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been contracted, and on the failure of Mortgagor to perform these covenants, or any
part thereof, the principal.and all accrued interest shall, at the option of Mortgages
became due and payable, anything contained herein to the contrary notwithstanding. Any
lien on the property covered hereby junior to the lien of this instrument shall be
subject to the condition that the time for the payment of the indebtedness hereby
secured and the manner and amount of payment thereof, and the benefits of the security
afforded hereby and by the Note, or any obligation substituted for said note, may,
Without the consent of such junior lienor, and without any obligation to give notice
of any-kind thereto, be extended, re-extended or suspended on any terms whatsoever
without in any manner affecting the priority of the lien hereby created as security
for the payment of the indebtedness hereby secured.
S. That if at any time the United States Government or any state, county, or
municipal or other governmental subdivision shall require internal revenue or other
documentary stamps hereon or on .*.he note,. then the said indebtedness and the accrued
interest thereon and all sums secl!:ed hereby shall become due and payable at the
election of the Mortgagee thirty (3:? days after the mailing or notice of such election
to Mortgagor; provided, however, safd election and right to elect shall be unavailing
and this Mortgage and note shall be and remain in effect, if Mortgagor lawfully may
pay for such stamps, incle;dir.q `nter~:st and penalties thereon, to or for Mortgagee and
does in fact pay, when payable, for such stamps, including interest and penalties thereon.
9. To save Mortgagee li!~mless from all cost and expense, including reasonable
attorney's fees, and the cost of a title search, continuation of abstract and prepares-
tion of survey, incurred by reason of any action, suit, proceeding, hearing, motion or
application before any court or administrative body in and to which Mortgagee may be
or become a party by reason of this Mortgage, including but not limited to condemnation,
bankruptcy, probate and administrative proceedings, as well as any other of the fore-
going wherein proof of claim is by law required to be filed or in which it becomes
necessary to defend or uphold the terms of this Mortgage and all money paid or expended
by Mortgagee in that regard, together with interest thereon from date of such payment .
at the highest rate permissible under the laws of the pertinent jurisdiction, and if no
maximum rate has been promulgated, then at a rate four per cent higher than the
rate set forth in said note, shall be so much additional indebtedness secured hereby
and shall be immediately and without notice due and payable by Mortgagor.
10. That all awards and other compensation heretofore or hereafter to be made
to Mortgagor and all subsequent owners of said premises in any taking by eminent domain,
either permanent or temporary, of all or any part of the said premises or any easement
or any appurtenance thereto, including severance and consequential damages and change
in grade of any street, are hereby assigned to Mortgagee, and Mortgagor hereby appoints
Mortgagee as its attorney-in-fact, coupled with an interest, and authorizes, directs
and empowers such attorney, at the option of said attorney, on behalf of Mortgagor,
its heirs, personal representatives and successors and assigns, to adjust or compromise
the claim for any such award and to collect and receive the proceeds thereof, to give
proper receipts and acquittances therefor and, after deducting any expenses of collection,
to apply the net proceeds as a credit upon any portion, as selected by Mortgagee, of
E the indebtedness secured hereby, notwithstanding the fact that the amount owing thereon
may not then be due and payable or that the indebtedness is otherwise adequately secured.
Mortgagor further covenants and agrees to give Mortgagee immediate notice of the actual
or threatened commencement of any such proceedings under eminent domain and will deliver
to Mortgagee copies of any and all papers served in connection with any such proceedings.
Mortgagor further covenants and agrees to make, execute and deliver to Mortgagee, at
any time or times, upon request, free, clear and discharged of any encumbrance of any
kind whatsoever, any and all further assignments and/or other instruments deemed
necessary by Mortgagee for the purpose of validly and sufficiently assigning all such
awards and other compensation heretofore or hereafter to be made to Mortgagee (including
the assignment of any award from the United States Government at any time after the
allowance of the claim therefor, the ascertainment of the amount thereof and the
issuance of the warrant for payment thereof.)
11. That Mortgagor, within five (5) days upon request by mail, will furnish a
written statement duly acknowledged of the amount due upon the note secured hereby
and whether any offsets or defenses exist against said indebtedness.
12. That Mortgagor and all subsequent owners of the said premises shall keep
and maintain full and correct books and records showing in detail the earnings and
expenses of said premises and shall permit Mortgagee or its representatives to examine
such books and records and all supporting vouchers and data at any time and from time
to time on request, at the offices of Mortgagor or at such other location as may be
mutally agreed upon, within ten (10) days after demand therefor and, in any event,
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