies : 7.1.1 AccELExa•rio~. Declare the unpaid portion of the Indebted- ness to be immediac~'_~ due and payable, ~vithout further notice or demand ( each of which hereby is eapressly ~vaived by rlortgagor whereupon the ~ IndeUtedness sI1aI1 become immediately due and payable anything in the \ote or in d~e Security Documents to the contrary not~vithstanding. 7.1.`L SAFEGUARDING AND/OR CObiPLETION OF Ir~PROVE11iENTS; AD- DITIONAL FUTURE ADVAIVCES. TO the maximum extent permitted under i the laws of the state in ~r•hich the ~~iortgaged Property is situated, Mort- f gagee shall have the right, but not the duty, to enter into possession of the ~ 114ortgaged Property and perform any and all ~vork and labor, supply all ` ~ materials and incur any costs and expenses including attorneys' fees neces- sary to protect and/or secure the Improvements and/or to recommence con- ~ ; struction and/or complete the Improvements substantially in accordance ~ with the Plans and Specifications therefor (the "Plans and Specifications") ~ with such changes in the Plans and Specifications as D'Iortgagee may deem desirable and/or employ watchmen to protect the Mortgaged Property. If D'Iortgagee undertakes any, some or all of its rights in the first sentence of tiiis paragraph 7.1.2, ~iortgagor agrees that on account thereof (i) b4ort- gagee may continue to make future advances of d~e unadvanced portion of tne principal of the 11ote ~vhich need not be in accc?rd with the Loan Agree- , ~ ment but in such maiiner and for such purposes as n'Iortgagee deems ~ act~-is11~;~ and i ii )~tortgage~ may make additional future advances ( die "Additional Future Advances" j in such manner and for such purposes as ~ ltortgagee deems ad~•isaUle not to exceed the original prin.ripal amount of the Note. The Additional ruture Advances s}iall t~ar interest at the s: rate specified in the Note fro~n date of disbursement and the Additional Future Ad~-ances and interest thereon shall be payable in accordance with the terms of the l\Tote and d~is ~iortgage. t~~Iortgagor agrees that all of the ~ ~ advances made under the provisions of the second sentence of this para- ~ graph 7.12 shall be deemed to ha~•e been advanced by ]4tortgagee to i~tort- ~ . ~ ~ ~ ~ ~~flK ~ ~ ~ ° ~ 208 ~~F 2858 ~ . ~ ~h i ~ ~ _ ~ ~ ` x. ~ ~ ~.fi x ,c:~ -x. ~ ' ~ z~ ~vsz` ~ ^ ~ . „ .h_ . .P„~a~~~ ~.~~~~y`~~=..i, . _ _ _ ~