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<br />78-- ~ ~.- 8 0 01 <br />3. <br />and prosecute in its own name in the action ar proceedings, or to make any compromise or <br />sett€ement fn connection with such taking or damage. All such compensatian, awards, <br />damages, rights of action and proceeds are here¢y assigned to Miortgagee, who may, after- <br />duducting the ref ram all of its expense=s, including a-ftarnsy's fees, re#ease any money so <br />received by it or .apply the same on-any ihdeb±ednsss secured hereby, Mortgagor agr€es to <br />execute such furthe=r assignments of any camp~hsation; awards, damages-and rights of action, <br />arrd proceeds es t+lortgagee -may require. ~' <br />t0. Shat f~rtgagar shaf3 gripfy, at a;f times; with alt federal and stele lours, aft <br />r~unieipal-cardirancss and a!f rotes and regulalians of any govsrnrr.entai entitp hauing <br />~~risdictian over the premises, insafer as sa'sd Taws, ardiitances, rules and regulations <br />perta i n i n arty- way to the prern6 ses and their :rse. <br />it, That the S~r•tgagee, and any psrsohs authorized by M`~ortgagee, shaft have-.the right <br />to enter and inspect the premises at elf reasonable times. <br />!2. h~rtgagor wilt Hat further rr~artgage or encumber the premises, or assign, or <br />a#tempt to assign, the refits, ar any part the.reot, from said premises. i~rtgagor-will <br />.no#; except-where the lessee is in default thereunder, terminate ar consent to the cancet- <br />fatian ter surrender of any tease of the premises, ar any part thereof, now existing or <br />hereafter made, or rrodify any such tease sa as to shorten the unexpireel term thereat or <br />sa as #o decrease the amount of rents payable thereunder,ar accept payments of any - <br />instatlments of rent to become due under such leases far a period of more than one month <br />in aduanct,. Mortgagor wilt-not execute any tease of ar.y portion of fihe premises except <br />for- actual occupancy by the tessee thereunder, wilt at alt times prompfiiy and €aithfvfty <br />perform, ar cause to be performed, aft of the covenants, conditions and agreements <br />contained in ail (eases of the premises now or hereafter existing; on the. part of tfie <br />lessor thereunder to be kept and performed; at! teases upon the mortgaged prsmi=es_shatf <br />be in form and substance satisfactory to t~rtgagee and, at the option a# tAartgagee,ishatl <br />be assigned to Mortgagee. <br />13. to the event that !?.ortga~r makes an assignn# fen the benef#t of crsdittirs, a.. <br />receiver is appointed for the Mortgagor or for a(f or any part of the premises; or if <br />lyfortgagor files a petition or institutes proceedings in bankruptcy or is adjudacated a - <br />bankrupt under any state 13w far the relict of del+`ars or under the bankruptcy Paws <br />of the ;tailed States, ar if any of the farsgeing shaft happen to any ea-maker or guarantor <br />of the promissory Hate secured hereby, then, or a# any time thereafter, the whale ~t-lire <br />aforesaid lndebtedt:~:,s and elf c#her sums secured by this mortgage and any-ether-securtisg - <br />agrwement given in cannectian with '`his lean shat} beca;s~s d•~e and payable at ante at_tlse - <br />aption of the mortgagee and l~rtgagee chaff be entitled to dactare this mortgage to be to <br />default. The acceptance of one or mare payments on the indebtedness or any sums secured - <br />by this mortgage made by anyone ether than the P',ortgagar prior to confirmation of #ore- <br />cfasure sate shat! not constitute mortgagee°s waiver of i#s right to accelerate the <br />maturity of the aforesaid indebtedness and .alt other sums secured h$reby. <br />f4. Na remedy conferred upon ar reserved to F4artgagee in this mortgage r}r any crlher <br />securing agreement is intended to be exclusive at any-other remedy ar rs?r~dtes land each <br />and every such remedy shalt be cumulative, and shaft be in additiGn to every other remedy <br />given i3sreunde:, or now or hersaftsri existing, at law, in equity or by state#~. ;JO delay <br />ar omission at i~ortgaose to exercise any right or power accruing u„on any default st*_atf <br />impair any such right ar power, or shall be construed to be a wai~~er of arty suett de#auit, <br />ar an acquiescence tf?srein; and every power and remedy given by tr,fs ~urtyaye to the <br />i~'~rtgvgee may be exercised from tlti32 to brae as often as may be deemed expedient tc <br />mortgages. <br />t5. !mortgagor will keep adequate records and beaks c;t account in accardanca with <br />generally accepted accounting principles and wit! deliver to klartgagee, within 45 days <br />after the cfc~se of each of ~",artgagar's fiscal years an itemi<sd state rent certif"ssd i3y <br />an ofyicer of !v~ar-i~gagor showing alt items of income and expense far the mortgaged prttpgrty, <br />setting forth in each rase, in comparative form, figures for the pracedina year. fihrough- <br />.out the ferm of this mortgage, Mortgagor, with reasonable promptness, wilt det3 w r to <br />idartgagee such other infarroation with respect to the mortgaged premises as mortgagee may <br />reasonably request from time to tir.~e. Ail financial s#atements shaft bs prepared in <br />accordance with generally accepted accounting practice and shall bs delivered in dupficala. <br />$law i# said Mortgagor shall-pay ter cause to be paid said-sums of money when due as -...-- <br />set forth in said iVote and irr this instrument, and any additional advances made, with <br />intsr~st, as`herein provided, and shad also have paid alt other indabtn~~=a sw:,ured Ey <br />r~i~ !~tartgagQ end shall have-f ~thfulty and fully kept acrd performed each and afi of the <br />c.~~enarits.and agre,elr~nts herein-contained or contained in said Nate or any other notes or <br />~grcemsnts far additional advances; then thi's canveyanee-shalt iJe null and void, otherwise - <br />~~it s-hall~remaeh---in fu-i-l force and-~eftect..~. - -. - <br />i f dote:, I t -steal 1 be made in any paytr~nt due -on said Nate-c?t tfi-is.- instrumef?#, or=Rrs -- <br />:ny other notes cr aeiaements for addi`iv_nst advances; cir in kseping the improvsinents fln <br />said premises insured as afcsresald;,with I-ass, ;f any,.payabfe to-said Association; or.ln <br />eat of taxes or assessm~ants of day nature open aaid.premises ar this tdarfgage or <br />.c'tedress secured ther~y, before the same become de l3nq~!ent~ tf provis'ran far advance <br />payment teas r.~~~;been ~~ds as desCribec; at,GVe, ar in ,h~ event-that the requfrsment for <br />.e payments is waived; or in the event that `tartgagor tails to conform to and comply- <br />w,rh ~_~r shq~~id athrsr~ai~e breach= any ct the conditianst covenants or agreements contained <br />~n ,his t>r~rtGage, ar fife Nole wt2ich i? secures, ar any other notes or agreements for <br />