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Home My WebLink About1733 prcini~es, let thc s:imc, collcct aQ rents thcrc:from and ~pply tlie rcnts, a(tcr p:?~-ment of all charges and expenses, on accuur?t the deht secured by said mortgage, ~vhether them m~tured or not; and said rents and al! leases txisting at the ti:~~•~ c~ such deflult are, in the e~•ent.of such default, liereby assigncd as further security for the pa~•ment o! said debt tu the :~:ort~abee, .~•I~ich by virtue oE such rioht to possessian and as lttor~iey-in-fact of the ~iortga~or may dis~wssess, b~• sununai~• praccrdia~;. or otLenvise, an~ tenants of said premises then or thereafter in default in the payTnent of a:,~• rrut, ;~nd il,e ~iortna~or hereby irre~oclbly appoints the 1liortgagce attomey-in-fact of tlie Mertgagor for such ~~urpose, Tn tt~e e~•ent that die ~fortou~or is an occupant of said premises, the riortgagor agrees to surrender the r~ssc:sion of saic! prernisc~s to tlse \tortga~ee immeciiately upon ~ny default under sa~d mort~age upon demand by tf:;: ~Iprt~a~ce, and if the \Iort~agor remains in possession after such demand, such possession shall be as tenant of tl~e \~tortbagec, and the \for:gagor a~rees to pay monthly in advance to tlie Mortgagce such rent for the preniises sc~ occiipied as tl~e \[ortJagee ma~~ demand, ~nd in default of so doi~ig the Ilfortgagor may also be dispossesxd by suinn~a~y proceedin~s or other~.-is~. In case of the appointment of a recciver of rents and pro&ts of said premises, the co~•enants of tliis plra~raph may be tnforced by such receiver. - 15. Thc ~~ort~a~or ~~~itl not, ~vithout ihc prior ~vritten consent of thc Mortgagce, assign the r~nts or any part tlitrrof, frc~m said preinises; nor consent to the cancellation or surrender of, or accept pzepayment of rents under, an~ lease no~v or liereafter co~ering said premises or any part thereof having an unexpired tcrm of more than l ~•ear; nor rrodify an~• s~ich Iease so as to shorten the term, decrease the mnt, accelcrate the payment of rent or ~ clianne the terms of anS~ rene~val option, and any such purported assignment, cancellat~on, surrender, prepayment or sno~i&cation m:dr. ~vithout the ~rritten consent of the I~•fortgabee shall be void ~as against the Mortgagce. ~dXi~+ii€~X~ft}eX~~'~~`.~f~t~~4~C~tiXIX~Set~fn~5fi~~~?~a1f~E~~d~3C~~2S~n'C~1=f}i~~}#K~l#~~X?I'.~~~'47K~X1~t ?iS~~iX~~"e~tX3~X~~~~ai~7~~'i~f~~~~(tX~if~:rAY:~lfd~LY+~o~I}~a'6~J~1S~v}~~jr~4i~ie~f6C~friclX~Xe#~(~'j'~ ~~N~#~~{Y.~h]€ ~~`o-X~~3~f~C34~4KsY~}6}S~C~3(~ttY~(fK7~i~XSI~,~fi~dEX~ft~f7~ift~F}G~a~g';tdEifilriifX~3r?tififik'1?'j~ir~a'#e~7~~~?~~~43~ _ F~~l'f~ri~! 29]XtXt~it~ ~df~e~t~'fib~~nyr~~{Rt~ic~~t;~l~?~i~~te~ ~c347~ft~ii¢Xs`a>>dX~te~?Yc'd' ~~f?~!~lirE}~tticr~'GX~i$X1I~k xlfi3~cg~~~~Ct~y`c`G~~~bX~'Cs~`Ct}i~Xle~Et~~~C3CtYak~e~f-7~f~~EXoF~E@~CA~rt~b4r~f ~3fd~Xt~~i .~~ke~ti~~~~ ]~?~r~#YO~:6c'}i~'IE~CI{~Yi~f h'~Zaf~~rk~3{d 7fo'~e~ofXto~fBaC~ifaY~]CYtXiv'1~~~C~eXsII~[L`!a~f~t}t}~'~[~~~~ }~ib~c~K:tc'~dX`~i~'in'.~a~~n'.29~}fXXCI~ ~~~~dgo~Y+r]{K~3~i~iridC3nj9}E~jit~l~tioCifl~C}~i~~t~c~ti?3~~~Xa~1?Iea~:~`(~~ 1C1i~I~j3i~,n'~C{I~rXab'v ~~fr'~f~Jfie'c~}{ i~3C~`fKtbTiX ~frlb~"`@8'~~li~ 16. If it shall be determined by the go~~ernmental authority having jurisdiction that mort~ge or other tares are due on said mortgage and/or this agreement or on the note or ohligation secured by said mort~agc, the riortgagor ~riq pay thc same. - statutory 17. Tl:e rights of the 1lfortgagee herein specified shall be in addition to it~rights ~~~i~q~~~~~yttR ~€~}~a~S~~I~X l8. The Aiortgagor avill maintain full and correct books and records sho~tizng in detail the ~arnings and expenses of said premises; ~vill permit thc ?~iortga~ee and its representatives to e.~camine said bools and records and all sup• - portin~ ~~ouchers and data at an,r• time and from time to time upon rc~uest by the 11Sortgagec at said premises or at such other place in the city and county in which said premises are located as such boolcs and records are eustomariiy ~:ept; and at any time a:i3 from time to time ~n-ill furnish to the A'Iortgap;ee at its rcqucst a statement sho~titing in detai! all such earnings snd expenses since the last such statement, ~•enfied by the affidavit of the 11Sort~~or or then o~.zier, or if the same be a corporation by an affida~~it of its principal executive officer. 19. Upon any default of t~e Tlortgagor in complying ~vith or performing any ~?arranty or covenant of said mo: t~a~e as hereb~ amended, the \-fortga~ee may, at the 1liortgagee's option, comply ~~~ith or perform the same, and thc cost thercof, torc:hcr ~.-ith interest thereon at a rate cqual to the higher of (i) the lc~al rate or (ii) thc mortgaac rate set forth hercin plus %2 of 1~"o, but in no event in excess of the marimum mte permittcd by law, sl~all be paid by tl:e ~Iort~aaor to the ~iortga~ee on demand and shall be sccured b}• ~~id mori~age. Not~vithstanding that the f debt seci:red by said mortgage shall not have been declared due and payable upon any siich default, said debt shall { bear interest at the rate specified in the preceding sentence from the date of notice and demand therefor by thc ! Aioztjagee until said default sliall have been completely cured and mmovcd to the satisfaction of the I~iort~agee. f 2~. The ~iortja~or ~vill not hereafter execute or deli~~er any mortgage covering said premises or any part thereof ~ unless such mortaage shall contain express covenants to the eflect that (i) such mortgage is and shall remain in all ; respe:.ts subject an1 subordinate ~o said mort~age hereoy extended and to any m~sdifications, extensions or rene~vals ~ thereof, (ii) no tcnaat under any lease of any portion of said premises ~vill be made a pazty defendant in any ~ foreclcnure of such rnort~a;e, nor ~.il! an} other action t~ taken in conncction ~~~th such foreclosure ~~hich~vould ha~e the effect of terminating any such lease, (iii) no portion of the rents, issues and profits of said premises shall be colle~tecl in connection «•ith the fomclonr.e of such mortga~e except_tl~rough a receiver apj»inted by the court in ~ ~.hich such foreclosure action is brought, after due notice of the applicahon of the appointment of such recei~~er shall ~ ha~•e been gi~•en to the lioztgagee, (iv) the rents, issues and profits collected by any such recei~~er shall be applied first to the pa}znent of taxes, inaintenance and operating charges and disbursements incurred in connection ~v~th the ~ operat~o~ ;:rd maintenance of said premises and next to the pay~nent of principal and interest due t~nder said ~ mori~a~e hereb}• estended at the time of such appl;cation, before any portion of such rents, issucs and profits shall be ~ applicd to sac!~ mort~agc, (v) if durin~ the pendency of any such foreclosure action, an action shall be brought for ~ the fc~recto~~ere o~ said mortgage hereby exte:~ded and an applicat~on shall he made [or an extension of such recei~er- ship fo: the bencfet of the 11'lortasgce~ all siicii rents, issues and profits held by such recei~-er as of the date of such ~ application shall be applied by the recei~~er solely for the benefit of the Mortgagee, and the holder of such mortgage sha11 not be entitlcd to any ~rti~n thereof, and (~~i) due notice of the commencement of any foreclosure of such ~ mort~:~?e shall he ~iven to the Tiort~agee and true copies of all pagers sen~ed or entered in such action ~cill be ~ deii~•emcl t~ thc 11ort~a~ee. ~ ~ ~ 21. The ?liortgagee may, at the \fort~agee's option, fomclosc said mortgage for any J~rtion of the debt or any oelier siims s~cured thereb~• ~.hich arc then ~ue a~~d pa~•abie, subject t~ t~ie contimiin~ lien of ~1id mortga~c for the ~ Ual:m~e of t'.ie r~ort~agc deh! not t!~cn due. ' ~ 22. In the erent that any pzyment i~erein pm.•idcd for sh111 l,cc~inr o~•erdue for a pcrioci in e~ccss of 15 da}s, - a`9ate charge" of four cents (4E 1 for each dollar { S1) sc? overdue shall bccrniic immediatel~• di?e to the holder of sa:d m~rtga~;c as liqi~idatc:i daina~es for [ailure to ma~:e proint~t pa~•rr.ent, :er.d tl?~~ sa-nc shall sec~~red b}• said mortgage. ~ Said cF~::rge shall t~e ~~ayable in any event not latcr than the duc date of thc. ncst sul~sccjucn! installmetit. L3. The «hole of the debi srcured b}• said mort~a~e sl~all immedi~tel} Lecome due and pa~•able at the option of thc 3iort~a;ee, and thcrcupc,ci t{,e 1lortga~cc shall ha~~c tlic r~ht, amon~ a~l~crs, to forcclosc saed niortga~e, uPon ; t~sc h. P~r,~iiir.; of zm• onc or morc of the fo1(o~~-ing: ~ (a) I~ailurc of thc .ltoriga~or to pa~• am installmcnt of principa': or intcrrst ~~~itLin ]5 days a[ter thc duc date _ thercof ; • ~ (h) Failu:e of the :~iortga~or to pay on demand the amount of any costs of the 11~fort~agec, ~sith interest thereon, ~ sccured i~} said mortgane; _ ~ (c) Failurr. of the T'Iort~agor to comply ~viti? or Perform any other ~~•arranh• or covenant of said mortgage as hereLy amended or in the obligation securcci thereb}• ~vithin the grace pcriod, if~any, herein specified; - ~ ~ zXx O~ f IW[ 173Z eoo~ ~ ~ - : - ~ ~ , ~ 'r~: »4"~ _ _ _ . _ . . _ _ .~~.~Y