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5. Mortgagee shall not be required to and mortgagee agrees that it will
not, make any prepayments of principal or of interest under the
prfor mortgage unless mortgagor shall first consent in writing
thereto, nor shall mortgagee increase the principal balance of
the first mortgage by advances.
6. Mortgagor covenants and agrees not to exercise any right or privilege
of prepayment of the prior mortgage and further covenants and
agrees not to enter into any agreement with the holder of the
prior mortgage modifying or amending any of the provisions dealing
with payment of principal or interest thereunder without the prior
written consent of mortgagee thereto, provided however, nothing in
this paragraph shall preclude mortgagor from assuming the first
mortgage and paying m~rtgagee the difference between the first
mortgage principal balance and the wraparound mortgage principal
balance plus accrued interest, if any.
7. In the event the unpaid~principal balance of the prior mortgage is
reduced by the holder of said mortgage applying insuranc~ proceeds
in reduction thereof or by prepayments made by mortgagor with the
prior written consent of mortgagee so that mortgagee's obligation
hereunder to pay to the holders of the prior mortgage, the unpaid
principal balance of said mortgage as hereinbefore provided is
similarly reduced, then and in such event, mortgagee agrees that
mortgagor's obligation to pay the total indebtedness to mortgagee
hereunder, shall be likewise reduced by an equivalent amount; such
equivalent amount to be deducted from the final payment to be made
by mortgagor to mortgagee hereunder, in thP inverse order of their
due date.
8. If the mortgagee shall default in making any required payment pf
principal and/or interest under the pr`ior mortgage, the mortgagor
shall have the right t~ advance the funds necessary to cure such
default ar,d all funds so advanced by mortgagor together with interest
thereon at the rate of 12$ per annum shall be credited against the
next installment(s) of interest and principal due under the
note secured by~this mortgage.
9. (a) The mortgagor covenants that if and when requested by the
mortgagee that at the time the mortgagee herein acquires the
prior mortgages that the owner of the premises will execute such ~
documents as mortgagee or the holder of this mortgage or the note
secured hereby may require to evidence the unpaid balance owing
to mortgagee or said holder of this mortgage and said note. The
failure of mortgagor to furnish such statement within ten (10) days
of the request therefor, shall be deemed an acknowledgment by
mortgagor that to mortgagor's best information and belief, no
offsets or defenses exist against mortgagor's indebtedness under
the note secured hereby and that all regular installments of
principal thereon (and no other) have been made.
(b) Mortgagee agrees that if mortgagee acquires the prior mortgage
by assignment from the holder thereof (in lieu of satisfaction) upon
payment thereof by mortgagee to said holder, that mortgagee, upon
payment to mortgagee by mortgagor of the total indebtedness of the
note secured by this mortgage, will, at the option of mortgagor,
execute and deliver to mortgagor an assignment or satisfaction of
such prior mortgage together with an assignment or satisfaction of
this mortgage--all taxes and expenses (including mortgagee's
reasonable counsel fees) in connection therewith to be paid by
mortgagor.
(c) Mortgagee agrees that if, during the lien of the wraparound
mortgage, the first mortgage is accelerated based on a due on sale
clause or other similar provision of the first mortgage, mortgagee
and mortgagor shall split equally the costs, interest and attorney
fees to reinstate the mortgage.
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