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<br />-s- <br />Mortgagor grill not permit any mzchanics' mntractox's, materiai- <br />man's, subcontractor's, laborers', statutory ar other similar <br />lien to be created or to remain art standing upon the ucrtgaged <br />property or any part thereof, and Mortgagor warrants that it will <br />indemnify and hold harmless the Mortgagee from aid against all <br />such liens and any and all expenses and fees incurred by Mortgagee <br />in connection therewith. Provided that potting o~ntained in this <br />Section 1.08 requires the Mortgagor to pay, acquire ar-make pro- <br />vision £ar any such tax, assessment. lien ar charge so long as <br />the Mortgagor in good faith shall mutest the validity thereof, <br />and security for the payment of the same, satisfactory to the <br />Mortgagee, steal1 be furnished to Mortgagee ~ shall retain such <br />security fur payment of such tax, assessment, Lien ar dzarge <br />without liability for interest thereon. Mortgagor will promptly <br />deliver t~ the Mortgagee receipts evidenciag this prompt pay- <br />ment o£ all such taxes, assessments, levies and other public <br />charges. <br />Section 1.04. Mort a ee's Ri ht to Act. Mortgagor agrees <br />that, if it fails to perform any act i it is required to per- <br />form hereunder, or to pap any money which it is required bo pay <br />hereunder, the Mortgages may, but small rot be obligated to, <br />perform or cause to be performed such act and may pay such money <br />and any expenses thereby incurred by the Mortgagee, and any smney <br />so paid shall be an obligation immediately crying by Mortgagor <br />without demand and shall bear interest at the rate contained in <br />the Note, from the date of making such payment until paid and <br />shall be part of the obligations hereby secured, and the Mort- <br />gagee making such payment shall be ,subrogated tv all of the rights <br />of the person receiving such payment. <br />Section i. 10. A. Insurance R~fired_. Morgagor covenants <br />to keep any and all boil ingc~'-""~ e=ecte~ ~^ the mortgaged oragerty <br />insured against loss or damage by fire and the risks embraced within <br />the term Fextesd°d coverage"` in such gaunt or amounts as the Mort- <br />gages may require and +nsured against such other hazards acrd risks <br />asxi in such anacaunts as ray be reasonably required by the Mortgagee <br />iri such insurance company or companies as the Mortgagee may <br />approve. <br />Section 1.11. Condemnation. Should any part of the mortgaged <br />psogerty kae taken by exercise o the power o€ eminent domain or <br />condemnation or should any governmental body at any time exercise <br />any right which it may have to rurchase any part of the mortgaged <br />property, the Mortgagee Lyon request of the Mortgagor shall release <br />that Dart of the mortgaged property so taken or purchased and shall <br />be fully protected in cuing so upon being furnished with an opinion <br />of counsel iwho rct3y be asunsei for the Mortgagor) to the ?#fect <br />that such part of the mortgaged property has been taken by the <br />exercise of the power of sninent c}~nain or condemnation or pur- <br />cisaseci b~ a governmental body in the exercise of the right which <br />it had to purchase the same (specifying the aoount of the award <br />made therein) . Cash equal to the anotuot of such award or the sale <br />price of such property shall be paid to either the Mortgagee or <br />*~=~ C~ri:~.l 'tational Ba,°sk e~id Trust Co, prior txr ar c~ncurrentiy <br />with delivery by it of such release. Any ncaniea received by the <br />Mortgagee by reason of the exercise of the power of eminent domain <br />or condemnation with resgar_t hx any part of the tmrtgaged property <br />shall bs ~rlied against the Note in the manner determined by <br />the Mbrtgagee. <br />section 1.12. Lease Modi£icatians. The Mortgagor will rut, <br />svathaert prior um tten amsent o Mortgagee, terminate or <br />oon~aent to the oancallatian ar surrender of any lease of the <br />mortgaged p~PertY. or $+Y part titereaf, :xaw existing ar hereafter <br />made, or modify ~y such lease sa as iza shorten the unexpired <br />tares thereof or sa as ~ decrease tfie ausount of rants payable <br />tt~reundar or accept pasynts of ~y installments of rent tr.~ <br />1?es=true c~34 ssuTar ~xCh lases for a period of more than one month <br />to advance= I4rirtgager will cot es~ceetste any lease of any portion <br />