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7.5. SR 07-15-2013
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7.5. SR 07-15-2013
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Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without <br /> application of any prepayment premium or shall be returned to Mortgagor as its interest may appear, <br /> the choice of application to be solely at the discretion of Mortgagee. <br /> ARTICLE FIVE <br /> RIGHTS OF MORTGAGEE <br /> SECTION 5.1: Right to Cure Default. If the Mortgagor shall fail to comply with any of the <br /> covenants or obligations of this Mortgage,the Mortgagee may,but shall not be obligated to,without <br /> further demand upon Mortgagor, and without waiving or releasing Mortgagor from any obligation <br /> in this Mortgage contained, remedy such failure, and the Mortgagor agrees to repay upon demand <br /> all sums incurred by the Mortgagee in remedying any such failure, together with interest on all such <br /> sums advanced at a rate equal to that then in effect under the terms of the Note. Mortgagee shall <br /> give Mortgagor at least thirty (30) days notice of the failure to comply prior to the Mortgagee <br /> taking remedial action, but Mortgagee's failure to give any such notice shall have no effect on <br /> Mortgagor's obligation to repay Mortgagee for any sums advanced together with interest thereon. <br /> All such sums, together with interest as aforesaid, shall become so much additional Indebtedness <br /> Secured Hereby, but no such advance shall be deemed to relieve the Mortgagor from any failure <br /> hereunder. <br /> SECTION 5.2: No Claim Against the Mortgagee. Nothing contained in this Mortgage shall <br /> constitute any consent or request by the Mortgagee, express or implied, for the performance of any <br /> labor or services or for the furnishing of any materials or other property in respect of the Property or <br /> any part thereof, nor as giving the Mortgagor or any party in interest with Mortgagor any right, <br /> power or authority to contract for or permit the performance of any labor or services or the <br /> furnishing of any materials or other property in such fashion as would create any personal liability <br /> against the Mortgagee in respect thereof or would permit the making of any claim that any lien <br /> based on the performance of such labor or services or the furnishing of any such materials or other <br /> property is prior to the lien of this Mortgage. <br /> SECTION 5.3: Inspection. Upon reasonable prior notice to Mortgagor,Mortgagor will permit the <br /> Mortgagee's authorized representatives to enter the Property for the purpose of inspecting the same; <br /> provided the Mortgagee shall have no duty to make such inspections and shall not incur any liability <br /> or obligation for making or not making any such inspections. <br /> SECTION 5.4: Waivers; Releases; Resort to Other Security; etc. Without affecting the liability <br /> of any party liable for payment of any Indebtedness Secured Hereby or performance of any <br /> obligation contained herein and without affecting the rights of the Mortgagee with respect to any <br /> security not expressly released in writing, the Mortgagee may, at any time, and without notice to or <br /> the consent of the Mortgagor or any party in interest with the Property or the Note (a) release any <br /> person liable for payment of all or any part of the Indebtedness Secured Hereby or for performance <br /> of any obligation herein, (b) make any agreement extending the time or otherwise altering the terms <br /> of payment of all or any part of the Indebtedness Secured Hereby or modifying or waiving any <br /> obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof, (c) <br /> accept any additional security, (d) release or otherwise deal with any property, real or personal, <br /> including any or all of the Property, including making partial releases of the Property; or (e) resort <br /> 171419v1 26 <br />
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