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132777076v2 <br /> <br /> <br /> 3 <br /> <br />Note, and any other sums due and owing under the Note, and shall also pay or cause to be paid <br />all other sums, with interest thereon, as may be advanced by the Mortgagee in accordance with <br />this Mortgage either to protect the lien of this Mortgage, or by way of additional loan or for any <br />other purpose, and shall also keep and perform all and singular the covenants herein, and the <br />Loan Agreement, required on the part of the Mortgagor to be kept and performed, then this <br />Mortgage shall be null and void, in which event the Mortgagee will execute and deliver to the <br />Mortgagor in form suitable for recording a full satisfaction of this Mortgage; otherwise this <br />Mortgage shall remain in full force and effect. <br />The Mortgagor represents, warrants and covenants to and with the Mortgagee that it is <br />lawfully seized of the Mortgaged Property in fee simple and has the right and lawful authority to <br />mortgage the same as provided herein; that the Mortgaged Property is free from all liens and <br />encumbrances except Permitted Encumbrances; that all buildings, structures and other <br />improvements now or hereafter located on the Land are, or will be, located entirely within the <br />boundaries of the Land; and that the Mortgagor will warrant and defend the title to the <br />Mortgaged Property against all claims and demands whatsoever not specifically excepted herein. <br />The Mortgagor further represents, warrants and covenants that the Loan Agreement and <br />this Mortgage have been validly executed and delivered and are valid and enforceable <br />obligations of the Mortgagor in accordance with the terms thereof and hereof; and that this <br />Mortgage does not, nor does the Loan Agreement, nor does the performance or observance by <br />the Mortgagor of any of the covenants, agreements or matters or things in this Mortgage, or the <br />Loan Agreement provided for, contravene or result in the violation of or default under any <br />covenant in any indenture or agreement affecting the Mortgagor or the Mortgaged Property.