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HomeMy WebLinkAbout0429 t 1.13 Mort a ee's Performance of Defaults. If Mortgagor defaults in t e payment o any tax, assessment, encumbrance or-other imposition, in its obligation to furnish insurance hereunder or in the performance or observance of any other covenant, condition or term in this Mortgage or in any other instrument securing the Note, Mortgagee may at its option perform or observe the same, and all payments made (whether such payments are regular or accelerated payments) and costs and expenses incurred or paid by Mortgagee in connection therewith shall become due and payable immediately, whether or' not there be notice or demand. The amounts so incurred or paid by Mortgagee, together with interest thereon at the Default Rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be added to the indebtedness and secured by the lien of this Mortgage. Nothing contained herein shall be construed as requiring Mortgagee-to advance or expend monies for any purposes mentioned in this para- graph, or for any other purpose. Mortgagee is hereby empowered to enter and to authorize others to enter upon the Mortgaged Property or any part thereof for the purpose of performing or observing any such defaulted covenant, condi- tion or terms, without thereby becoming liable to Mortgagor or any person in possession holding under Mortgagor. 1.14 Books and Records. Mortgagor shall keep and maintain at all times complete, true and accurate books of accounts and records reflecting the results of the operation of the Mortgaged Property. Mortgagor shall furnish to Mortgagee within thirty ( 30 ) days after the end of each semi-annual accounting period of Mortgagor a balance sheet, a statement of income and expenses and a statement of profit and loss, both in reasonable detail, prepared in accordance with generally accepted accounting principles and certified by the Mortgagor. Mortgagor also shall furnish to Mortgagee an annual financial statement within ninety (90) days after the end of Mortgagor's fiscal year, containing the same ~ type of financial information required in the semi-annual reports, certified by a certified public accountant satis- factory to Mortgagee. ' 1.15 Estoppel Affidavits. Mortgagor, within ten (10) days after written request ~ from Mortgagee, shall furnish a written statement, duly acknowledged, setting forth the unpaid principal of, and interest on, the Note, and any other unpaid sums secured hereby, and whether or not any offsets or defenses exist against such principal and inter- est or other sums. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term Event of Default, wherever use in t is Mortgage, shall mean any one or more of the following events: ' (a) Failure by Mortgagor to pay, as and when due and payable, any installments of principal or interest due under ~ the Note, or any deposits for taxes and assessments or ~ insurance premiums due hereunder, or any other sums to be -11- F 1 p~ BOOK JJ~ PAGE - Y r MwHONEY HAOLOW 6 /40AM5, 1401 AMERIFIRST BUIIOING, MIAM1, FL01710A 33131 TEL. (3051 356- 5550 ~ i t