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2. In the event a default occurs under the First Note or the
First Mortgage, the Mortgagor has the right, but is not obligated
to cure such default and deduct any sums paid to cure same from !
the indebtedness evidenced by the Note. ~
3. The payments required to be made under said Note may, at
the option of the Mortgagor, be paid directly to the holder of the
First Note to the extent of the total payments due under the First
Note, whether or not there has been any default thereunder, and any ~
and all such payments shall be credited against the indebtedness
under the Note and against the sums matured or first maturing thereafter ~
under the Note; thus, if the Mortgagor elects to pay the monthly
installments required in the provisions of said Note directly to
the holder of the First Note to the extent of the total payments due
under the First Note, the Mortgagor shall be relieved of the Obli-
gation to pay such monthly payments to the holder of the Note to
such extent, and shall receive full credit for each such payment
made to the holder of the First Note as though each such payment has
been made to the holder of the Note.
4. Neither the holder nor-the maker of the Note shall make or
permit to be made any prepayments under the First Note or the First
Mortgage, except for the prior written consent of the other, such consent
will not be unreasonably withheld and. it is hereby noted by the Mort-
gagor and the Mortgagee that the First Note provides for the privilege
of prepayment with penalty, except as otherwise provided therein.-
5. The Note and this Mortgage are executed pursuant to a con-
tract for Purchase and Sale, executed on April 18, 1978, by the Seller
D. K. Lindauer and M. Jane Lindauer, his wife, and the Buyer David J.
Catalano and Melinda S. Catalano, his wife.
for Sale & Purc this Mortgage, the Mort rtgagee
agree that the Mortgagor, t e assigns shall not have
the right to en n ary financing ct to the Mortgaged
or in this age to the contrary notwithstanding, ne' t;~e
Mortgagor nor any ent or future partner in o e Mortgagor
j nor any other party or p is or shall a liable jointly or
severally or otherwise for the any money by reason of
any contained in the Contrac in t e or in this Mortgage.
The Mortgagor and Mor a understand that t tgagee has the
remedy of fore g this Mortgage but notwithstan i at fact, the
Mortgage 1 have the right to seek a deficiency judgmen ld
s .
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Notwithstanding the existence of the First Note and the First
s Aortgage, as both modified or to be modified, and notwithstanding
whether the principal indebtedness under said First Note and First
Mortgage .is or will be credited on account of the sum owing under the
Note secured hereby, it is agreed that the Mortgagor (Including
without-limitation all present and future partners in and of the
Mortgagor) has not, and will not, become liable for and does not
a and will not directly, indirectly, expressly, or impliedly, primarily
s or secondarily, or otherwise, become liable for, or assume any in-
debtedness for or under the said First Mortgage and First Note,.uf
t. L_ __a _ t. or any obligation in connection with
any of said instruments by way of indemnity or otherwise, to the payee
or holder of the Note or the payee or hold of the First Note or any
party named in the First Mortgage, or the holder or beneficiary of
3 either this Mortgage or of the First Mortgage, or to anyone else, for
principal, interest, or any other sums payable or to become payable
under or by reason of, either of said Mortgages or the Note or the
First Note or any obligations or undertakings in connection with any
of said instruments. 3
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