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Equipment, any mechanic's lien or other lien or instrument for the
retention of title in respect of any part of the work not
discharged of record (by bonding or otherwise) and that th~re exist
no encumbrances on or affecting the Equipment or Mortgagor's
interest in the Real Estate other than the encumbrances, if any,
which exist at the date of this Mortgage or which may have been
approved by Mortgagee.
(D) There shall be no Event of Default on the part af
Mortgagor under this Mortgage, or the Note.
(E) The request for any payment after the Work has been
' completed shall be accomganied by a capy of any certificate or
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~ certificates required by law to render occupancy and operation of
i the Real Estate legai.
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~ (iv) Notwithstanding anything herein contained to the
~ cantrary (a) upon the failure on the part af Mortgagor to complete
~ all of the Work prior to the maturity date of this mortgage, (bj
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provided Mortgagee has released the Proceeds to the extent required
~ hereunder, upon faiZure on the part of Mortgagor promptly to
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~ commence or diligently to continue the Work, or (c) at any time
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~ upon request by Mortgagor, Mortgagee may apply the amount of any
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~ Proceeds then or thereafter in the hands of Mortgagee to the
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` payment of the Indebtedness, provided, however, that nothing herein
contained shall prevent Mortgagee from applying at any time the
wr<ole or any part of such Proceeds to the curing of any Event of
Default under this Mortgage or the Note. Upon completion of the
work in accordance with this Paragraph 28, and Mortgagee's
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