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HomeMy WebLinkAbout1448 , ' - 7 - ~a~i•~~;a~;~s L,~~p~:r~y, ~r a:y ;:art t'r:ereo., w'~ic'~: :;h~,ll 'r.ave i prioritiy over th~ lien qf tais ~:or~gage; (d) The tiiort~a~;2~'~ d~scovery oi the I~Ior~ga~or's i4ilure in any applicatior. of tne :~?ortgagor to the :Kortgagee to 3isclose any fact cieemed by tr,e `~'ortgagee ta be material, or of the msking ~ ~-::erein, or ~n any of tre agre~ments entered into by the Mort- _ ~agor with the Mortgagee (including, but not limited to, the - vote and this Mortga;e) of any misrepresentation by. on be- :;alf of, or for the benefit of, the Mortgagor; (e} TY:e sale, lease or other trar~sfer of any kind or nature of the mortgaged property, or any p~rt thereof, without the prior written consent of the Mortgagee; ~ae Mortgagee's failure to exercise any of its rights hereunder shall n~t constitute a waiver thereof. All tbe events in this Paragrapb enum- erated upon the har_~ning of any of which the Yote sball become, or may ~e declared to be, i~mediately due and payable, are in this Mortgage called "events of default". ` _ ~ 12. The I~Iortgadee may from time to time cure each default under any ~~venant or agree~ent in any instrument creating a lien upon~the ~ort- ~aged property, or any part thereof, which shall bave priority over the • ~ien of this Mortigage, to such extent as the Mortgagee may exclusively ~etermine, and each amount paid (if any) by the Mortgagee to cure any such default s~iall be paid by ti~e Mortgagor to the Mortgagee; and the :~rtgagee shal~ also become-subrogated to whatever rights the holder of tre prior,lien might 'nave under such in~trument. ~ 13. (a) After tbe happening of any default hereunder, the Mort- ~~~or shall upon deciand of tha Mortgagee surrender possession of the ~~rtgaged property ~o the Mo.rtgagee, and the Mortgagee nay-enter such . ; ~roperty, and 2et the sa:e a~d collect aZl the rents therefro~ which I zre due or to become due, and apply the same, after pa~ment of all charges ~ and expensas, on account o~ the indebtedness hereby secured, and all sucb ~ ~ents a~~ all leases existing at the time o~ sucb default are hereby _ ~ Gssigned ~a t'ne ~~ortgagee as further security for the payment of the ~n3ebtedness secured hereby; and tihe Mortgagee may~also dispossess, by ~^ae usual summary proceedings, any tenant defaulting in the paymeut of any rent to the ~tortgagee. - (b} In tne event that the Mortgagor occupies the nortgaged pro- .~rty ~r af,v Nart thereo~ the Mortgagar agrees to surrender possess=on ~ suc'.: ~ ~operty to t'ne N:ortgagee ic~.~nediately after any such defa~alt ~ ~:ereunder, anc ii the :~iortgaoor remains in possessian after such default, ~~.~ch p~ssession snall be as a~tenant of the Mortgagee, and ~he 1Kortgagor ~ ~~-:a~1 :a~ ~.n a3vance, upon demand by the Mortgagee, as a reasonable monthiy ~ -~~r~al ~or tr,e pre~ises accupied by the ~iortgagor, an amount at least. ~-:::~va~ert to orle-twelfth of-the aggregate of the twelve montinly install- _ :~~r.ts ~.ayab~e in t:,e current calendar year, plus the actual a.mour.t of the ~::.1ti81 ~~OUYI~ r~r,~, li Bri~T, t3XE8~ asse~snents, water rates, other gOV- ~rr.:~ent21 cY,a~ocs, and irlsurance uremiums payable in connection wit:~ the ~:::,rt~aged pro~erty during sucn year, and upon the tai~ure of t:~e Moi•t- ~agor to :ay such ~onthly rental, the Mortgagor may.also be dispassessed ~y th~ ~s~~}, s~~~~•~ roceedi ngs ap~jl~c~~ to t,~n_~,nts. This covenant gpp~ ~ 600K PAGE d~