exculpatory mortgage clause

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9. DEFAULT; REMEDIES. The entire unpaid principal amount of the Note, together with all unpaid and accrued interest and all other charges and amounts payable to Lender under the Note or this Mortgage, shall, at Lender's option, become immediately due and payable: (a) if Borrower does not promptly and fully pay when due the amounts owed Lender under the Note in accordance with the terms and tenor of the Note; (b) if Borrower fails to observe or perform any other provision, covenant or condition required of Borrower under the Note or this Mortgage within 30 days after Lender gives notice to Borrower of Borrower's failure to observe or perform such provision, covenant or condition; (c) if the Premises are abandoned; (d) if an order for relief under any a composition agreement with Borrower's creditors; (e) if the interest of Borrower in the Premises is attached, levied upon or seized by legal process; or (f) if a trustee, receiver or liquidator is appointed on behalf of Borrower. Upon an acceleration of the amounts secured by this Mortgage as provided for in this Section 9, Lender shall have the right to foreclose this Mortgage lien. The Holder will not exercise its right to institute any action at law against the Maker for the payment of any sum of money which is or may be payable under this note, other than the right to foreclose, which right is specifically reserved; nor will it seek against the Maker any judgment for a deficiency in any action to foreclose the mortgage securing this note, provided, however, that nothing shall be, or be deemed to be, a release or impairment of the indebtedness, or the lien thereof upon the Premises, or preclude the holder of the note secured by the mortgage from foreclosing the mortgage in case of default, or from enforcing any and all rights under and by virtue of the mortgage.

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Non-recourse clause to make mortgage exculpatory, with no deficiency judgment against borrower in case of foreclosure.

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Page 1: Exculpatory Mortgage Clause

9. DEFAULT; REMEDIES. The entire unpaid principal amount of the Note, together with all unpaid and accrued interest and all other charges and amounts payable to Lender under the Note or this Mortgage, shall, at Lender's option, become immediately due and payable: (a) if Borrower does not promptly and fully pay when due the amounts owed Lender under the Note in accordance with the terms and tenor of the Note;(b) if Borrower fails to observe or perform any other provision, covenant or condition required of Borrower under the Note or this Mortgage within 30 days after Lender gives notice to Borrower of Borrower's failure to observe or perform such provision, covenant or condition; (c) if the Premises are abandoned; (d) if an order for relief under any a composition agreement with Borrower's creditors; (e) if the interest of Borrower in the Premises is attached, levied upon or seized by legal process; or (f) if a trustee, receiver or liquidator is appointed on behalf of Borrower. Upon an acceleration of the amounts secured by this Mortgage as provided for in this Section 9, Lender shall have the right to foreclose this Mortgage lien. The Holder will not exercise its right to institute any action at law against the Maker for the payment of any sum of money which is or may be payable under this note, other than the right to foreclose, which right is specifically reserved; nor will it seek against the Maker any judgment for a deficiency in any action to foreclose the mortgage securing this note, provided, however, that nothing shall be, or be deemed to be, a release or impairment of the indebtedness, or the lien thereof upon the Premises, or preclude the holder of the note secured by the mortgage from foreclosing the mortgage in case of default, or from enforcing any and all rights under and by virtue of the mortgage.