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HomeMy WebLinkAbout1139 ~~nd any reasoi~able ~ttorncys' £ees of such counsel shall be ~ the oUligation of Che riortgagor which, if not paid Uy the Mortgagor when due, shal~ be added to, and be a-part of, the indebtedness hereby secured. IC is expressly agreed that such costs and attorneys' fees, aforesaid, shall include such as may be incurred by the Mortgagee in prosecuting or r~sist- ing any proceedings in appellate courts before or afCer final d'ecision of a court of competent 3urisdiction arising out of any action to collect, enforce or defend the herein instrument . and indebtedness and any and all other instruments, agreements, liens, assignments or security agreements entered into in can- nection herewith. Any costs and expenses reasonably incurred in Che foreclosure of the Mortgage and sale of the Premises securing the same and in connection with any other dispute or litigation affecting said debt or lien, including reasonably estimated amounts to conclude the transaction, shall be the obligation of the Mortgagor anZ, if not paid by the Mortgagor when due, shall be added to and be a part of the indebtedness hereby secured. All such amounts shall be payable by the Mort- gagor to the payee without formal demand, and ~f not paid when due, shall be included as a part of the Mortgage debt and shall include interest at the r-afie provided for herein. ; Article 24. Application of Proceeds of Sale The purchase money, proceeds or avails of any sale of the Premises made pursuant to the provisions hereof, following a default on the part of the Mortgagor, whether made . under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall be applied as follows: First: To the payment of the costs and expenses ; j of such sale, including reasonable compensation to the ; ; Mortgagee, its agents and counsel, and of any judicial ~ 3 proceedings wherein the same may be made, and of all ~ expenses, liabilities and advances made or incurred by ~ the Mortgagee under the Mortgage and this Agreement, to- gether with interest at the rate provided for herein on ~ all advances ~nade by the Mortgagee and all Impositions or other charges subject to which the Premises shall have been sold. Second: To the payment of the whole amount then due, owing or unpaid upon the Note,as modified hereby, for principal and interest. ~ 5~O 4 ~ ~ - Third: To the payment of any other sums required ~ ~ to be paid by the Mortgagor pursuant to any provision ; ~ hereof or of the Note or of the Mortgage. ~ ~ Fourth: To the payment of the surplus, if any, to ~ ~ whomsoever may be lawfully entitled to receive the same. ~ ~ ~ ~ Article 25. Mortgagee's Right to Purchase ~ ~ ~ ~ Upon any sale of the Premises made pursuant to ~ the provisions hereof, fallowing a default on the part of Mortgagor, ~ whether made under the power_of sale herein granted or under or -19- BOOK238 P~~E1138 ; ~Y ~ ~ : . > ~ : : ~ 9 - : . ; , ~ - . _ ~ ~