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Property or any action to protect the security hereof, and any ;
such amounts paid by Mortgagee shall be added to the Secured
Indebtedness and shall be secured by this Mortgage. ~
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1.12 Subroqation. To the full extent of the Secured ;
Indebtedness, Mortgagee is hereby subrogated to the liens, claims ~
and demands, and to the rights of the owners and holders of each s.
and every lien, claim, demand and other encumbrance on the ~
Mortgaged Property which is paid or satisfied, in whole or in
part, out of the proceeds of the Secured Indebtedness, and the
respective liens, claims, demands and other encumbrances shall
be, and each of them is hereby, preserved and shall pass to and ~
be held by Mortgagee as additional collateral and further
security for the Secured Indebtedness, to the same extent that ~
they would have been preserved and would have been passed to and ~
held by the Mortgagee had they beeR duly and legally assigned, ~
transferred, set over and delivered unto Mortgagee by assignment,
notwithstanding the fact that any insCrument provfding public
notice of the same may be satisfied and cancelled of record.
1.13 Limit of Validity. If from any circumstances
whatsoever, fulfillment of any provision of this Mortgage at the ~
time performance of such provision shall be due, shall involve
transcending the limit of validity presently prescribed by any ~
applicable usury statute or any other applicable law, with regard
to obligations of like character and amount, then, i so facto,
the obligati~n to be fulfilled shall be ~educed to the limit of
such validity,,so that in no event shall any exaction be possible
under this Mortgage that is in excess of the current limit of
such validity, but such obligation shall be fulfilled to the ~
limit of such validity. The provisions of'this Section I.13 i
shall control every other provision of this Mortgage. j
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1.14 Environmental Matters. Mortgagor represents and
warrants that there has not been a"release" or "threatened
release" of a"hazardous substance," "pollutant", or
"contaminant" (as such terms are defined under the federal
Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended) or of petroleum (including crude oil and
any fraction thereof), natural gas liquids, liquified natural
gas, or synthetic gas usable for fuel (or mixtures of naturaZ and
synthetic gas) on the Mortgage3 Property, nor has Mortgagor
caused or contributed to a"release," as defined above, on any
other property, whether or not owned by Mortgagor. Further,
Mortgagor represen*s and warrants, and i~t shall be a further
condition of this Mortgage: ~
(a) That Mortgagor has not received and shall not receive
notice from the Florida Department of Environmental Regulation,
the United States Environmental Protection Agency or any other
governmental authority claiming a breach or violation of, or
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aoo~573 ~A~E 969
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