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3.5 EDSR 11-21-2016
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3.5 EDSR 11-21-2016
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11/18/2016 10:50:07 AM
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City Government
type
EDSR
date
11/21/2016
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assessments payable with respect to the Property or, if this Mortgage so requires, <br /> to the periodic escrow for the payment thereof;(iv)payment of all premiums then <br /> due for the insurance required by the provisions of this Mortgage or, if this• <br /> Mortgage so requires,to the periodic escrow for the payment thereof;(v)payment <br /> of expenses incurred for normal maintenance of the Mortgaged Property. <br /> (b) Any amounts remaining after such application shall be applied as <br /> follows: <br /> 0i} if received prior to any foreclosure sale of the Mortgaged Property <br /> to A <br /> ee Mort g a g for payment of the indebtedness secured by this Mortgage, <br /> but no such payment made after acceleration of the indebtedness shall <br /> affect such acceleration;and <br /> (ii) if received during or with respect to a period after a foreclosure <br /> sale of the Mortgaged Pro Property: <br /> Ae <br /> (1) if the purchaser at the foreclosure sale is not Mortgagee, <br /> first to Mortgagee to the extent of any deficiency of the sale <br /> proceeds to repay the indebtedness secured by this•Mortgage, <br /> second to the purchaser as a credit to the redemption price, but if <br /> the Mortgaged Property is not redeemed, then to the purchaser of <br /> the Mortgaged Property; <br /> Mortgagee,first to purchaser urchaser at the foreclosure sale is <br /> (2) if �g ee <br /> Mortgagee to the extent of any deficiency of the sale proceeds to <br /> repay the indebtedness secured by this Mortgage and the balance to <br /> be retained by Mortgagee as a credit to the redemption price, but if <br /> the Mortgaged Property is not redeemed, then to Mortgagee, <br /> whether or not such deficiency exists. <br /> 4.5 Continuing Effect. The rights and powers of Mortgagee under this <br /> Assignment and the application of the Rents shall continue and remain in full force and <br /> effect both before and after commencement of any action or procedure to foreclose this <br /> Mortgage,after any foreclosure sale of Mortgagor's interest in the Property in connection <br /> with the foreclosure of this Mortgage, and until expiration of the period of redemption <br /> • <br /> from any such foreclosure sale,whether or not any deficiency from the unpaid balance of <br /> the Indebtedness exists after such foreclosure sale. <br /> 4.6 Mortgagee_ Not Q ated. Mortgagee shall not be obligated by this <br /> Assignment for the control, care, management or repair of the Mortgaged Property, nor <br /> for the carrying out of any of the terms and conditions of the Leases; nor shall this <br /> Assignment operate to make Mortgagee responsible or liable for any waste committed on <br /> the Mortgaged Property by the tenants or any other party, or for any dangerous or <br /> defective condition of the Mortgaged Property, or for any violation of Environmental <br /> Laws or for any negligence in the management, upkeep, repair or control of the <br /> Mortgaged Property resulting in any loss or any injury or death to any person. <br /> -14- <br />
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