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HomeMy WebLinkAbout2528 MTG-1-A-4/23/73 (C) EASEMENTS OR OTHER INTERESTS . TOGETHER WITH all easements, rig ts of way, gores o lan , streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurt- enances whatsoever, in any way belonging, relating or apper- taining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand what- soever,.at law as well as in equity, of Mortgagor of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from con- demnation proceedings or the taking of the property described in paragraphs (A) ,(B) and (C) hereof or any part thereof under the power of eminent domain, or for any damage (wheth~r caused by such taking or otherwise) to the property described in para- graphs (A) ,(B) and (C) hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the property described in paragraphs (A), (B) and (C) hereof or any part thereof. ~ (D) ASSIGNMENT OF RENTS. TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the property described in paragraphs (A) ,(B) and (C) hereof to be applied against the indebtedness and other sums secured hereby, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income and other benefits as they become due and payable, but not in advance thereof. The foregoing assign- ment shall be fully operative without any further action on the part of either party and specifi~ally Mortgagee shall be entitled, at its option upon the occurrence of a default hereunder, to all rents, royalties, issues, profits, revenue, income and other ` benefits from the property described in paragraphs (A? ,(B) and (C) hereof whether or not Mortgagee takes possession of the property described in paragraphs (A), {B) and (C) hereof. Upon ~ any su~h default hereunder, the permission hereby given to Mort- E gagor to collect such rents, royalties, issues, profits, revenue, ~ income and other benefits from the property described in para- ~ graphs (A) ,(B) and (C) hereof shall terminate and such permis- { sion shall not be reinstated upon a cure of the default without ~ Mortgagee's specific consent. Neither the exercise of any rights ~ under this paragraph by Mortgagor nor the application of any such ~ rents, royalties, issues, profits, revenue, income or other bene- ~ fits to the indebtedness and other sums secured hereby, shall not cure or waive any default or notice of default hereunder or in- validate any act done pursuant hereto or any such notice, but shall be cumulative of all other rights and remedies. (E) ASSIGNMENT OF LE~ISES. TOGETHER WITH all right, ~ title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the property described in para- ~ graphs (A) ,(B) and (C) hereof , together with all security # therefor and all monies payable thereunder, subject, however, ~ to the conditional permission hereinabove given to Mortgagor to ~ collect the rentals under any such lease. The foregoing assign- _ ~ ment of any lease shall not be deemed to impose upon Mortgagee ~ any of the obligations or duties of Mortgagor provided in any ~ such lease, and Mortgagor agrees to fully perform all obligations ~ of the lessor under all such leases. Upon Mortgagee's request, ~ Mortgagor agrees to send to Mortgagee a list of all leases ~ covered by the foregoing assignment and as any such lease shall ~ expire or terminate or as any new lease shall be made, Mortgagor ~ shall so notify Mortgagee in order that at all times Mortgagee ~ shall have a current list of all leases affecting the property ~ ~ ~ .CA ~ -2- 3ut~!: i;~~~ ~ - ~ ~ - - - ~ : ~~e=..~~~1 ,