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4. No sale of the property hereby mortgaged and no
forbearance on the part of the Mortgagee, and no extension of
the time for the payment of the debt hereby secured given~by the
Mortgagee shall operate to release, discharge, modify, change or
affect the original liability of the Mortgagor herein either in
whole or in part, and shall not be a waiver of Nortgagee's right
to accelerate the aggregate sum secured by thfs Flortgage.
5. The lien of this deed secures and shall continue to
secure payment of said indebtedness or indebtednesses, however
evidenced, whether by said promissory note or notes or any
renewal or extension thereof or substitute therefor, or other-
wise, until all such indebtedness shall have been fully paid.
6.~ The Mortgagee shall have the right to enforce the lien
of this mortgage against all of the mortgaged property and to
cauae all of said mortgaged property to be sold for payment and .
satisfaction of any decree of foreclosure without any right of
Mortgagor or those claiming under Mortgagor to any marshalling
of liens, exonerations of security or othet similar rights or
remedies.
7. In the event damages are awarded for the taking of, or
injury to, the mortgaged property under the power of eminent
domain or otherwise, all such damages shall be paid to and
received by the Mortgagee to be applied as a payment upon such
part of ~the indebtedness hereby secured, as the Mortgaqee may
elect, without affecting the amount of, or time for payment of,
any other installments required hereunder, whether or not such
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' indebtedness to which such damages may be applied is then due
and payable.
8. That if any action, or proceeding, shall be commenced
by any person other than the holder of this mortgage (except an
action to foreclose this mortqage, or to collect the debt
secured thereby) to which action, or proceeding, the holder of ~
this mortgage is made a party, or in which it shall become
~ necessary to defend, or uphold, the lien of this mortgage, all
sums paid by th~ holder of this mortgage for the expense of any
~ litigation to prosecute, or defend the rights and liens created ~
by this mortgage (including reasonable attorneys' fees), shall
; be paid by the Mortgagor on demand, together with interest
~ thereon, at the rate of 12 per centum per annum, and any '
~ such sum, and the interest thereof, shall be secured by this i
~ mortgage.
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j 9. All remedies provided in this Mortgage are distinct and ~
~ cumulative to any other right or remedy under this Mortgage or
~ afforded by law or equity, ~and may be exercised concurrently,
~ independently or successively.
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G
E 10. This is a purchase money first mortgage upon the
~ described property.
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~ The terms "Mortgagor" and "Mortgagee" whenever used in this
G instrument shall include the heirs, personal represeQtatives,~
f successors and permitted assigns of the respective parties
w hereto. Wherever used the singular number shall include the
_
_ plural and the plural the singular, and the use of any gender
shall include all genders.
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ao~K391 P~cE 940 ' .
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