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the Premises, the term of their respective leases, the space
occupied and the rentals payable thereunder.
To the extent not so provided by applicable
law, each lease of t11e Premises, or of any part thereof, shall
provide that, in the event of the enforcement by the Mortgagee
of the remedies provided for by law or by this Mortgage, any
person succeeding to the interest of this Mortgagor as a result
of such enforcement shall not be bound by any payment of.rent
or additional rent tor more than one (1) month in advance.
The Mortgagor will not enter into any lease,
sublease, license, concession or other agreemeiit for the use,
occupancy or utilization of space in the Premises which provides
for a rental or other payment for such use, occupancy or utiliza-
tion based in whole or in part on the income or profits derived
by any person from the Froperty leased, used, occupied or
utilized (unless based on a fixed percentage or percentages
of grQSS receipts or gross sales). Any such lease, sublease,
license, concession or other agreement shall be absolutely void
and ineffective as a conveyance of any right to the use, occu- ;
pancy or utilization of any part of the Premises. The Mortgagor '
further agrees to include in each lease, sublease, license, con- ;
cession or other agreement for the use, occupancy or utilization ~
of any portion of the Premises, a provision that no person hav-
ing an interest in the possession, use, occupancy or utilization
thereof shall enter into any lease, sublease, license,_con-
cession or other agreement for the use, occupancy or utiliza-
tion of space in the Premises which provides for a rental or
; other payment for such use, occupancy or utilization based in
' whole or in part on the income or profits derived by any per-
~ son from the property leased, used, occupied or utilized (unless
~ based on a fixed percentage or percentages of gross receipts or
~ gross sales), and that any such purported lease, sublease,
~ license, concession or other agreement shall be absolutely void
~ and ineffective as a conveyance of any right or interest in the
~ possession, use, occupancy or utilization of any portion of the
E Premises, and the Mortgagor further agrees to use its best -
~ efforts to enforce such provisions. _
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~ Article 16. Further Assurances ~
~ ~
~ The Mortgagor will, at the cost and expense of ~
y the Mortgagor and without any expense to the Mortgagee, do,
~ execute acknowled e and deliver all and ever such future acts
~ ~ g Y ~
~ deeds, conveyances, mor~gages, assignments, notices of assign-
= ments, transfers and assurances as the I~rtgagee shall from time
to time require for the better assuring, conveying, assigning, ~
transferring, and ~onfirming unto the Mortgagee the property and rights ~
hereby conveyed or assigned or intended now or hereafter to be, or ~
which the Mortgagor may be or may hereafter become bound to convey or ~
s
assign to the Mortgagee, or for carrying out the intention or facil-
~i itating the performance of the terms of the Mortgage and this
r, ,
~y Agreement, or for filing, registering or recording this Agreement -
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~ BOOK 2J8 PAGE11~
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