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43-95 HOME Program
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43-95 HOME Program
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Last modified
5/14/2013 3:12:22 PM
Creation date
10/17/2007 10:01:34 AM
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Office Of Council
Document Type
Ordinances
Date
10/17/2007
Date Adopted
5/1/1995
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<br />I <br /> <br />( <br /> <br />( <br /> <br />(d) released to the Grantor. <br /> <br />The Grantee are hereby irrevocably appointed by the Grantor as attorney for the Grantor to <br />assign any policy in the event of the foreclosure of this mortgage. <br /> <br />8. Grantor shall not commit waste upon the premises or suffer waste to be <br />committed thereon. Grantor will keep the mortgaged premises in good order and repair and in <br />full compliance with any law, regulation, ordinance, or contract affecting the premises. <br /> <br />9. No sale of the premises, no forbearance on the part of Grantee, no <br />extension of the time for the payment of the Consortium HOME Loan or any change in the <br />terms thereof consented to by Grantee shall in any way whatsoever operate to release, discharge, <br />modify, change or affect the original liability of Grantor herein, either in whole or in part. No <br />waiver by Grantee of any breach of any covenant of Grantor herein contained shall be construed <br />as a waiver of any subsequent breach of the same or any other covenant herein contained. <br /> <br />10. If any action or proceeding be commenced, to which action or proceeding <br />the Grantee are made a party by reason of the execution of this Mortgage or the Consortium <br />HOME Loan or in which it becomes necessary to defend or uphold the lien of this Mortgage, <br />or the priority thereòf or possession of the premises, or otherwise to perfect the security herein- <br />under, all sums paid by the Grantee for the expense of any litigation to prosecute and defend the <br />rights and liens created hereby shall be paid by the Grantor together with interest thereon from <br />the date of payment at the rate of percent (_ %) per annum. Any such sum <br />and the interest thereon shall be immediately due and payable and be secured hereby, having the <br />benefit of the lien hereby created, as a part hereof and its priority. <br /> <br />11. In the event of a default hereunder or under the Promissory Note, the sole <br />remedy of the Grantee hereunder shall be foreclosure of this Open-End Mortgage, and the <br />Grantee hereunder, shall not be entitled to a deficiency judgment hereunder, it being understood <br />that the liability of the mortgagor under the Promissory Note and hereunder is limited to <br />Grantor's interest in the real property subject to this Open-End Mortgage. <br /> <br />NOW, THEREFORE, the condition of this Mortgage is: <br /> <br />That if Grantor shall punctually pay the Consortium HOME Loan and all other <br />obligations hereby secured when due and owing, and perform the covenants of Grantor arising <br />from the Consortium HOME Loan and shall punctually perform all the Grantor's covenants and <br />agreements herein contained, then this Mortgage shall be void; otherwise the same shall remain <br />in full force and virtue in law. Upon the default in the payment of the Consortium HOME Loan <br />when due and payable or upon any default in the performance or observance of any other of the <br />terms, covenants or agreements contained herein, or arising out of the Consortium HOME Loan <br />executed of even date herewith, or upon the institution of any foreclosure procedure by the <br />holder of any mortgage or lien upon the premises, or the Grantor shall become insolvent, or <br />apply to the Bankruptcy Court to be adjudicated a voluntary bankrupt, or proceeding be <br />instituted against the Grantor to put it in involuntary bankruptcy, or should any proceedings be <br /> <br />F-4 <br />
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