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HomeMy WebLinkAbout2744 ' i 18. Right o~f Entr~ . Mortgagee and its agents shall have the right~ to enter and inspect the Mortgaged Property at all reasonable ~imes. 19. Books and Records. Mortgagor will keep and maintain or will cause to be kept and maintained on a fiscal year basis in accordance with generally accepted accounting practices consistently applied proper and accurate books, records and accounts reflecting all of the f inancial affairs of Mortgagor and all items of income ar?d expense in connection with the operation of the Mortgaged Property or in connection with any services, equipment or furnishings provided in . connection with the operation of the Mortgaged Property, whether such income or expense alized by Mortgagor or by any other person whatsoever ex p ng lessees unrelated to and unaffiliated with Mortgagor who ve leased from Mortgagor portions of the Mortgaged Proper~y for the purpose of occupying the same. Mortgagee shall have ~Tie right from time to time at all times during normal business hours to examine such books, ~ records and accounts at ~the office of the Mortgagor or other person maintaining such books, records and accounts and to make copies or extracts thereof as Mortgagee shall desire. Mortgagor will furnish Mortgagee annually, within ninety (90) days next following the -end of each fiscal year of Mortgagor, with a comple te executed copy of an audited financial statement ~ prepared by a certified public accountant acceptable to Mortgagee covering the operation of the Mortgaged Property for such fiscal _year and containing a fully itemized statement of prof it and loss and a balance sheet. The f iscal year of Mortgagor present~ly runs from December 1 to November 30.and the fiscal year of Mortgagor shall not be subseguently changed without the prior consent of Mortgagee. Within ninety (90) days after the end'~of each fiscal year of Mortgagor, Mortgagor shall furnish to Mortgagee a certificate signed by a duly authorized representative of Mortgagor certifying on the date ; thereof either that there does or does not exist an event which ; constitutes, or which upon notice or lapse of time or both j would constitute, a default under the Note or this Mortgage and f it- such event exists, the nature thereof and the period of time ; ~ it has existed. Mortgagor shall furnish to Mortgagee, within ~ ~ ten (10) days after request, such further detailed information ~ covering the operation of the Mortgaged Property and the financial affairs of Mortgagor, or any affiliate of Mortgagor, as may be requested by Mortgagee. 20. Performance of Other ~greements. Mortgagor shall observe and perform each and every term to be observed or performed by Mortgagor pusuant to the terms of any agreement or recorded instrument affecting or pertaining to the Mortgaged Property. ~ 21. After the expiration of five (5) days after ` notice of default by Mortgagee in the case of any default which ~ can be cured by the payment of money (excepting payment of an f ~ installment of principal or interest for which no notice shall ~ be required) or expiration of ten (10) days after notice of default from Mortgagee in case of any other default, provided ~ _9_ ~ ~ ~ ~ . at~~;X 312 ~~cE 2740 ~ g ~ . ~