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HomeMy WebLinkAbout1144 r - - 8. Documentar and Other Stam s. If at any time the United States, t o state in w c t e Mortgaged Property is located or~any political subdivision thereof, or any department or bureau of any of the foregoing shall require documentary, revenue or other stamps on the Note secured hereby or this Mortgage, Mortgagor on demand shall pay for them with any interest or penalties payable thereon. 9. Other Taxes. If any law or ordinance now or hereafter in effect imposes a tax directly or indirectly on Mortgagee with respect to the Mortgaged Property, the value of Mortgagor's equity therein, or the indebtedness evidenced by the Note and secured by this Mortgage, Mortgagor shall - promptly pay such tax. If Mortgagor fails to pay such tax or if Mortgagor is not lawfully permitted to pay such. tax, Mortgagee, at its election, shall have the right at any time to give Mortgagor written notice declaring-that the principal debt, with interest and other appropriate charges, shall be due on a specified date not less than ninety (90) days there- after; provided, however,. that such election shall be in- effective if, prior to the specified date, Mortgagor lawfully - pays the tax (in addition to all other payments required hereunder) and agrees to pay the tax whenever it becomes - due and payable thereaf ter, which agreement shall then constitute a part of this Mortgage. 10. Security Agreement. This Mortgage constitutes _ a security agreement under the Uniform Commercial Code and creates a security interest in alI that property (and the proceeds thereof) included in the Mortgaged Property which might otherwise be deemed "personal .property". Mortgagor ~ shall take all necessary action to maintain and preserve the liens of this Mortgage with respect to such property, including, ouz nvL iit~iited to, the executing, delivering, filing, reffling, recording or re-recording of any financing statements, continuation statements or other security agreements, and the giving of such instruments of further assurance as Mortgagee may from time to time request to protect the lien of this Mortgage with respect to such property. Without limiting the foregoing, Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact for Mortgagor to execute, deliver and file such instruments for and on behalf of Mortgagor;. provided, however, that Mortgagee is not under any duty to Mortgagor or any other person who is a guarantor or otherwise liable on any instrument secured hereby to protect, secure, perf ect or insure the lien of this Mortgage or any of the other security agreements referred to herein nor shall Mortgagee have an obligation for, among other things-, the filing of any financial state- ments under the Uniform Commercial Code. Notwithstanding ' any release of any or all of that property included in the. f Mortgaged~Property which is deemed "real property", any proceedings to foreclose this Mortgage or its satisfaction of record, the terms hereof shall survive as a security agreement with respect to the security interest created hereby and referred to above until repayment or satisfac- tion in full of the obligations of Mortgagor as are now or hereafter evidenced by the Note. Mortgagor will pay or cause to be paid all taxes and fees incident to any such -8- ~ 3 S i gv<~328 P~~E~144 - ~