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HomeMy WebLinkAbout1620 ~ E~> 1 ~ ' of argt street abutting thereon, all of which awards, damages, payments, compensation, claims and rights are hereby assigned, transferred and set over to Mortgagee to the fullest extent that Mortgagor may under the law so do. Mortgagee is hereby irrevocably appointed attorney-in-fact for Mortgagor to settle for, eoueet and receive any such awards, damages, payments and compensation from the authorities making the same, to appear in and prase- cute any proceeding-therefor, and to give receipts and acquittances therefor. TOt3ETHBR with all right, title and interest of the Mortgagor in and to all unearned peemiums accrued, accruing or to accrue under any and all insurance policies now or hereafter obtained by the Mortgagor. ALL of which property and rights therein hereinabove described or men- . tinned being hereinafter collectively called the "Mortgaged Property". TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, its successors and assigns, forever. AND at all times until the entire unpaid principal indebtedness of the Note, including all sums now or hereafter due Mortgagee under the terms hereof and thereof, are fully paid, together with all interest thereon, Mortgagor covenants, promises and agrees with Mortgagee as follows: ARTICLE I Covenants As To Payment, Performance and Title SECTION LOI. Mortgagor shall pay to Mortgagee said entire unpaid princr- pal indebtedness of the Note, including all sums now or hereafter due Moctgag+ee under the terms hereof and of the Note and the Agreement, together with all interest thereon, punctually as and when the same shall become due by the terms thereof and hereof. Mortgagor will fully and.faithfully observe and perform all of the terms, provision4, oondi- i tions, covenants and agreements on the part of the Mortgagor to be observed and perfor- mad under the Note, this Mortgage and the Agreement. SECTION 1.02. Mortgagor warrants: (i) good and marketable fee simple title in and to the Land subject only to matters approved by Mortgagee; and (ii) good title to the Fixtures; (iii) that this Mortgage is a first and prior lien on and security interest in and to the Mortgaged Property subject to no other lien and subject to no other encumbrances except those, if any, permitted in writing by Mortgagee. Mortgagror shall not, without the prior written carsent of Mortgagee, install in or locate on the Mortgaged Property arty equipment or fixtures which are subject to any security interest, lien or title retention arrangement of any kind other than that created hereby. Mortgagor warrants that neither the rents, issues and profits of the Mortgaged Property nor arty part thereof have been previously assigned or will be assigned hereafter, ezeept to Mortgagee as f urther security for the obligation secured hereby. ARTICLE 2 Covenants As To Taxes, Assessments, Etc. r E SECTION 2A1. Mortgagor will, at least live (S) days prior to the date on which any interest or penalties shall commence to accrue thereon, pay, discharge and fattish to Mortgagee proper receipts for all taxes, general and special, water and sewer -3- go~K315 P~E~617 _ E