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HomeMy WebLinkAbout1042 : complete capy of any such noti~~, and (c) enforce, short of termination thereof, the performance or observance of each and every term, covenant and provision of ~iriy such iease by the lessee thereunder to be performed or observed; and that, the event o~ any default under this Mortqage, Mortgagor will pay monthly in advance to Mortgagee, or to any ~eceiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occu- pation of such part of the Mortgaged Property as may be in possession ~f Mort- qagor, and upon default in any such payment, will vacate and surrender possession ~~f such part of the Mortgaged Property to Mortgagee or to such receiver and, i~ ~~fault thereof~ Mortgagor may be evicted by summary proceedinqs or otherwise. 9. The ~lortgagor will, at the cost of the Mortgagor, and without ~~xpense to the Mortgagee, do, execute, acknowledge and deliver all and every such further aets, deeds, eonveyances, mortgages, assignments, notices of assign- ments, transfers and assurances as the Mortgagee shall from time to time require, for the better assuring, conveying, assigning, transferring and confirminq unto c~~e Mortgagee the property and rights hereby conveyed or assigned or intended ~~ow or hereafter so to b~, or wbich the Mortgagor may be or may here.~fter become t~ound to convey or assign to the Mortgagee, or for carrying out the intention or facilitating the performance of the t~rms of this Mortgage or for filing, registering or recordinq this Mortgage and, on demand, will execute and deliver, and hereby authorizes the Mortgagee to execute in the name of the t4ortgagor to the extent it may lawfully do so, one or more financial statements, chattel m~rtgages or comparable security instruments, to evidence more effectively the lien hereof upon the mixed or personal property. ~ 10. (a) The Mortgagor forthwith upon the execution and delivery of this Mortqage and thereafter from time to time, will cause this Mortgage, and ::ny security instrument creating a lien or evidencing the lien hereof upon the mixed or personal property and each instrument of further assurance to be filed, reqistered or recorded in such manner and in such p2aces as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the interest of the Mortgagee in, the Mortgaged Property. (b) The Mortgagor will pay all filing, registration or record~ng fees, and all expe~ses incident to the preparation, execution and acknowledg:nent of this Mortgaqe, any mortgage supplemental hereto, any security instrument with respect to the Chattels, and any instrument of further assurance, and all federal,:. state, county and municipal stamp taxes arid other taxes, duties, imposts, assess- ~ents and charges arising out of or in connection with the execution and delivery of the Note, this Mortgage, any mortgage supp2emental hereto, any security instru~ent with respect to the Chattels or any instrument of further assurance. • 11. That, if Mortgagor or any party constitutinq Mortgagor is a cor- poration, the execution and delivery of this Mortqage has been duly authorized by the Hoard of Directors of such corporation; and that, if required by the ~ertifieate of Incorporation o f such corporation, the execution and delivery of this Mortgage has been duly consented to be the stockholders of such corporation. The Mortgagor, if a corporation, will do all things necessary to preserve and k~ep in full force and effect its existence, franchises, rights and orivileges as a business or stock corporation under the laws of the state uF its incor- poration and will comply with all regulations, rules, ordinances, statutes, order:; and decrees of any Governmental Authority or court applicable to the Mortgagor or to the Mortgaged Property or any part thereof. 12. The Mortqagor, from time to time when the same shall become due, tirill pay and discharge all taxes af every kind and nature (including real and personal property taxes and income, franchise, withholding, profits and gross receipts taxes), all general and special assessments, levies, permits, inspect- ion and license fees, all water and sewer rents and charqes, and all other public charges whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Mortgaged Property or arising in respect~ cf the accupancy, use or possession thereof. Ttie Mortgagor shall deliver to the Mortgagee receipts evi~encinq the payment of all such taxes, asses sments, levies,; fees, rents and other Fublic charges imposed upon or assessed against it or the : Mortgaged Property or the revenues, rents,issues, income or ~rofits thereof at ' least thirty (30) days before any such payment would become delinquent under the ` law then in force governing such payments. Nothing in this Paragraph 12, shall require the payment or discharge of any obligatinn imposed upon the Mortgagor by this Paragraph so long as the hlortgagor shall in good faith and at its own exper.se contest the same or the validity thereof by appropriate legal proccedings which shall operate to prevent t~e colle~tion thereof ~r other realization thereon and the sale or forfeiture of the Premises or any part thereof to satisfy the same; provided, however, that ~uring such contest the Mortgagor sha11, at~the option of the Mortgagee, provide a bond or other security satisfactory to the Mortgagee as obligee assuring the discharge by the Mortqagor of its obligations hereunder and the payment of any - 4 - GwEENE •ND ~~~NE P~, ~TTORhErS w1 ~.~W, 320 w E~B*^ STREETnM~~r~ F~Oi~~ow ~3i32 _ ~~~19 i04~