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HomeMy WebLinkAbout1312 , ~ . . • ~ . , • ' • • . ~ ' ~ ' ~ - • ' . ~ . •tttnsfers the mortgaged premises, or any part thereof, Without first obtaining vritten consent nf Mor*~agee, such transfer, at the opt{on of ~!ortgegee, shall . coastitute a default under the terms of this instrw-r.ent. Mortgagee may, vith- out aotice to the Mortgagor, deal with any successor owner in the same menner as~vith Mortgagor, without in any way discharging the liability of the Mortga- 'go~ hereunder or upon the debt hereby secured. 8. If all or any pert of the Qremises aze damaged, taken, or acquired, either tem- porsrily or permanenrly, in any condemnation proceeding, or by exercise of the tight of eminent docr.ain, or by the alteration of the grad~ of any street affec- ' tiag the seid premises, the amount of any award or other_peyment for such tak- ing or damages made in consideration thereof, to the extent of the full amount of Lhe tlien remaining unpaid indebtedness secured hereby, is hereby assigned to Mortgagee, who is empowered to collect and receive ti-.e sa~:e and to gfve proper ~ t+eceipts theref~r in the name of Mortgagor, and the same shall be paid forth- . vitb to Mortgagee. Any avard or paymen[ so received by Mortgagee maq, at the ~ option of Mortgagee, be retained and applied, in Whole or in part, to the in- debtedness secured hereby (whether or not then due and payable), in such manner as Iiortgagee may determine, or released, in whole or in part, to rtortgagor for ' th~e purpose of altering, restoring, or rebuilding eny part of the premises ~thich mdy have been altered,~damaged, or destroyed as the result of such tak- ing, alteration, or proceeding, but Mortgagee shell not be obligated to see to ~ • the apQ2ication of any amounts so released. - ~ 9. If Hortgagee shall incur or expend any sums, including reasonable attorney's feee, vhether in connection with any action or proceeding or not, to sustain the lien of this mortgage or its priority, or to protect or enforce any of ~~!lortgagee's rights hereundeir, or to recover any indebtedness hereby secured, all such su~:s shall become i~ediately.due and payable by Mortgagor vith in- terest thereon at the rate specified in the note secured hereby. A21 such sums ~ shall be secured by this mortgage and be a Iien on the premises prfor t4 any right, title, interest, or claim, in, to, or upon the premises ettaching or ac- cruing subsequent to the lfen of this mortgage. 10. ltortgagor vill not assign; in whole or in part, the rents, incoc?e, or ~rofits arising from the premises ~rithout the prior w~itten consent of Mortgagee, or in .aay other c.anner impair the security of this mortgage for the payment of the indebtedness secured hereby. 11. Mortgagor will observe and perform all covenants, conditions, and agreer~ents - cantained in any lease or leases now or hereafter affecting the prenises, or any portion thereof, on the part of Mortgagor to be observed and performed. If Mortgagor shall default in the perfotlr.ance of any of the tenus, covenants, con- ditions, or obligations imposed upon Mortgegor by any such lease or leases, ~ vhich defau2t would give the lessee or lessees the right to terminate or'cancel ~ the said lease or Zeases or make monetary advances and offset the saa~e against ` fature rentals, thea, at the option of Mortgagee, the whole of the indebtedness ` _ seeured by this mortgage, including all advaaces and payments by :Iortgagee 6ereunder, shall become iumediately due, pa~able and collectible by foreclo- _ - aure, or otherwise, vithout notice or demand. Mortgagor will not accept anq prepay~eat of rent or installments of rent for ~ore than one month in advance, oithout the prior ~rritten consent of Mortgegee. p . ~ l~ortgagor, upon request, from time to tin~e, will furnish to Mortgagee a state- ` ' ment in such reasonable detail as Mortgagee may request, certified by Mortga- " gor, of all leases relating to the premises; and, on demand, Mortgagor vill fusnish to Mortgagee executed counterparts of ar.y and all such leases. F ~ S 12. Nith respect to the safd preaises and the operetions thereof, Mortgsgor will teep or canse to be kept praper books of record and account in accordence ~rith ~ - ganerally accepted accour.ting principles consistently applied. Mortgagee shall ~ h~ve the right to examine the said books oF record and accour.t at such reason- able tin:es and intervals es Mortgagee may elect. Mortgagor vill furnish to t~:e ~ ?tortgagee, sri[hin ninety (90) days after the end of each fisczl year of ;icrtga- ~ ~ g~~~K ~15 ~N~F ~ `~~_t~ -