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HomeMy WebLinkAbout1313 . ~ . . . - . • . ' _ . . . gor, a statement of iacome and surpTus of Mortgegor for such fiscat year, in reesoneble detail aad statfng in comparetive form the figures-as of the end of and for the previous fiscal year, including state~ran4s oL inco~re snd expense . relating [o operations of the premises, certified by an independent cert}fied public accountant acceptable to Mort~agee. In addition, Mortgagor aill furnish to Mortgagee such interim financial state~:ents, as Mortgagee may request, cer- . tified by Mortgagor in such form as may be acceptable to ttortgagee. 13. Ia the event that Mortgagee (e) Grants any extension of time for forbesrance vith respect to the paytr.ent o£ any indebtedness secured hy this mortgage; (b) Takes other or~additional secvrity for the payarent thereof; (c) Waives or fails to exercise any right granted herein or under the note secured hereby; (d) Grants any release, With or without consideration, of the whole or any part of the security held for the payment of the debt secured hereby or the re- , lease of ~ny person liable for pay¢ent of said debt; (e) Auends or modifies in any respect vith the consent of Mortgsgor any of the tet~u~s and provisions bereof or of the note secured hereby (including substitution of another note); theo and in any such event, such act or anission to act shall not release Mort- gagor, or any co-makers, sureties, or guarantors of this mortgage or of t~e ~ note secured hereby, under any covenent of this mortgage or of the said note, • nor preclude Mortgagee fram exercising any right, power, or privilege herefn granted or intended to be granted.in the event of any other default Lhen made • . or any subsequent default an@ without in any Wise impairing or affecting the liea or priority of this mortgage. ~ 14. Hortgagor will not make, suffer, or permit, without the written consent of the Mortgagee first had and obtained, (a) Any~use of the premises for any purpose - other than that for which the same are now used or intended to he usedi (b) My alterations of the buildings, improvements, fixtures, apparatus, machinery, and equipment now or hereafter erected•or located upon the said premises; (c) - Any purchase or conditional sale, lease or agree~rent under whfch title is re- served in the vendor of any such fixtures, apparatus, machinery, equipment, or ~ .personal property to Ee placed in or upon any of the bufldings or iu~provecents , oa the said premises. Mortgagor wi12 execute and deliver, fraco ti~r.e to tir.~e, such further instrcanents as may be requested by Mortgagee to confirm the lien of this mortgEge oa any fixtures, property, machinery, apparatus and eQuipment deacribed herein. ~ . IS. If default shall be made in any of the conditions or covenants herein, or in ~ said note contained, or in the securit~• agree~rent given hereby in connection ! vith this transaction as additional security, or other agreement given in con- . nection vith this transactioa (it ~eing hereby agreed that on default in the ' paqment of any tax or essessment or insurance premium, or any paymen[ on ac- ` count thereof, or in the paynsent of any cost or expense of litigation, the ' ![ortgagee may pay the same and sIl s~s so advanced, with interest at the rate E 4 set forth in the note secured hereby, shail iam~ediately attach ss a lien here- ~ nader and be payable on demend), the whole of said principal sum and all the accrc~ed interest [hereon shaZl thereupon at the option of the said Mortgagee ; - attd vithout notice to said Mortgagor (notice being hereby waived) become and be forthvith due and payable, and shall thereupon be colle~tible in a suit at law, or by foreclos~rrE of this mortgage, fn the sam~ manner as if the Whole of said principal sum had been made payable-at the tim~e when any such default shall occur as aforesaid. Any failure to exercise said option shall not ccnstitute a ~ vaiver of the right to exercise the s~n~ at a~ other time. It is agreed that "default" shall embrace and include any action in Sankruptcy, receivership, or ' seor anization filed b or a ainst Mort a or or the occurence of an _ 8 Y 8 8 8 , y jud~ent ot praceeding entered or brought against Mortgagor by any person affecting the eaid premises or to foreclose any lien thereon. Tt~e Mortgagor, in case of such default and the continuaccce thereof as aforesaid, dces :!ereby suthorize and ~ futly empow~er the Mortgagee to sell che said preaises at public auctioa, ~nd convey the sam.e to the purchaser, agreeably ta tfie statute in such case ~rade sad provided, and out of the money arising froca sucn sale to retain ttie princ+- pal and interest which shall then be due on t~e said note, all payuents dus r heteuader,~the expenses of such sale, and a reasonaL•:e swn as attornzy's fees, ~ f . ~ - _ 6L~K P~ ~ ; ~ s ~ cr ~.3~ ~ .