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88~ 10434~ proceeding, and take such other action as Mortgagee in its judgment reasonably exercised deems necessary to protect Mortgagee's interest. No notice of such actions is required to be given if the actions must be taken or performed within ten (10) days, but notice of any such actions so taken shall be given within ten (10) days thereafter. Any amounts reasonably disbursed by Mortgagee pursuant to this Section, including court costs and expenses and reasonable attorney's fees, with interest thereon, shall ,become additional indebtedne~s of Mortgagor, as if advanced under the Note, and secured by this Mortgage. Such amount shall be payable upon written notice from Mortgagee to the Mortgagor requesting payment thereof, and shall bear interest from the date of disbursement at the rate applicable to the principal or any part thereof provided in the Note. Nothing contained in this Section shall require Mortgagee to incur any expense or to do any act hereunder. 1.14 Mortgagor's Duties as Lessor. Mortgagor shall comply with all the terms, covenants, conditions or obligations imposed upon said Mortgagor by any existing or future lease of any of the Mortgaged Property or any part thereof, default in which would give the tenant or tenants the right to terminate or cancel said lease, reduce the rent thereunder or make monetary advances and offset them against future rentals. 1.15 Security Interest. This Mortgage shall be deemed a security agreement and fixture security agreement as defined in the Uniform Commercial Code (.Code") and shall create a security interest within the meaning of the Code in favor of Mortgagee on the Fixtures, Equipment, Personal Property, Rents, Leases and Profits and other property comprising the Mortgaged Property. Such security interest constitutes a purchase money security interest and the loan secured hereby is a business loan. THIS INDENTURE SHALL BE EFFECTIVE AS A FINANCING STATEMENT FILED AS A FIXTURE FILING FROM THE DATE OF THE FILING IN THE REAL ESTATE RECORDS OF THE COUNTY WHERE THE PREMISES ARE SITUATED. The filing of a financing statement or a fixture financing statement pursuant to the Code shall never impair the stated intention of this Mortgage that all such property is and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real property mortgaged hereunder irrespective of whether such item i~ p~lysically attached to the real property or any such item is referred to or reflected in a financing statement or fixture financing statement. The address of Mortgagor, as debtor, and Mortgagee, as secured party, are as set forth in this Mortgage. Mortgagor represents and agrees that (a) it is and will be the true and lawful owner of the Mortgaged Property, including -10- ~