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HomeMy WebLinkAbout0245 . ~ • , ~ ' ~ . ~ . . . ' ' gor, ~ statc~rent oF income end sucplus of liortgegor for such fiscal ycar, in rteso~sble detail and stnting in co^•perative focm the figures as of the end of aad for :he previous f±sca: ~•ear. izcludins statcR~n:s a: :acoce snd e.~pensc relating to operatlons of the pre~+tses~ certified by en independent cert~fied public eccountant acceptable to 'lortea~;ee. In addition, ;'.ortga~o~ ailt furnish to MoTtga~ee such interim finenciel stater.en[s, as Mort~a~ee c^~y teq~est, cer- . tified by Mortgagor in such form •s mey be acceptable to riortgagee.~ 13. In the even[ that Mortgagee (a) Grents any extensio~ of ti~re for forbearance vith respect to the pa}Renc of aay indebtsdness sec~ired by this aortgage; (b) Takes otheT or additionel security for the payr.ent thereof; (c) M'aivcs or fails to exercise any risht grented herein er under the noce secured hereby; (d) Grants any release, vith or vithout consiJeration, of the vnole or any part of the security held for the payn:ent of ~the debt secured hereby or the re- lease of an~~ person liable for pa«-ent of said debt; (e) A~ends or rr.odifie9 io any respect vith the consent of :!ort~.:gor any of the te n-s and provisions hertof or of the note secured hereby (including substitution oE another note); th~n and in any such event, such act or amission to act shall not release Mort- gagor, or any co-makers, sureties, or guarantors of this r~ort~age or of t~e ' note secured hereby, under any covenarit of this mortr~sge or of the said note, • nor preclude ~Iortgagee frau, exercisino eny righ[, peWer, or privilege herein granted or inter.ded to be granted in the event of any other default t;~en made . or any subsequent default and vithout in any Wise impairing or affecting the liea or priority of this mQrtgage. 24. Mortgag~r vill not make, suffer, or peronit, wi:hout the vritten consent of the Mortgagee first had and obtained, (a) Any-use of the prer~i~es for any purpose • other than that for wnich the sa~re are now used or iatended to be used; (b) Any alterations of the buildinQS, i~rprovements, fixtures, apparatus, cr.a.:~iaery, and equipc~ent now or hereafter erected or located upon [he said prer~ises; (c) ~ny purchase or conditional sale, lease or agreer,.e~t under which ti[le is re- setrved in the vendor of any such fixtures, apparatus, ~achinerv, equip:~ei~t, o~ .personal property to be placed in or upon any of the buildings or i~rproverents - on the said prenises. Mortgagor will execute and deliver, trom tine to tine. ~ such further instrw-r.ents as may be reauested by rlortgagee to confirm the lien of this c:ortgage on any fixtures, property, machin~ry, apparatus sna eQuipment ' described herein. ; 15. If defauZt shall be made fq any of the conditi~ns or covenants herein, or in ; . aeid note contained, or in the securit}~ agreecr.e:~t given hereby in cor.neccion ~ vith this transaction as additional security, or other agreer~ent given in car.- ~ uection ~aith this transactioa (it being her~by a~reed that on c~efaul.t in the ; payc~~ent of any tax or assessr..ent or insurance presium, or any p2;~r.ent'vn ec- ; tount thereof, or in the pa~zrent of any cost or er.pense of litigation, the ' MortgBgee ~:ay pey the sacr.e and all sc~rs so advanced, witl~ interest at the rate set forth in the note secc~red herebv, shall i~.ediately attach cs a lien here- ~ tmder and be paSable on der.:and), the wnole of said principal sum and-all the ' accrued fnterest thereon shall thereupan at the option of the said Mortgagee ~ - end without notice to said :~ortgagor (notice being hereby waiYed) becore and be ; forthwith due and payable, and shail thereupon be collectib?e in a suit at law, { ; or by foreclosure of tnis r.:ortgage, in t: ~ sar,.e ~:anr.er as if the c~ho~e of said ; F principal sum had been .:~a~e payable-at the ti~.e when any such default sha21 occur as aforesaid. ~ny failure to exercise said opeion shall not constitute a ' vaiver of the right to ex~rcise the sar.r~ at any other tir..e. It is agreed that _ "default" shall e:,orace and ir.clude any action in Sankruptcy, receivers2~ip, ar ; ~ reorganization filed bv or against 'c:ort~agcr, or the occurence of any jud3z~er.t • ~or proceeding entered or brought against ?.ortr~~or by any p~rson affectir,g the - said premises or to ~oreclose any lien t:~ereon. T'cie ~iortgas;or, in case ot s4c:: defnult and ttie ccntfnu~r.ce thereoi as aforesaid, does :er^by aut~ori~e and fu21y erpower the r~ort~a~ee to sell tt,e said prerises at public auction, 4n~ _ convey the sar.:e to the purchaser, arreeably to tne statute in such case r~ade - and provided, and out of t::e noney arising fre:~ s•.:c~ saie to retain tl?e prir.ci- - pa1 and interest Wiiich shall thcn b~ due on t!:e saic: note, atl payr:.ents d~e hereunder, tne e:cpenses of such sale, and a reasonat:e sum as at:.cra~y's faes, h ; _ - • w~• . ~YHw~~1 ~ ~ . . _ . - . , _ . ~ = c`-.~.:~. ` ~ ~r- - ~ ~ . . . _