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010951 <br />-10.3 Inspection by M rtgagee. Tile Mortgagee or its representative is hereby authorized to enter <br />upon and inspect tile Mortgaged Properties at.any time during normal business hours. <br />10.4 Compliance with Laws. The MortgagorWill prompitly comply with all present and future laws, <br />ordinances, rules and regulations of any governmental authority affecting tile Mortgaged Properties or. <br />any part thereof. <br />10.5 Condemnation. If all or any part of the Mortgaged Properties shall be damaged or taken through <br />condemnation (which term when used in this Mortgage, shall include any damage or taking by any <br />governmental authority and any transfer by private, sale in lieu thereof), either temporarily or permanently, <br />the entire indebtedness secured hereby shall, at the option 6f tile * Mortgagee, become immediately due <br />and payable. The Mortgagee shall be entitled to all compensation, awards, and other payments or relief <br />thereof and is hereby authorized, at its option, to commence, appear in and prosecute, in its own or <br />th e Mortgagor's name, any action or,procceding relating to an� condemnation, and to settle or compromise <br />any claim in connection therewith. All such compensation,! awards, damages, claims, rights or: action <br />and proceeds and tile right thereto.are hereby assigned by tile Mortgagor to the Mortgagee, who after <br />deducting therefrom all its expenses, including attorney's fies,.may release any monies so received by <br />it, without affecting the lien of this. Mortgage and may ap <br />shall determine, to the reduction -of the sum secured he <br />the Notes, and any balance of such.monies then remaining <br />agrees to execute such further assignment of any compensa <br />and proceeds as the Mortgagee may require. <br />11. Performance by Mortgagee in Event of Default. If <br />of any tax, lien, assessment or charge levied or assessed agai <br />thd same in such manner as the Mortgagee <br />and to any prepa yment fee provided in <br />11 be paid to the Mortgagor. The Mortgagor <br />awards, damages, claims, rights of action <br />Mortgagor shall default in the payment <br />tile Mortgaged Properties.; in the payment <br />of.'any utility charge, whether public or private; in the payme6t of insurance premium; in tile procurement <br />of insurance coverage and the delivery of tile insurance policie.s required hereunder; or in tile performance <br />or observance of any other covenant, condition, or term of this Mortgage or tile Loan Agreement, then <br />th&� Mortgagee, at its option, may perform or observe the� same, or take any oth-er action it may deem <br />necessary -to protect the lien hereof, and all payments made :or incurred by the Mortgagee in connection <br />the rewith, shall be, without demand,- immediately repaid by L I he M6rtgagor to the Mortgagee with.interest <br />tfie'reon at the rate currently in effect with respect to tile Notes; and such sums shall be a lien on <br />Ili 6 Mortgaged Properties, prior to 6ny right or title t o, interes I t in, or claim upon, tile Mortgaged Pr 6perties <br />subordinate to the lien of this Mortgage, and shall be deen _d to be secured hereby and evidenced by <br />tile Notes. The Mortgagee shall be tile sole judge of tile le lity, validity and priority of any such tax, <br />lien, assessment, charge, claim and.. -premium; of tile necessi y for any such actions and of the. amount <br />necessary to be paid in satisfaction'thereof. Tile Mortgagee is hereby empowered to enter and to authorize <br />others to enter upon the Mortgaged Properties or any 1) thereof for the purpose of performing or <br />I <br />observing any such defaulted covenant, condition or term, without thereby becoming liable to the, <br />Mortgagor or any person in possession holding under the Mortgagor. <br />Section 12. Enforcement in Event of Default <br />12.1 Foreclosure. If any Eve . nt of Default shall liave�occurred and be continuing, Mortgagee at <br />:-any time may, at its election, proceed at law, in equity 6 1 r otherwise to enforce the payment of the <br />I <br />Notes in accordance.with tile terms thereof and of the Loan Agreement, and for tile pro rate benefit <br />,7- <br />J� <br />