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HomeMy WebLinkAbout2949 . • . ' • • . ( • . ' 'tsansfera the mortgaged pcemises, or any part thereof, aithout ficst obtaining ; vtitten consent nf Mor*oagee, such transfer, at the ~ption ~f Mort~~gee, shalt conatitute a default under the terms of this instru~ent. Mortgagee mey, vith- out notice to the Mortgagor, deal vith any successor oWner in the same manner ; ~s vith l:ortgagor, vithout in any vay discharging the liability oF the Mortga- go~ hereunder or upon the debt hereby secured. ~ ~ t ` i ~ 6. If all or eny part of the premises ~re da~aged, taken, or acquired, either tem- ; portrily or perrcanen~ly, in any conde~netion proceeding, or by exercise of the -------sight-~f-s~aineat-do~ain,_.nr__~y_th~__alteration_of the grade of any street affec- tiag the said premises, the amount of~ any award or other payment for suc~i tali=-~-~~~ ing or dar~ages c~ade in consideration thereof, to the ex[ent of the full amount of the then remainfng unpaid indebtedness secured hereby~ is hereby assigned to ttortgagee, vho is enpowered to collect and receive tke satre and to give propec ~receipts theref~r in the na~re of Mortgagor, and the sacne shall be paid £or:h- rrith to Mortgagee. Any avard or payn:ent so received by Mortgagee may, a[ 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 ~s Mortgagee a:ay determine, or released, in whole or in part, to rtortgagor for the purpose of altering, restoring, or rebuilding eny part of the premises vhich mey have been altered, damaged, or destroyed as the result of such tak- ing, alteration, or proceeding, but Mortgagee shall not be obligated to see to - the applicatfon of any amounts so released. 9. If Mortgagee shall incur or expend any sums, including reasonable a[torney's feea, tahether in connection with any action or proceeding or not, to sustain the lien of thfs ~?ortgage or its priority, or to protect or enforce any of " Mortgagee's rights hereunder, or to recover any indebtedness hereby secured, ~11 sach sucr.s shall become icr~:ediately due and payable by Mor[gagor with in- tetest thereon at the rate specified in the note secured hereby. All such su~s shall be secured by this mor[gage aRd be a lien on t!~e prer~ises prior to sny s right, title, interest, or claim, in, to, or upon the premises attaching or ac- ~ eruing subsequent to the lien of this mortgage. ~ 10. Mortgagor vill not assign; in whole or in part, the rents; incor_~e, or ~rofits arising froc~ the precr.ises Without the prior writtet~ ~onsent of Mortgagee, or in ~ auyr other aanner ia:pair the security of this mortgage for the payment of the indebtedness secured 'nereby. 11. Hortgagor will observe and perfo~n all covenants, conditions, and agree~rents aontained in aay lease or leases now or hereafter affecting the premises, or any portion thereof, on the part of Mortgagor to be observed and perfotmed. If Mortgagor shall default in the perfortr.ance of any of the terms, covenants, con- ditions, or obligations imposed upon rtortgagor by any such lease or leases, vhich default would give the lessee or lessees the right to tera+inaee or cancel the said lease or 1e~ses or r~ake monetary ad~•ences and offset the sa~e against future rentals, then, at the option of Mortgagee, the whole of the indebtedness _ secured by this ~ortgage, including all advances and paymeats by :Iortgagee 6ereunder, shall becore ir.;mediately due, payable and collectible by foreclo- ~ • sure, or otherwise, without noti.ce or demand. .*~Iortgagor will not accept an~• ? prepeycrer.t of rent ar ~nstailTents of rent for sore than one month in advance, vithout the prior uritten consent of Mortgagee, t ~ Mortgegor, upon request, fron time to ti~:e, will furnish to Mortg~gee a state- ' mettt in such reasonable detail as MortgAgee may request, certiried by Mortga- gor, of all 2eases relating to the prer~ises; and, on demand, Mortgagor Will furnish to Mortgagee executed counterparts of er.y and all such leases. ~ 12. With respect to the said pre~ises and the operations thereof, Mortgegor will r keep or cause to be kept proper books of record and eccount ia accordance with ~ generally accepted accour.tir.g principles consistently applied, Mortgagee shall h~ve the right to examfne the said books of record end account at suc:~ reason- able tirr.es and intervals as riortgegce mey ~lect. Mortgagor Will furnish to the Mortgagee, vithir. ninety (90) days after the end of each fiscal year of Mortga- . 6a0K ~~cJ ?AC; ~J~~ ~ - - ° ~ p~.~~.~- ~ , ~ ~ ~ 4 . . ~ ~-Y ~