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HomeMy WebLinkAbout1665 v EXHIBIT "A" 16. When and if Mortgagor and Mortgagee shall respectively become --the Debtor and Secured Party in any Uniform Commercial Code Financing Statement affecting property either referred to or described herein, or in any way connected with the use and enjoyment of these premises, this mortgage shall be deemed the Security Agreement as defined in said Uniform Commercial Code and the remedies for any violation of the covenants, ~ terms and conditions of the agreements herein contained shall be~ (i) as prescribed herein, or (ii) by general law, or (iii) _ as to such part of the security which is also reflected in said Financing Statement by the specific statutory consequences now or hereafter enacted and specified in the Uniform Commer- cial Code, all at Mortgagee's sole election. Mortgagor and Aiortgagee agree that the filing of such Financing Statement in the records normally having to do with personal property shall never be construed as in anywise derogating from or - impairing this declaration and hereby states intention of the parties hereto, that everything used in connection with the production of income from the mortgaged property and/or adapted for use therein and/or which is described or reflected in this mortgage is and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real estate irrespective of whether (i) any such item is physically attached to the improvements, (ii) serial numbers are used for the better identification of certain equipment capable of being thus identified in a recital contained herein or in any list filed with the Mort- gagee (iii) any such item is referred to or reflected in any - such Financing Statement so filed at any time. 17. In the event the interest provisions hereof or any exactions provided for herein or in the note or any other instruments i securing the note shall result, because of (1) the annual ' reduction of principal or (2) any other reason at any time ; during the life of the loan, in an effective rate of interest ; which, for any year, transcends the limit of the usury or any ~ other law applicable to the loan evidenced by the note, all ~ sums in excess of those lawfully collectible as interest for ~ the period in question shall, withaut further agreement or ~ notice between or by any party hereto, be applied upon prin- cipal immediately upon receipt of such moneys by the holder ~ of the note with the same force and effect as though the payer ~ had specifically designated such extra sums to be applied to principal and the holder hereof had agreed to accept such ex- ~ tra payment(s) as a premium-free prepayment. Notwithstanding the foregoing, however, the holder of the note may at any time ~ and from time to time elect by notice in writing to the owner ~ of the property affected by this mortgage to reduce or limit the collection of interest to such sums which shall not result ~ in any payments toward principal in accordance with the re- 0. quirements of the preceding sentence. In no event shall any ~ agreed to or actual exaction as consideration for this loan ~ transcend the limits imposed or provided by the law applic- able to this transaction or the makers hereof in the juris- diction in which the land is located for the use or detention = of money or for forbearance in seeking its collection. 18. As an inducement to Mortgagee making the loan evidenced by the `~.4 note which this mortgage secures, Mortgagor covenants and agrees ` that during the term of said loan title to the real estate de- '4 scribed 'nerein shall be vested solely in :~iortgagor and if at f? : z.:. F ~ 24 664 ' E : 2 PALE ~ ~ ~,'i - e.',yA'y.. ~ _ _ _ -S;" ,r. " ~ . z . _ y.~ =3'' So- . ~ s y £ -t 4 . ~ .r{ ~ ~ ' ~ . . C, _ .:...1~ ~,.a z~_~ . _ . ._~e'..~ _.f-s<