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HomeMy WebLinkAbout0960 ' or extension thereof or suhstitute therefor, or otherwise, 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 cause 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 other 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 Mortgagee may elect, without affecting the amount of, or time for payment of, any other installments required hereunder, whether or not such 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 Mortgage, or to collect the debt secured thereby) to which action, vr 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 the halder of this Mortgage for the expense of any litigation to prosecute, or defend the rights ancl liens created by this Mortgage (including reasonable attorney's fees), shall be paid by the Mortgagor on demand, together with interest thereon, at the rate of -0-per centum per annum, and any such sum, and the interest thereof, shall be secured by this Mortgage. 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 eguity, and may be exercised concurrently, independently or successively. 10. This is a Purchase Money First Mortgage upon the ~ described property. I The terms "Mortgagor" and "Mortgagee" whenever used in this ~ instrument shall include the heirs, personal representatives, f successors and permitted assigns of the respective parties hereto. i Wherever used the singular number shall include the plural and the plural the singular, and the use of any gender shall include all ' genders. IN WITNESS WHEREOF, the parties hereof have set their hands and seals the day and year first above written. Signed, sealed and delivered MORTGAGOR in the presence of: ~ ~ ~ (f ~ ' ~ ~ _/1~ /f ~ ~ ~ ~ ( SEAL ) ~ , RICHARD BERG ~ r-- ~ - , ~ . ~ . i Il C_. , c~9 ~yJ n , I~~~-...-t. ~ SEAL ) ELIZA TH BERG ~ , % , ~ ~ 1~ . ' J - 4 - 60GK ~•~9 PAGE ~7~~ y . . - vw+~~s~~~`--.- . ~ i