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(h) oamrenoen~ent of any litigation affecting the I~brtgagecl Pc~emises= or
(i) reoeipt of any rotioe fran any person, partnership, or c;orporation that is
crnmitted to l,end m~ney t,o [rbrtgagor if ~h loan is t,o be secured by a nnrtrgage or security
agreement enc~mberirg all or any part of the irbrbgaged Prc~perty.
13. O~ndenuwtion.
13.1 Upon obtainirg knawledge of the institution, oc the proposed, oontemplated
or threat~ened institution of any prooeedings for tt~e takir~g of the Mortgaged Premises, or
any part thereof, by oor~dernnation or eminent danain, Mortgagor shall inooediately notify
Mortgagee of the pendency of such prooeedings. At its option, Mortgagee may pnrticipate in
any such prooeedings and Mortgagor, from~time to time, shall deliver to Mortgagee all
instrunents request~ed by Mortgagee to pernnit such participation. In any such proceedings,
Mort,gagee may be represented by oounsel of its a~m choosirg.
13.2 At its option, Mortgagee may collect and receive all such o~ndemnation
awards and the prooeeds of all such sales in lieu thereof and give proper receipts: and
aoquittanoes therefor, and Martgagee, at its elect;on, may apply svch awards and prooeeds in
any or~e ~ more of the ways described in paragraph 30 hereof.
13.3 Mort~gagor agrees t~o execute and deliv~er such other ~instrunents as Mortgagee
may require t,o evidenoe the assigrnient of all such awards and prooeeds to Nbrt,gagee.
13.4 In the event m~re than fifty (508) percent of the Mortgaged Premises is
taken by oonde~nnation or eminent danain, the irbrtgagee, at its option, may accelerate the
payment of the Note in the same manner as if any ~trent of Default had ocx~urred.
14. Ieases and Purchase Agree~nents. Irbrtgagor hereby represents that there are no
Leases ar agreements tA lease all ar any part of the M4rtgaged Premises naw in effect which
have not previously been disclosed in writirg t~o Lender. Mortgagar hereby represents that
there are ro purchase agree~ents t~o ~ell all ar any part of the Mortgaged Premises now in
effect except those which are expressly by their term subordinate to this Mortgage.
Mortgagor agrees not to vollect any rent due und~r any leases or agreements to lease prior
to the time sane are due by the tsrms of said leases or agreements to Lease. ~
15. Legal A~etions. If Mc~rtgagee is macle a party to or• apQears, either voluntarily or
involuntarily, in any action or pcooeeding, including but r~ot limited to any proceeding
~nder Title 11 of the Unit~ed States Qode, affectir~g the Mortgaged premises, the Nbte, or "the
validity ar the priority of this Mc~rt~qage, .then, Mortgagor shall, upon demand, reimburse
Mortgagee for all oosts, expenses and liabilities incurred by Mortgagee by reason of any ~
such action ar proceeding including reasonable attorneys' fees, and the same shall be ~
secured by this Mortgage. ~
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~ 16. ~rents of Default. Zfie oocurrenoe of any of the following shall oonstitute an ~
; Event of Default hereunder~:
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(a) Default in Payment. lrbrtgagor shall fail bo pay any instalLment of interest
or principal on the Not,e or any other arounts requfred pursuant to the trerms of the Note or
this Mort~gage as and when the same shall beoa~e due and payable;
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(b) Aerformanoe of CoMenants. Irbrtgagor shall default in the due observance or
perfornianoe of any oo~v~enant or agreement made by Mortgagor hereunder or under any other
agreement between trbrtgagor and Morbgagee, including the Security D~cumerits (other than
payment of money) and such default shall oontinue for a~period of fift~en (15) c3ays afte,~!~
written n~tioe thereof fran the Nbrtgagee t,o Mbrtgagor (unless such default, if curable,
requires w~rk to be perfonned, acts to be done or oonditions t~o be remedied which by their ~S
nature cannot be perforroed, done or remedied, as the ca.~e may be, within sudi fifteen (].5) da~
~ period and Mortgagor shall diligently and oontinuously prooess the same tA ampletion);
(c) Ba-each of Warranty. Any representation ar warranty made by Mortgagor here-
under under any stat~ement, instnment ar oertificate delivered by Mortgagor to Mortgagee
pursuant to the pro~visions hereof, under any other agreement betw~een the Mortgagor and
Mortgagee includirg the Security Lbc.~uaents, or otherwise, shall be determined by Mortgagee
to hav~e been false ar misleading in any material respect as of the date on which the same ,
was made; or ~
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(d) Bankruptcy, Reoeivership, Ir~olv~ency, Etc. Tfie Mortgagor shall ~amnit an `
act of bankruptcy within the meaning of the Title 11 of the United States Code,
"Bankruptcy"; or bankruptcy, receivership, insolvency, reorganization, dissolution,
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