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HomeMy WebLinkAbout2867 24 a (b) to the payment of accrued and unpaid interest on the Note at the Interest Race specified therein regardless of the rate of interest payable on the a~vazd or payment by the condemning authority; ( c) to the prepayment of the unpaid principal of the Note, without premium; and (d) to the prepayment of the balance of the Indebtedness. The balance, if any, will be paid to Mortgagor. ARTICLE 9 ASSIGNMENT OF LEASES AND RENTS 9.I APPROYAL OF LEASE. Mortgagor covenants and agrees not to execute and deliver any Lease without written approval of the Lease by Mortgagee. II ~ 92 ASSIGNMENT. In order to further secure the payment of the . ~ Indebtedness and the observance, performance and dischazge of the ~ Obligations, Mortgagor hereby sells, assigns, transfers and sets over to Mortgagee, all of Mortgagor's right, title and interest in, to and under the ~ Leases and in and to the Rents. ~ ~ 9.3 PERFORr1A1~ICE UNDER LEASES. MOrtgagOT COVC~11ritS a1lCI S~Le@S that it will, at its cost and expense, perform and discharge, or cause to be performed an~ discharged, all of the obligations and undertakings of Mortgagor or its agents under the Leases and will use its best efforts to enforce or_ secure, or cause to be enforced or secured, the performance of each and every obligation and undertaking of the respective tenants under y ~ the Leases, and «~ill appear in and defend, at its cost and expense, any ~ action or proceeding arising under or in any manner connected ~vith the ~ Leases or the obligations and undertakings of any tenant thereunder. ~ 9.4 NO RENT PREPAY~IENTS. I~~iortgagor, ~+ithout written approval ~ of A~Iortgagee, shall i~ot assign or otherwise encumber future rental pay- ~ ments under the Leases or collect or accept Rent for more than rivo (2) w ~ months in ad~-ance. - L~ ~ 9.5 NO OBLIGATION OF ~IORTGA(GEE. T}lIS ASS1gT1117eI1[ Stlall riOt be r• ~ deemed or construed to constitute ~Iortgagee as a mortgagee in possession ~ ~ ~ ~ ~a ~ ~ ~ k F2~366 ~ 600K ~VO PAG ~ ~ ~ w ~ ~t ~ - F-S ' ~ ~ '~z~~ ~ t^.a:r,z~ _ _ ~ w ~ - - .ffi,. _ ~r~.'~'ct-`>°'1`___ -'.~;`w .