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the sums of money mentioned in the Note secured hereby, and
any renewals or extensions thereof in whatever form, and the
interest thereon as it shall become due, accordinq to the
true intent and meaninq thereot, toqether with all advances
hereunder, costs, charqes and expenses, includinq a reas~nable
attorney's fee, which Mortqaqee may incur or be put to in
collecting the same by foreclosure or otherwise; and shall
duly, promptly and full2• perform, discharge, execute, effect,
complete, comply with and abide by each and every of the
stipulations, aqreements, conditions and covenants of the
Note, of this Mortgaqe, and of the Loan Agreement and other
documents or instruments given by Mortgagor to Mortqagee in
connection herewith. ~
THEN this Mortqage and the estate hereby created shall
cease-and be NULL AND VOID and this instrument sha11 be
released by Mortqaqee, at the cost and expense of Mortgagor.
MORTGAGOR COVENANTS AND AGREES to and with Mortgaqee~
that until the indebtedness secured hereby is fully repaid:
1. Pa ent and Performance: Mortgagor shall pay to
Mortgagee, in accor ance with the terms of the Note and this
Mortgage, the principal and interest, and other sums therein
set forth; and shall perform and comply with all the aqree-
ments, conditions, covenants, provisions and stipulations of
the Note, this Mortgaqe and the Loan Aqreement, the terms of
which are hereby incorporated herein by reference thereto.~
2. Interest Rate: Notwithstanding any provision
contained in t is Mortgaqe or in the Note secured hereby,
the total liability for payment of interest, or in the
nature of interest, shall not exceed the limits now imposed
by the applicable usury law, including the applicable choice
of law rules. In the event of the acceleration of the Note
hereby secured, the total charges for interest and in ~he
nature of interest shall not exceed the maximum amount '
allowed by law, and any excess portion of such charqes that
may have been prepaid shall be refunded to the makez thereof.
Such refund may be made by application of the amount involved
aqainst the sums then due hereunder, but such crediting
shall not cure or waive the default occasioning acceleration.
Nothinq herein contained nor in any transaction related
hereto shall be construed or shall so operate either presently
or prospectively to require Mortgagor to make any payment or
do any act contrary to law, but if any clause and provision
herein contained shall otherwise so operate to invalidate
this Mortgage, in whole or in part, then such clauses and
provisions only shall be held for naught as though not
herein contained and the remainder of this Kortgage shall
remain operative and in full force and effect.
3. Maintenance of ~iort a ed Pro ert : Mortgaqor
shall abstain rom and shall not oermit the commission of
waste, imoairment or deterioration in or about the Mortgaged
Property; and shall not remove or demolish, or alter the
structural character of, any building erected at any time on
the Mortqaged Property, without the prior written consent of
Kortqaqee; shall not per~mit the Mortgaqed Property to become
vacant, deserted or unguarded; and shaZl maintain the ~iortgaged
Property in good condition and repair, reasonable wear and
tear excepted.
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