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RECORDER'S MEMO; teclsnnr OP <br />" WRITING, TYPING OR PRINTING ` <br />79.~f - UNSATISfACTORV i. <br />804421 '• <br />IN THIS DOGUMENi WNEN RECEIVED I <br />;n~i pr-useeute in its own name in the action ar proceedings, or to make any compromise or <br />~ttierz~nt in connection with such taking or damage. All such compensation, awards, <br />c:~mages, rights of action and proceeds are hereby assigned to P~brtgagee, who may, after <br />;Ia;cucting therefrom all of its expenses, including attorney's fee;, release any money so <br />tree'-i ved by it or apply the same on any indebtedness-secured hereby. Mortgagor agrees to <br />«cute such further assignments of any cbilpensation, awards, damages and rights of action <br />~.rd proceeds as Portgagee may .require. <br />i0, That idbrtgagor shall comply, at all. times, with all federal and sfiate -laws, all <br />:ci-pal ordinances and ail- rules and regulations of any gouernm~:ntai.entity having <br />.`i5d;ction over the premises, insofar as said laws, ordinances, rules and regulations <br />.,:-fain in any way to the premises and their use. <br />ii.. that the Mortgagee, and any persons authorized by. Mortgagee,-shall have the right <br />. enter and inspect the premises a# all reasonable times. <br />d?. Mortgagor will not further mortgage or encumber the premises, or assign, or <br />•=i~rispt to assign,-the vents, or any part thereof, from said premises. Mortgagor will <br />N,~1;.except-where the lessee is in default thereunder, terminate or consent to the cancel- <br />- ii?n or surrender of any lease of the premises, ar any part thereof, now existing or <br />v~:diter made, or Rrodify any such-lease so as to shorten the unexpired term thereof or <br />-:~ 3s-to decre€=se the amount of rents payable thereunder, or accept payments of any <br />1=r_>t3#Iments of rent #o become due under such leases for a period of more than one-month <br />- rr advance. Mortgagor will not execute any lease of any portion of the premises except <br />.}; actual occupancy by the Jessee #hareunder, will at pll times promptly and faithfully <br />,rzrfarm, or cause to be performed, all of the covenants, conditions and agreements. <br />;;twined in ail leases of the premises now or hereafter existing, on the part of the <br />;~sscr thereunder to bs kept and performed; ail leases upon-the mortgaged premises-shall <br />in torm and substance satisfactory to Portgagee and, at the option of Mortgagee, shall <br />x assigned #a Mot#gagee. <br />13. In the even# #hat Mortgagor makes an assignment for the bertefiit of credi±ors, a <br />,~ivsr is appointed for the Mortgagor or for a!I or any part of the premises; or if <br />,,,.taagor files a petition or institutes proceedings in bankruptcy or is adjud#cated a <br />~nrapt under any state law for the re;ief of debtors or under the bankruptcy. taws <br />i ~,•ae [inified Sta#ss, or if wry of the foregoing shad happen to any co-maker cr guaT`anfior <br />fns pfomissory Hate secured hereby, then, or at any time thereafiter, the whole of the` <br />i.zrasaid indebtedness and all other sums secured by this mortgage and any other 5ecur-ing <br />,~.~r~ement given in connection with this loan shall become due and payable at ones at the <br />r===icn afi the Mortgagee and '3artgaoee shall be entitled to declare this mortgage to be In. <br />avlt. -The acceptance of one ar more payments on the indebtedness or any sums secures! <br />:,`,;#n is mortgage made by anyone other than the Mortgagor prior to confirmation of fiore- <br />,i:,l.:re-sate shall not consti#ute Mortgagee's waiver of its right fin accelerate the <br />,,-uriiy of the aforesaid indebtedness and all other sums secured hereby. <br />l8_ i~o remedy conferred upon or reserved to Mortgagee in this mortgage or any other <br />i°ing agreemen# is intended to be exclusive of any other remedy or_remedies Carid each <br />every such.remetly shall ba cumulative, and shall lie in addition to every other remedy <br />.;'its.s nereunder,.ar now or-hereafter! existing, at law, in. equity cr by s#atute. No delay: <br />~.i<_sian of i~rtgagee to exercise any right or power accruing upon any default shall <br />:~ any $uei" right or power, or shall be construed to bs a waiver of any such de#aielt, <br />-_~ a=i ~.:.~:~ies once #herei n; -and every power and remedy ai van by th i s mortgage to the <br />.s,gagee may be exercised from time to time as o#fien as may ba deemed expedient to <br />::-ri gogeE:. <br />35. Mortgagor will keep adequate records and books afi account in accordance with <br />:•rally acoepted accounting prit~oipies and will deliver to hbrtgagee, within A5 days <br />ik;e cease at eaci: of Mortgagor"s fiscal years an itemized staternsnt certified by <br />.. ~i:c~r of ~rtga^^r showing all items of income and expense fior the mortgaged property, <br />;idr~ for#*a in ~-': vase, in comparative form, figures fcr tfie preceding year. Through- <br />- * yiie-term of finis mortgage, Mortgagor, with reasonable promptness, will deliver to <br />rT~?uger' such other infc•rmation with respect to tze mortgaged premises as Mortgagee may <br />~rrraetly request from time to time. Ail financial s#atcri~nts shall bs prepared in <br />,...,;rr~iarce witn generally accepted accounting practice and shat! be delivered in duplica#e. <br />iviAir ii said Mortgagor shell pay or cause to be paid said sums of rrsaney when due as <br />foil? il' said -lots and in #nis instrLmlent, and-any additional advances made, with <br />~~rast, as herein provided; and she!! also have paid ai! other indebtedness secured by <br />k~rtgage and shall have-faithfully and fully kept and performed each and all of the <br />-=aa!~ts and agr~its isere3n ccxf#ained or contained in said Note or any other rotes or <br />r. _::-~~I~~nts for additic~-at advances, #fisn this canvsyance snail bs nu4l and void, otherwise <br />,nail- remain lTi full force and si#fec7. <br />If default si~al# ba 'made iri aTay payment doe on said Note or this instrumsnfi, or on <br />:;~~ other Hates or agreements for additional advances; or in keeping-the improvements ort <br />-id ~~mises insured as aforesaid, iai#h.lass, i# any, payable to said Association; or •tn <br />,~y:nent of texas or assessments of-.any mature-upon said premises or--this hb rtgage or <br />;r.debiedness secured thereby, before the same becoms.detinquent, if provision for advance <br />;z~ynsent t;as not been made as described above.,, or iri.-the svenfi tha# #hs requirement for <br />;ovance payments is waived; or iii tfte,event.#het l;9oi'tgagor tails to conform to and comply <br />~. er should o#herwise breach airy cf -the.°conditions, cotenants or agreements contained <br />rrlis Mortgage, or the kate which 9# secures; or any other notes or agreements for <br /> <br />