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HomeMy WebLinkAbout0244 . • . ' ~ . . . ~ , ~ . . • . • . . • . • - . ( , . . ~transfers the n+ort~ar,ed pTemises~ or a~y part thereoE, aithout first obtaining vtitten consent ~f ~!or~oaoee~ such transfer~ at the o~tton ~f MortgAgee, Shalt ~onstitute a default under the tcrs~s of this instrur~Pnt. 1`tortfie~ee may. vith• out notice to tt~e Mortr,ac,oc, deal with anv suctessor ouner in the sare ma~ner as vith t:ortz;a.^,or, Without in any uat• disr_hargin~ t:~e liability of the Mortga- goY hereunder or vpon tl~e debt hereby secured. 8. If'all or any per~ of the prenises ~re dara~ed, taken, or acquired, either tem- porerily or per~ra~en~~y, in any conden:nation proceeding, or by exercise of.the right of eminent dorei~, or by the alteration of the grade of anv street affec- ling the said prer,,ises. the a~rount of any avard or ottier pay~rent for ~uch tak- ing or darages ~:ade in consideration thereof, to the extent.af the full amount of the then rer,aining unpaid indebtedness secured hereby, is here5y assigned to ?lortgagee, vho is er,povered to collect and receive ttc saere and to give proper trec~ipts therefor in the na~ce of :tortga~~r, and the saRe shall be pai~ :or_h- _ . vith to 1`!ortsagee. Any acrerd or paytr.ent so received by "lortgagee map, at tFe ~ optioa oE `:ort3aree, be retained and applied, in vhole or in part, to the in- dtbtedness secured tiereby (whether or not then due and payable), ia such manner as Mor[Eagee r.:ay deter.~ir.e, or released, in whole or in part, to *iort~agor for ~ the purpose of altering, restoring, or rebuilding 8ay part of the premises vhich a:ay have been altered, da~:.aged, or destroyed as the result of such tek- ing, alteration, or proceeding, but 1`!ortgagee shall not be obliga[ed to see to • the ap~lication of any a~ounts so released. 9. If l~(ortgasee shall incur or expend any scans, including reasonable attorney's fees, vhether in connection with any ection or proceeding o~ not, to sustain the lien of this ~ortgage or its prioritp, or to protect or enforce any of " ' Hortgagee's rights hereunder, or to recover any indebtedness hezeby secured, all such su;r.s shell becor.e iir.r..ediately ~due and payable by Mortgagor with in- terest thereon at the rate specified in the note secnred hereby. All such su~rs ' - ahsll be secured by this mortgage and be a lien on t:~e premises prior to any tight, title, intezest, or claim, in, to, or upon the premises attaching or ac- cruing subsequent to the lien of this mortgage. l0. tr[ortgagor will not assign; in whole or in part, the rents, inco~^e, or ~rofits ~ arising from the premises vithout the prior written consent oi :Iortga~ee, or in any other ~:anner i~:pair t!~e security of this mortgage for the paytrent of tne i indebtedness secured hereby. E • t ~ ~ II. Mortgagor Will observe and perform all covenan[s, conditions, and agree~rents ~ contained in anv lease or leases now or hereafter affecting the prer.:ises, or ~ any portion thereof, on the part of Mortga~or to be observed and perfor.ned. If . Mortgagor shall default in tre pertorn:ance of any of the terQS, covenants, con- "s ditions, ot obligatior.s ir,.posed upon Mort'a~or by any such lease or leases, q which default would give the lessee or lessees the right to terr.inate or cancel ' the said lease or !eases or :^ake sonetary advances and offset the sare against - future rentals, then, at the option oF :~!ortgag~e, the wnole of the indebtedness ~ ~ secured by this c~ortge~e, including ail advances and p3yzre:~ts by Mortga~ee ~ hereunder, shall becor.e ir.:~:ediately due, pa~ab~e and collectible by foreclo- ? • 8ure, or otherwise, vithout notice or der~and. ~'.ortgagor will not accept an}• _ ~ prepayc~ent of reztt ~r :r.stail::ents of rent for ~rore than one month in advance, ~ ~ without the prior crritten consent of Mortgagee. 3 { ~ Mortgegor, upon request, fron tiue :o tine, will fur~ish to Mortgagee a state- ' mettt in such reasonabie detail as 2".ortga~ee may requc_st, certicied by ::ortga- gor, of all :eases relatin~ to the prer~iscs; and, on demand, ~Sortras:or vill ' - ~furnish to Mortgegee executed cosnterparts of ar.y and sIl such Ieases. ' 12. With respect to the said prerises and the operations thereof, ~tortga~or vill - keep or cause to be kept proper books of record ~nd account in accordance with ? generally accepted accour.tir.r, prin~iples consistent~y applied. :•;ertyagee shell have the ri~;ht to exa^ice the sai~ baoks oE record a~d accoun[ at sLCh reason- ~ able ti~:es and intervals as t:orts,a~ee may elect, r:ortgagor vill furnish to the ~ ?iortgog~c, withir. ninety {90) deys after tt~e end of each tiscal yeer of :tortga- ? . 60Qi(~21G P+~GE ~ # _ _ - 3- - ~ , . - - - - _ - _ ~