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<br /> <br /> <br />84,~ 0066t14 <br /> <br />consent of the Mortgagee thereto being first had <br />shall constitute a default under the terms hereof <br />entire indebtedness secured !'lereby shall, at the <br />the Mortgagee, become due and payable forth""ith <br />notice. <br /> <br /> <br />44. That the whole of said principal sum shall <br />i~~ediately become due and payable at the option of the <br />Mortgagee, if the Mortgagor fails to give the Mortgag.e <br />immediate notice of any default under the Ground Lease or of <br />the receipt by it of any notice of default from the Tessor <br />thereunder or if the Mortgagor fails to furnish to the <br />Mortgagee i~'Tlediately any and all information which itnllilY <br />request concerning the performance by the Mortgagor of the <br />covenants of the Ground Lease or of this Mortgage, or if the <br />Mortgagor fails to permit forthwith the Mortgagee or its <br />representative at all reasonable times to make investigation <br />or examination concerning the performance by the Mortgagor <br />of the covenants of the Ground Lease or of its Mortgage. <br />The Mortgagor further covenants and agrees that it will <br />promptly deposit with the Mortgagee an original executed <br />c~py of saidGro~ndL~~se and any and all documentary evidence <br />received by it showing compliance byUtheMOr'f'gilqor wiLh the <br />provisions of the Ground Lease and will also deposit with <br />the Mortgagee an exact copy of any notice, communication, <br />pl~n, specification or other instrument or document received <br />or given by it in any way relating to or affecting the <br />Ground Lease of said premises which may concern or affect <br />the estate of ~~e lessor or the lessee in or under the <br />Ground Lease or in the real estate thereby demised, and upon <br />the Mortgagor's failure so to do, the Mortgagee may, at its <br />option, declare the whole of said principal sum due and <br />payable at once. <br /> <br />45. That in the event of any failure by Mortgagor <br />to perform any covenant on the part of lessee to be observed <br />and performed under the Ground Lease, the performance by <br />Mortgagee ~n behalf of Mortgagor of the said lease covenant <br />shall not remove or waive, as between Mortgagor and Mortgagee, <br />the corresponding default under the terms hereof and any <br />amount so advanced or any costs incurred in connection __ <br />therewith, with interest thereon, shall be repayable by <br />1'1ortqagor upon demand, shall be secured hereby and any such <br />failure aforesaid shall be subject to all of the rights and <br />remedies of Mortgagee hereunaer available on account of any <br />default. <br /> <br />46. That to the extent permitted by law, the <br />price payable by the Mortgagor, or by any other party, so <br />entl~led. 1n the exercise of the right of redemptlon, if <br />any, ~rom sale under order or decree of foreclo~ure of this <br />Mor~g.qe shall include all rents paid and other sums advanc@d <br />by Mortqag.., ~n behalf of Mortgagor, as lessee under the <br />saId grcu~d 1..... <br /> <br />47. Th~t 50 10nq a$ any of the indebtedn... <br />..cured by th1S Indenture shall remain unpaid, unl..s tho <br />Mortqag.. shall otherwi3e 10 writinq consent, the fee title <br />IIlnd thf!! l~Hu;.hold e.tat~e 1n said premises hereInbefore <br />described, shall not merge but shall alway. be kept ..parate <br />and distinct, notWIthstanding the union of said estat.. <br /> <br />L <br /> <br />-I <br /> <br /> <br />-' <br />