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HomeMy WebLinkAbout0344 (c) Any and all expenses, including, but not limited to. title company charges. recording and filing fees, legal fees of the attorneys for the holder of the prior mortgages in preparation of an~assignment or satisfaction of either mortgage and any tax~ if any. that may be hereafter imposed by any taxing author- ity in connection with the compliance by mortgagee with the provisions hereof dealing with the payments made or to be made to the holders of the prior mortgages shall be paid by the mortgagor or any owner of the premises when requested by the title company and/or the attorneys representing the holder of the prior mortgages. 5. (a) ~ Mortgagee agrees to pay to the holder of the prior mortgages the $ 287 153.36 unpaid principal balance of said mortgage, toget er t a nterest thereon accruing thereunder from June 1 , 19_~_. (b) All such payments provided to be paid by mortgagee, pur- suant to the provisions of subparagraph (a) hereof, shall be made by mortgagee before the expiration of the applicable grace periods provided for such payments as contained-in the prior _ mortgages. (c) Notwithstanding the foregoing, mortgagee's obligation to make the respective payments of principal and interest as and when due under the prior mortgages is conditioned upon the following: (1) Mortgagor shall nat be in default under this mortgage; (2) ~Iortgagor shall comply with all of the terms and pro- visions of the prior mortgages other than with respect to the payments of principal and interest due thereunder after June 1, 197 7 . (d) Mortgagee does not assume any of the obligations. of mort- -gagor under the prior mortgage except as hereinbefore provided with respect to payments o€ grincipal and interest due there- E under after June 1, 1977. 9 ~ 6. Mortgagor covenants and agrees not to exercise any right or ; privilege of prepayment of the prior mortgage and further ~ covenants and agrees not to enter into any agreement with the ~ holder of the prior mortgages modifying or amending any of the provisions dealing with payment of principal or interest thereunder without the prior written consent of mortgagee thereto. 7. In the event the unpaid principal balance of the prior mortgages is reduced by the holder of said mortgage applying insurance proceeds in reduction thereof or by prepayments made by mort- gagor with the prior written consent of mortgagee so that mortgagee's obligation hereunder to pay to the holders of the prior mortgages, the unpaid principal balance of said mortgage as hereinbefore provided is similarly reduced, then and in such ~ event, mortgagee agrees that mortgagor's obligation to pay the ~ total indebtedness to mortgagee hereunder, shall be likewise ~ reduced by an equivalent amount; such equivalent amount to be ; ~ deducted from the final payment to be made by mortgagor to mort- ~ gagee hereunder, in the inverse order of their due date. ~ 8. If the mortgagee shall default in making any required payment of principal and/or interest under either or both of the prior i 8uC!c ~J F~LE J4~ ; IYCHAl10 0. tMilO. ~U. ?~1. • ATTOMIE~ AT lAw • 1M Y11101111A AYp11t. Wifi tp • FOIIT M[IIC~ /101110A liMO - f70S1 N6tb0 ~