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HomeMy WebLinkAbout1139 • I f TO HAVE AND TO HOLD the above-granted and described Mortgaged Property unto Mortgagee, its successors and assigns, forever. AND Mortgagor hereby represents, warrants and covenants with Mortgagee that (i) Mortgagor is lawfully seized and possessed of an indefeasible fee estate in the Premises and the buildings and improvements now and hereafter constructed thereon; (ii) Mortgagor has full-power and- ' lawful right to assign, grant, bargain, sell, convey, transfer and mortgage the Mortgaged Property; (iii) it shall be lawful for Mortgagee at all times peaceably and quietly to enter upon, hold, occupy and enjoy the Mortgaged Property and every part thereof; (iv) the Mortgaged Property is free from all-liens and encumbrances except those encumbrances set forth on the title insurance policy insuring the lien of this Mortgage; (v) all property, fixtures and equipment described herein will be fully paid for and free from all liens, encumbrances, title retaining contracts and security interests when delivered and/or installed upon the Mortgaged - Property and such property, fixtures and equipment shall be deemed~to be realty and a part of the freehold; (vi) Mortgagor will make such further assurances to prove the title to all and singular the Mortgaged Property in Mortgagee and to prove the lien and priority of this Mortgage, as may be reasonably required; and (vii) Mortgagor does hereby and will forever fully warrant and defend the ,lien and priority of this Mortgage and the title to the Mortgaged Property and every part thereof against the lawful claims and demands of all persons whomsoever subject to those encumbrances set _ forth on the-title insurance policy insuring the lien of this Mortgage. PROVIDED ALWAYS, and these presents are upon ' the express conditionthat if Mortgagor or the successors - or assigns of Mortgagor shall pay unto Mortgagee, its successors or assigns, 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, ac- cording to-the .true intent and meaning thereof, together ~ with all advances hereunder, costs, charges and expenses, including a reasonable attorney's fee, which Mortgagee may incur or be put to in collecting the same by foreclosure ' or otherwise; AND shall duly, promptly and fully perform, dis- charge, execute, effect, complete, comply with and abide by each and every of the stipulations, agreements, .conditions and covenants of the Note,~this Mortgage, and the Related Documents, - THEN this Mortgage and the estate hereby created ) shall cease and be NULL AND VOID and this instrument shall E be released by Mortgagee, at the cost and expense of Mort- gagor. ' MORTGAGOR COVENANTS AND AGREES to and with Mort-_ gagee that-until the indebtedness secured hereby is fully repaid: -3- r?R BOOK 328 PacE X139 t _ _ _