Loading...
HomeMy WebLinkAbout1625 .is • _ [ _ by Mortgagee to protect, restore or repair any part of the Mortgaged Property, or to otherwise cure any default by Mortgagor under this Article 4, with interest thereon at the rate of fifteen (15916) percent per annum, and the same shall be secured by this Mort- . gage. ARTICLE S Compliance With Laws, Ordinances, Etc. SECTION 5.01. Throughout the term of this Mortgage, Mortgagor, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal govern- ments, courts, departments, commissions, boards and officers, any national or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Mortgaged Property or any part thereof and the sidewalks, curbs and vaults adjoining the Mortgaged Property or to the use or manner of use of the Mortgaged Property whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets adjacent to the Mortgaged Property, or onto or over property contiguous or adjacent thereto. SECTION 5.02. Mortgagor shall have the right, after prior written notice to Mortgagee, to contest by appropriate legal proceedings diligently conducted in good faith, without cost or expense to Mortgagee, the validity of application of any law, ordi- nance, order, rule, regulation or requirement of the nature referred to in Section 5.01 hereof, and which does not subject Mortgagee to any criminal or civil liability, subject to the following: (a) If by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith pending the prosecution of any such proceed- ] ing may legally be delayed without the incurrence of any lien, charge of any kind f against the Mortgaged Property, Mortgagor may delay compliance therewith until ~ the final determination of such proceeding. (b) If any lien or charge against the Mortgaged Property would be incurred by reason of any such delay, Mortgagor nevertheless may contest as aforesaid and delay as aforesaid, provided Mortgagor (i) furnishes to Mortgagee security, reasonably satisfactory to Mortgagee against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with the due diligence. SECTION 5.03. Mortgagor will promptly perform and observe, or cause to be performed or observed, all of the terms, covenants and conditions of all instruments of record affecting the Mortgaged Property, non-compliance with which may affect the security of this Mortgage, or which may impose any duty or obligation upon the Mort- gagor or any lessee or other occupant of the Mortgaged Property of any part thereof, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired any and all easements, appurtenances and other interest and rights in favor of or constituting any portion of the Mortgaged Property. : s -8- ao~x315 Pa~E1622