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HomeMy WebLinkAbout0916 ~ .f , • It ! J ~ j~ I ~ . ~ ' ~l • ~ f . - . ~ - amount which would subject the Mortgagee to penalty under applicable law. All agreements between the Mortgagor and the~ Mortgagee, whether nor existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand or acceleration of the maturity thereof or otherwise. shall the interest contracted for, charged, received, paid or agreed to be paid ,to the Mortgagee exceed the maximum amount permissible under . applicable law. If, for any circumstance whatsoever, interest would otherwise be payable to the Mortgagee in excess of the maximum lawful amount, the interest payable to the Mortgagee shall be reduced to the maximum amount permitted under applicable law; and if from any circumstances the Mortgagee shall ever receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall be-applied to the reduction of the principal of the Indebtedness and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal of the Indebtedness, such excess shall be refunded to the Mortgagor. All interest paid or agreed to be paid to the Mortgagee shall, to the extent ~ permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full per iod until payiaent in full of i the Indebtedness so that the interest thereon for such full - ~ period shall not exceed the maximum amount permitted by ~ applicable law. This paragraph shall control all agreements E between the Mortgagor and the Mortgagee. . ~ f g 32. FUTURE ADVANCES. Upon request by Mortgagor, ~ Mortgagee, at Mortgagee's option within twenty (20) years from the date of this Mortgage, may make Future Advances to ~ Mortgagor. Such Future Advances, if any be made, with interest thereon, shall be secured by this Mortgage when evide~ced by promissory notes stating that said notes are secured hereby. ~ At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced fn accordance herewith to protect the security of this Mortgage and interest on any such sums, exceed the original stated ~ principal amounts of the Note or Notes plus US ~2,000,000.00. ~ 33. The Mortgagor acknowledges that it has received a true copy of this Mortgage. ~ ~ ~ 34. A copy of the Note or Notes secured hereby is/are f ~ ~ , F • I ~ - ~ ~ ~ -16- ~ ~ x A~ p BUtUK `3~?O PACf ~U ~ ~ -zw~~`"' .r~sr'~,~r'w-.`'z~" ~sn~t=r 'rYim~'-~:.~ s..,._. - n. ~~a~._,'"-'$~~+»3 S~. r~ ~r ` ~