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within sixty (60) days following expiration of Mortgagor's first fiscal year and of
each fiscal year thereafter during the tars of this Mortgage, will furnish to Mortgagee
a statement showing i.n detail all such earnings and expenses since the last such
statement, verified by the affidavit of its principal executive officers and in the
event that such statement shall be inaccurate or false, or in the event of the failure
of the Mortgagor or any subsequent owner to permit Mortgages or its representatives
to inspect said books on request, Mortgagee may consider such acts of Mbrtgagor as a
default hereunder and proceed in accordance with the rights and remedies afforded it
under the provisions.of this .instrument.
13. That upon default by Mortgagor in performance of any of the terms, covenants
or conditions herein or in said note contained, Mortgagee may, at its option and
whether electing to declare the whole indebtedness due or not, perform the same or
any of them without waiver of any other remedy, and any amount(s) paid or advanced
by Mortgagee in connection therewith, and/or any other costs, charges or expenses
incurred in the protection of said premises and the aaintenance of this Mortgage shall
be repayable by the Mortgagor without demand, with interest thereon from the date of
such payments at the highest rate permissible under the laws of the pertinent juris-
diction, and if no maximum rate has been promulgated; then at rate four per
cent higher than the rate set forth in said note, and shall be a charge upon the said
premises prior to any right, title to, or interest in or claim thereon, attaching or
accruing subsequent hereto and shall be secured by this Mortgage.
14. Mortgagee, in making any payment herein and hereby authorized in the place
and stead of Mortgagor, relating to taxes, assessments, water rates, sewer rentals
and other governmental or municipal charges, fines, impositions or liens asserted
against the premises, may do so according to any bill, statement or estimate procured
from the appropriate public office without inquiry into the accuracy of the bill, state-
ment or estimate or into the validity of any tax, assessment, sale, forfeiture, tax
lien or title or claim thereof, or relating to any apparent or threatened adverse
title, lain, statement of lien, encumbrance, claim or charge, shall be the sole judge
of the legality or validity of same. In making payments relating to any other purpose
herein and hereby. authorized, but not enumerated in this paragraph, Mortgagee may do
so whenever, in its judgment and discretion, such advance or advances shall seem
necessary or desirable to protect the full security intended to be created by this
instrument. At any time, Mortgagee may and is hereby authorized to obtain a contin-
uation report of title prepared by a title insurance company, the cost and expenses
of which shall be repayable by Mortgagor without demand and shall be secured hereby.
15. That upon default by Mortgagor hereunder, Mortgagee may, without notice and
without regard to the adequacy of security for the indebtedness secured, either
personally or by attorney or agent without bringing any action or proceeding, or by
a receiver to be appointed by the court, enter upon and take possession of said pro-
perty or any part thereof, and do any acts which Mortgagee deems proper to protect
the security hereof, and either with or without taking possession of said property,
collect and receive the rents, royalties, issues and profits thereof, including rents
accrued and unpaid, and apply the same, less the costs of operation and collection,
upon the indebtedness hereby secured to Mortgagee as further security for the payment
of such indebtedness. If required by Mortgagee, Mortgagor shall execute and deliver
to Mortgagee a separate instrument assigning to Mortgagee all leases signed and to be
signed and rents to be collected thereunder. Exercise of rights under this paragraph
or under said separate assignment of leases and rents shall not cure or waive any
default or notice of default hereunder or invalidate any act done pursuant to such notice,
but, shall be cumulative to the right and remedy to declare a default and to foreclose as
hereinafter provided, and cumulative to any other right and/or remedy hereunder, or
provided by Iaw, and may be exercised concurrently or independently. Expenses incurred
by Mortgagee hereunder, including reasonable attorney's fees, shall be secured hereby.
16. In the event that the Note, this Mortgage or any other document, agreement
or instrument executed concurrently herewith shall provide for the payments of a pre-
payment fee in the event of the prepayment of the Note, it is agreed that, upon the
occurrence of a default hereunder or a default of any of the terms and provisions of
any of the other loan documents or upon any other prepayment of all or any part of the
indebtedness represented by the Note, whether upon condemnation, destruction by fire
or casualty, or otherwise, such prepayment fee shall thereupon be and become due and
owing and the same shall constitute additional indebtedness secured hereby.
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