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86,, 101815 <br />-16- <br />u <br />otherwise consent in writing; make notations on its books <br />and records sufficient to enable the Agent and the Lenders, <br />as well as third parties, to determine the interest of the <br />Trustees, the Agent and the Lenders hereunder; and not <br />collect any rents or the proceeds of any of the Leases or <br />Intangibles more than 30 days before the same shall be due <br />and payable except as the Agent may otherwise consent in <br />writing. <br />1.32. Otilitzes. The Mortgagor will pay all utility <br />charges incurred in connection with the Collateral and <br />maintain all utility services available for use at the <br />Premises. <br />1.13. Leases and Contract Maintenance. The Mortgagor <br />will, for the benefit o the Trustees, the Agent and the <br />Lenders, fully and promptly perform each obligation and <br />satisfy each condition imposed on it under any Contract for <br />Sale, Contract for Construction, Lease, Intangible or other <br />agreement so that there will be no default thereunder and so <br />that the persons (other than the Mortgagor) obligated <br />thereon shall be and remain at all times obligated to <br />perform for the benefit of the Trustees, the Agent and the <br />Lenders; and the Mortgagor will not permit to exist any <br />condition, event or fact which could allow or serve as a <br />basis or justification for any such person to avoid such <br />performance. In the case of Leasehold Lands and the <br />Contract Lands encumbered hereby, Mortgagor represents to <br />and covenants with the Trustees, the Agent and the Lenders <br />that the lease documents set forth in Exhibit B and the <br />contract documents set forth on Exhibit C are valid and <br />binding, in full force and effect, unamended and unmodified <br />(except as to instruments identified in Exhibit B or Exhibit <br />C, as the case may be) and free from default by either or <br />both of the lessee and lessor or vendor and vendee, as the <br />case may be, thereunder. In addition, Mortgagor will <br />promptly pay, or cause to be paid, all rents, charges, <br />installments and other sums or amounts required to be paid <br />by Mortgagor or any other lessee or vendee under the terms <br />:-4f <br />of the Pester Leases and the Pester Contracts, and will <br />v= <br />further timely and fully keep and perform all of the <br />covenants, terms, conditions and provisions of said leases <br />required to be performed and complied with by the tenant <br />thereunder, and will not do or suffer to be done anything <br />the doing of which, or refrain from doing anything the <br />omission of which, will impair the security of this <br />Mortgage. As the term of any of the Pester Leases <br />approaches termination, Mortgagor shall exercise existing <br />options or negotiate renewals as nearly as practical on the <br />same terms as presently exist, and to the extent the <br />-16- <br />u <br />