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200109728 <br />Mortgagee at least ten (10) days prior to cancellation or expiration or Mortgagee has elected to self insure. In <br />the event of foreclosure hereunder, all title and interest of the Mortgagor in and to any and all policies of <br />insurance then in force upon the Premises and improvements, and any refund of any premium therefor, shall <br />pass to the purchaser at such foreclosure sale. <br />4. Mortgagee shall be subrogated to the lien, though released of record, of any encumbrance, <br />mechanic's or vendor's lien on said Premises paid out of the proceeds of the Guaranty or otherwise advanced <br />by Mortgagee. <br />5. To pay promptly the principal sum, interest and any other amounts, as provided in the <br />Guaranty, and any other sum now or hereafter secured by this Mortgage. <br />6. Mortgagee may, from time to time, renew, extend or modify the terms of the Guaranty, <br />including extending the time for payment or increasing or decreasing any amount due under the Guaranty <br />or otherwise compromise the terms of the Guaranty, and in the event of any such renewal, extension or <br />modification, all of the provisions in this Mortgage and the lien hereof shall remain in force as fully and <br />with the same effect as if it were made originally for such renewed, extended, or modified Guaranty. <br />7. To pay to the Mortgagee, if requested by Mortgagee, on the first day of each month, in <br />addition to any payments provided for under the terms of the Guaranty, one - twelfth (1/12) of the anticipated <br />annual taxes, insurance, assessments and public charges, general and special, levied and assessed against the <br />Premises and the indebtedness hereby secured as estimated by Mortgagee. The amount of such deposit shall <br />be adjusted by Mortgagee periodically so that sufficient sums will be available to pay all of the foregoing <br />before interest accrues, and upon demand in writing by Mortgagee, Mortgagor shall promptly deposit with <br />Mortgagee any amount in excess of said monthly payments which shall be required to pay such taxes, <br />assessments and charges prior to delinquency. Mortgagor shall promptly forward to Mortgagee all bills for <br />all taxes, assessments and public charges upon the Premises. Such payments shall not bear interest and shall <br />be applied by Mortgagee to the payment of said taxes, assessments and public charges prior to delinquency. <br />In case of default in any of the terms of this Mortgage or any other securing agreement now or hereafter <br />given in connection with this Guaranty, all funds paid to and deposited with Mortgagee as provided above <br />shall constitute additional security for all sums secured by this Mortgage and may be applied by Mortgagee <br />as a credit on the indebtedness secured hereby. Mortgagee may, from time to time, at its option, waive, and <br />after such waiver reinstate, any and all provisions of this paragraph requiring such payments and deposits, by <br />notice to Mortgagor in writing. While such waiver is in effect, Mortgagor shall pay all taxes, assessments <br />and public charges as otherwise herein provided. <br />8. Mortgagor shall neither commit nor suffer any waste on the Premises and shall keep and <br />maintain all buildings, improvements, appurtenances, fixtures, all parking facilities and spaces, and other <br />property now or hereafter situated thereon in good and substantial condition and repair, and shall not take or <br />permit any action whatsoever whereby the Premises shall become less valuable. No building, improvements, <br />parking facilities or space, or fixtures, now or hereafter situated on the Premises shall be removed, <br />demolished or substantially or structurally altered in any way which shall diminish the value of the Premises; <br />nor shall any fixtures covered by this Mortgage or any personalty covered or any security agreement given in <br />connection with this Guaranty be removed unless replaced with other fixtures or personalty with the value at <br />least equal to that removed and free from any title retention or security agreement or other encumbrance. <br />9. Mortgagor shall comply, at all times, with all federal and state laws, all municipal ordinances <br />and all rules and regulations of any governmental entity having jurisdiction over the Premises, insofar as said <br />laws, ordinances, rules and regulations pertain in any way to the Premises and their use. <br />10. Mortgagor will execute and deliver to Mortgagee, promptly upon demand, such amendments <br />to this Mortgage or additional securing instruments as may be required by Mortgagee, from time to time, in <br />form and substance satisfactory to Mortgagee, covering any of the Premises conveyed by this Mortgage, as <br />well as the personal property covered by any security agreement given in connection with the obligations <br />secured hereby, which shall evidence a continuing first mortgage lien and security interest and shall be <br />additional security for the Mortgagor's performance of all of the terms, covenants and conditions of the <br />Mortgage, the Guaranty secured hereby, and any other securing instruments executed in connection with this <br />transaction. Additionally Mortgagor shall execute and deliver such amendments or additional instruments as <br />are reasonably necessary to correct any mistakes contained herein, to identify more clearly or precisely the <br />property mortgaged hereunder, or otherwise necessary for the recording of this Mortgage. Such instruments <br />may recorded or filed, at Mortgagee's option, at Mortgagor's expense. Mortgagor shall comply promptly <br />with all obligations contained therein and any failure to comply with this paragraph, or the provisions <br />contained in such additional instruments, shall constitute a default hereunder. This Mortgage shall secure any <br />further sums which may become due under such additional securing instruments. If the sums secured by this <br />