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~~-~ ~l()~~~ <br />and prosecute in its own Hama in the action or proceedings, or tv make any compromise cr <br />settterner,f in conneetion with such taking or damage. P.tl such compensation, awards, <br />damages, rights of action and proceeds are hereby assigned to P~~ortgagee, who may, a#ter <br />deducting tt~r-:from sit of its expenses, including attorney's fees, release any money so <br />receiued by it or apply the same or. any indebtedness secured hereby. M,artgagcr agrees to- <br />c?ye,C~tn. S~Ch fur'thgr ac,tignments r~# any compensation, awards, damages and ri gh~fc of action <br />ertd proceeds as M:artgageeJmay rPqu i re. <br />tC. That ti?ortgagor shat! r_o..=nply, at all times, with all fedora! and state tars, at1 <br />rnunicipai ordinances and alt rules and regulations of any governmental entity having <br />,iurisdictkon over the premises, insofar as said laws, ordinances, rates and regale#ions <br />;,ertain in any way. to the premises and their use. <br />I(. That the Mortgagee, and any persons authorized by Mortgagee, shalt have the right <br />to enter and inspect the premises at all reasonable times. <br />i2. i~tortgaaor Witt not further mortgage cr encumber the premises, or assign, or <br />attempt to assign, the rents, or any part thereof, from said premises: Fiiortgagflr will <br />rrOt, eXCCpt where ttl2 Lessee is in de"fault thereunder, term.,ir,ate or consent to the eancet- <br />'[~,tion or surrender of any lease of the premises, or any pert thereof, now existing or <br />hereafter made, or modify any such lease so as to shorten the unexpired farm thereof or <br />sa as to decrease the arr~aunt of rents payable thereunder, cr accept payments of any <br />is}statements of rent to become due under such iaases for a ,period of more than one month <br />in aeivanes. t~fartgagcr wits not execute any Lease of any portion of the premises except <br />for actual occupancy by the Lessee thereunder, will a= all tunes promptly and faithfutty <br />p=_rfarm, or cause to be performed, sit of the covenants, conditions and agreements <br />contained in aIi iaases of the premises now or hereafter existin^y, on the part of the <br />lessor thareur,der to be kept and performed; aii teases upon the mortgaged premises shad <br />be in form and substance satisfactory to '~'artgage6 ar,d, at the option of S7artgagea, shaft <br />be assigned to t~"mortgagee. <br />r3. In the event that P•#ortyagor makes an assinment for the benefit of creditors, a <br />receiver is appointed to the h'.~artgagor or for all or a,y part of the premises, ar i# <br />?.ortaagar files a petition or institutes proceen,~r;gs in ba~:kruptcy or 'ss adjudicated a <br />bankrupt under any state law far the relief of debtors cr under the bankruptcy Taws <br />of the United States, or if any of ;he foregain^ sha3 Happen to any cc-maker ar guarantor <br />of the promissory rote secured hereby., the.^., ar s° any ti!'~ thereafter, the white of The <br />aforesaid indabf-edness ar~:d aIt ctnar =_~:ms s~wured ~y thi rcc~rtgage and any Other sec_ ^g <br />agree±nent gIY€3n in rC^r,v~ticn with "?!'/S tarn she' ~2C~?,F^£' du° and p~vabte at t3rtCR at th2 <br />option cf the ortgagee and ;Mortgagee shalt be entitled to declare this m~rtgagA to be in <br />default. The acceptance of one or more payments cn the indebtedness ar any sums secured <br />by this mortgage made by anyone other *han the Prcortgagcr prior to cenfirmatiar. of fore- <br />ctosure safe shalt not constitute t~Yortgagee's waiver of its right to accelerate the <br />~T:aturity of the aforesaid indebtedness and alt other sums secured hereby. <br />lam. i~o remedy costarred upon or reserved tc Mortgaoee in this mortgage or any other <br />securing agreement is intended to be exclusive of any other remedy ar rerr~dies 4and eas`h <br />and every sac`: remedy sl?a!i be cumulative, and shat) be in addition to even; other re.:~dy <br />given hereunder, or now or hereaftar7 existing, at taw, in equity ar by statute. tto delay <br />cr omissior• of Mf~ortaagea to exercise any right ar power accruing upon ary default shaft <br />,mpai. any ueh :fight or power, or shah he construed to t>a a waiver Of ar,y suLn default: <br />or an acquia5cence therein; and every power and remedy given by this mortgage to the <br />i.l;;rtgagee may be exercised from tune to time as often as may be deed expedient t~, <br />la~artgagae. <br />t5. h~rtgagor wilt keep adequate records and harks of account in accordance .;i'n <br />generally accepted accounting principles and wilt deliver to ~"~rtgagea, within ~5 days <br />after the cfase of each of i-"~crt;;agcr's fiscal years an itemized stafemant cer#i#ied by <br />an officer of i~'~rtgagcr showing alt items of incam~ and expense for the mortgaged property, <br />setting firth in each case, in comparative-form, figures for the preceding year. Through- <br />out .the teem of this mortgages .'ertgagor, with reasonable promptness, will deliver to <br />h~rtgagee such other infcrmatia„ with respect to the mortgaged premises as t~rtgagee may <br />reasonably request from time to tirrQ. Ail finar:ciaf statements shalt he prepared in <br />accordance with generally accepted accauntin_~ practice and shall be delivered in duplicate. <br />tiow if said i4ortgagor snail pay ar cause to bs paid said sums of money when due as <br />set firth in said tdote and in this instrument,-and any additional advances made, with <br />interest; as Herein provided, and shalt ilea have paid aii other indebtedness secured by <br />this ;^~'kirtgage and shad have fa'sthfutly and fully kept and performed each and aft of the <br />covenants--and agreements herein ion#ained ar contained in said ivcte or any other notes or <br />ayre2menfis for additional advances, then this conveyance shelf be null and void; otherwise. <br />it-shall rt3irain in #ut t force and effect. <br />I# dafautt sha}1 tie Trade in any payment due an salt; tdote ar this instrument, or on <br />.any other notes or agreements for addFtional advances ;_ or in keeping the impcavements on <br />said premises insured as afaresasd, with I-ass, if spy, payable fio said Association; or,ln <br />payment of taxes ar assessn~nts of any nature upon said premises or this Mortcdage or <br />indebta~na5s secured tiiareby, ;laft~re the same. become aetinguent, if provlsian for advance <br />payment has tra# beers made. as ascribed abpva, or in the went-that tile requirement for <br />advance payments is wai-vest; or In the event that M~rt~agor faits to conform tc and comply <br />wifih ar should otherwise breach any of ttte conditions, oovenants or agreements contained <br />in this Dtiorigage, cr the tdate which it secures; or any other notes or agreements for <br />