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HomeMy WebLinkAbout2749 . , ' the Mortgaged Property and each instrument of further assurance ' to be f iled, registered or recorded in such manner and in such ~ places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the interest of !lortgagee in the Mortgaged Property. ~ Mortgagor will pay all filing, registration or recording fees, and all expenses incident to the preparation, execution and acknowledgment of this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property and any instrument of further assurance, and all Federal, state, county and municipal taxes, duties, imposts, . assessaents and charges arising out of or in connection with the execution and delivery of this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Mortgaged Property or any instrument of further assurance. Mortgagor ~hall hold harmless and indemnify Mortgagee, its successors and assigns, against any liability incurred by reason of the imposition of any tax on the mak'ing and recording of th is Mor tgage . ~ 32. Usury Laws. This Mortgage and the Note are _ subject to the express condition that at no time shall Mortgagor be obligated or required to pay interest on the principal balance due under the Note at a rate which could subject the holder of the Note to either civil or criminal- liability as a result of being in excess of the maximum interest rate which Mortgagor is permitted by law to contract or agree to pay. If by the terms of this Mortgage or the Note Mortgagor is at any time required or obligated to pay interest on the principal balance due under the Note at a rate in excess of such maximum rate, the rate of interest under the Note shall be deemed to be immediately reduced to such maximum rate and the interest payable shall be computed at such maximum rate and all prior interest payments in excess of such maximum rate shall be applied and shall be deemed to have been payments in reduction of the principal balance of the Note. ~ 33. Recovery of~ Sums Required to be Paid. Mortgagee ~ shall have the right from time to time to take action to E recover any sum or sums which constitute a part of the Debt as ; the same.become due, without regard to whether or not the balance of the Debt shall be due, and without prejudice to the ~ right of Mortgagee thereafter to bring an action of ~ foreclosure, or any other action, for a default or defaults by Mortgagor existing at the time such earlier action was comme nced . 4 , 34. Marshalling. Mortgagor waives and releases any ` right to have the Mortgaged Property marshalled. ~ ~ 35. Authority. Mortgagor (and the undersigned representative of Mortgagor, if any ) has full power, author ity ~ and legal right to execute this Mortgage and to mortgage, give, ; _ gr ant, barga in, sell, alien, enfeof f, convey, conf irm and ~ assign the Mortgaged Property pursuant to the terms hereof and j to. keep and observe all of the terms of this Mortgage on ~ Mortgagor's part to be performed. ~ . ~ ~ ~ -14- ~ ~ s 3~~K312 F~~E2745 ~ ~ ~ ~ . ~ ~