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~1 VL/'~~'a./ J. <br />and prosecute in its ciwn na.m~ i -, ,v,. ac,-;ion or nrr, ~i:ee rr :ter ~~ mane ~~~y, c~'r~rrrF romise csr <br />settlement in connection will°E suc'ra ~Iaking o. damaglgc, ~+.i i s::~:^. c..;rpe..~vtira~~„ awards, <br />damages, rights of action and proceeds are hereby assigned to N~art,agee, who r^ay, after <br />deducting there=rom ail a# its expenses, including attorney's fees, release any money so <br />received by it or apply the same on any indebtedness s~~u:ed hereby. ?„brtgagor agrees to <br />execute such #urtner assignments of any compensation, awards, damages and rights of action <br />and proceeds as P-lortgagee may require. <br />10. That ts~ortgagor shall comply, at all tir;mss, with ail federal and state laws, all <br />municipal ordinances and all rules and regulations of any governmental entity having <br />jurisdiction over the premises, insofar as said laws, ordinances, rules and regulations <br />pertain in any way to the premises and their use. <br />ll. That the Mortgagee, and any persons authorized by Mortgagee, shall have the righfi <br />to enter and inspect the premises at ail reasanable times. <br />12. Mortgager will not further mortgage or encumber the premises, or assign, or <br />attempt to assign, the rents, er any part thereof, from said premise. Mortgagor will <br />snot, except where the lessee is in de#au;t thereunder, terminate or consent to the cancei- <br />iation or surrender of any lease of the premises, or any part thereof, now existing or <br />hereafter made, or modify any such lease so as to shorten the unexpired term thereof or <br />so as to decrease the amount of rents payable thereunder, or accept payments of any <br />installments of rent to become due under such leases for a period of mere than one month <br />in advance, Mortgagor will not execute any lease of any portion of the premises except <br />for actual occupancy by the lessee thereunder, will at al{ times promptly and taithfaiiy <br />perform, or cause to be performed, all of the covenants, conditions and agreements <br />contained in ail leases of the premises now or hereafter existing, on the part of the <br />lessor thereunder to be kept and performed; all leases upon the mortgaged premises shall <br />be in #orm and substance satisfactory to Nk~rtgagee and, a# the option of Mortgagee, shall <br />be assigned to Mortgagee. <br />l.s. in the event that Mortgagor makes ar, assignment for the bane#it a# ei=editors, a <br />receiver is appointed for the Mortgagor or for all or any part of the premises, or if <br />ttortgagar files a petition or institutes proceedings in bankruptcy or is adjudicated a <br />bankrupt under any state law for the relief of debtors or under the bankruptcy laws <br />of the United States, or if any of the foregoing shall happen to any co-maker or guarantor <br />of the promissory note secured hereby, then, or at any time thereafter, the whole of the <br />aforesaid indebtedness and all other sums secured by this mortgage and any other securing <br />agreement given in connection with this loan shall become due and payable at once at the <br />option of the Mortgagee and Mortgagee shall be entitled to declare this mortgage to be in <br />default. The acceptance of one or more payments on the indebtedness or any sums seeured <br />by this mortgage made by anyone other than the Mortgagor prior i~o confirmation of fore- <br />closure sale shall not constitute Mortgagee's waiver of its right to accelerate the <br />maturity of the aforesaid indebtedness and all other sums secured hereby. <br />14. do remedy conferred upon or reserved to Mortgagee in this mortgage or any other <br />securing agreement is intended to be exclusive of any other remedy or remedies Land each <br />and every such remedy shat! be cumulative, and shall be in addition to every other remedy <br />given hereunder, or now or hereafteri existing, at law, in equity or by statute. No delay <br />pr remission of 1~''~^Y"T'-~'',-a ~a t~ axg rrisa a.nv right or pQWBr accruing l1ROn arty dG'f atilt Shill i <br />impair env such right or cower. or shall be construed to be a waiver of any such default, <br />or an acauiescenca~therein; and every power and remedy given by this mortgage to th@ <br />Mortgagee may be exereised #rom tige to time as often as may be deemed expedient to <br />Mortgagee. <br />15. Mortgagor will keep adequate records and books of account ?n accordance with <br />generally accepted accounting principles and will deliver to Mortgagee, within d5 days <br />of#er the close of each of 'r-tortgagor's fiscal years an itemized statement certified by <br />an officer of Mortgagor showing all items of income and expense for the mortgaged property, <br />setting Earth in each case, in comparative form, figures for the preceding year. Through- <br />out the term of this mortgage, Mortgagor, with reasonable promptness, will deliver to <br />h"~irtgagee such other information with respect to the rr>ortgaged premises as l~rtgagea may <br />reasonably request from time to time. All financial statements shall be prepared in <br />accordance with generally accepted accounting practice and shall be delivered in duplicate. <br />Now if said Mortgagor shall pay or cause to be paid said sums of money when due as <br />set forth in said Note and in this instrument, and any additional advances made, with <br />interest, as herein provided, and shall also have paid all other indebtedness secured by <br />this hbrtgage and shall have faithfully and fully kept and performed each and all of the <br />covenants and agreements herein contained or contained in said Note or any other notes or <br />agreements far additional advances, then this conveyance shall be null and void, otherwise <br />it shall remain in full force and effect. <br />If default shall be made in any payment due on said Note or this instrument, or en <br />any other notes or agreements for additional advances; or in keeping the improvements on <br />said premises insured as afar said, with loss, if any, payable to said Association; or in <br />payment of taxes or assessments of any nature upon said premises or this hbrtgage or <br />indebtedness secured thereat', before the same become delinquent, if provision for advance <br />payment has not been made as described above, or in the event that the requirement for <br />advance payments is waived; or in the event that Mortgagor fails to conform to and comply <br />with or should o#herti~rise breach any of the conditions, covenants or agreements contained <br />in this Mortgage, or the Note which it secures, or any other notes or agreements for <br />