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HomeMy WebLinkAbout1624 t, r SECTION 3.06. If Mortgagor shall fail to procure, pay for and deliver to Mortgagee any policy or policies of insurance and/oc renewals thereof as in this Article 3 required, Mortgagee may at its option, but shall be under no obligation to do so, effect such insurance and pay the premiums therefor, and Mortgagor will repay to Mortgagee on demand any premiums so paid, with interest at the rate of fifteen percent (1596) per annum from the date of payment, and the same shall be secured by this Mortgage. ARTICLE 4 Repairs, Maintenance And Removal SECTION 4.01. Mortgagor will not cause or permit any building, structure or improvement oc other property now or hereafter covered by the lien of this Mortgage and comprising part of the Mortgaged Property to be removed, or demolished or struc- tually changed or altered, in whole or in part, or any Fixture comprising part of the Mortga- ged Property to be removed, severed or destroyed, except as expressly provided in this Mortgage, without the prior written consent of Mortgagee. Simultaneously with, or prior to, any such permitted removal any such equipment shall be replaced with other equip- ment to perform the function_of the equipment removed and of a value at least equal to that of the equipment replaced and free from any title retention or security agreement or other encumbrance. By such removal and replacement the Mortgagor shall be deemed to have subjected such equipment to the lien of this Mortgage, Mortgagor will not abandon or cause or permit any waste to the Mortgaged Property and will at all times maintain the same in thorough repair and condition, and will comply, and cause all occupants of the Mortgaged Property to comply, with all laws statutes and ordinances relating to the maintenance or use of the Mortgaged Property and with all requirements, orders and notices of violation thereof issued by any governmental authority. Mortgagor will pay all license fees and similar municipal charges for the use of the Mortgaged Property and the vaults or other areas now or hereafter comprising part thereof air used in con- e! section therewith and will not, unless so required by any governmental agency having jurisdiction, discontinue such use without prior written consent of the Mortgagee. Mort- gagor will also pay all utility bills and charges for services rendered to the Mortgaged Property except those bills and charges billed directly to any tenant of all or any part of the Mortgaged Property by the utility involved. SECTION 4.02. Throughout the term of this Mortgage, Mortgagor, at its sole cost and expense, will take good care of the Mortgaged Property and the sidewalks, curbs and vaults, if any, adjoining the Mortgaged Property and will keep the same in good order and condition, and make all necessary repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and unforeseen and foreseen. All repairs made by the Mortgagor shall be equal in quality and class to the original work. The necessity for and adequacy of repairs to the buildings and improvements pursuant to this Article hereof shall be measured by the standard which is appropriate for facilities and buildings of similar construction and class, provided that Mortgagor shall in any event make all repairs necessary to avoid any structural damage or injury to the buildings, structures and improvements to keep the buildings, structures and improvements in a proper condition for their intended uses. SECTION 4.03. Mortgagor will permit Mortgagee and Mortgagee's repre- sentatives to enter the Mortgaged Property at reasonable times to inspect the same. In case of any default under this Article 4, Mortgagee may, at its option, cure such default and may, at its option enter the Mortgaged Property to protect, restore or repair any part thereof, but Mortgagee shall be under no obligation to. do so. Mortgagee shall not be liable to Mortgagor or any person in possession under Mortgagor if it does enter the Mortgaged Property. Mortgagor will repay to Mortgagee on demand any sums paid -7- ao~K 3~.5 PacE~~