OF SUCH IMPOSITION), MORTGAGOR MAY ELECT TO PAY
SUCH IMPOSITION IN SUCH INSTALLMENTS AND SHALL BE RESPONSIBLE FOR THE PAYMENT OF
SUCH INSTALLMENTS WITH INTEREST, IF ANY.
(B)
NOTHING HEREIN SHALL AFFECT ANY RIGHT OR REMEDY OF MORTGAGEE UNDER
THIS MORTGAGE OR OTHERWISE, WITHOUT NOTICE OR DEMAND TO MORTGAGOR, TO PAY ANY
IMPOSITION AFTER THE DATE SUCH IMPOSITION SHALL HAVE BECOME DUE, AND ADD TO THE
OBLIGATIONS THE AMOUNT SO PAID, TOGETHER WITH INTEREST FROM THE TIME OF PAYMENT
AT THE DEFAULT RATE.
ANY SUMS PAID BY MORTGAGEE IN DISCHARGE OF ANY IMPOSITIONS
SHALL BE (I) A LIEN ON THE PREMISES SECURED HEREBY PRIOR TO ANY RIGHT OR TITLE
TO, INTEREST IN, OR CLAIM UPON THE PREMISES SUBORDINATE TO THE LIEN OF THIS
MORTGAGE, AND (II) PAYABLE ON DEMAND BY MORTGAGOR TO MORTGAGEE TOGETHER WITH
INTEREST AT THE DEFAULT RATE AS SET FORTH ABOVE.
(C)
MORTGAGOR SHALL NOT BE ENTITLED TO ANY CREDIT AGAINST THE
OBLIGATIONS BY REASON OF THE PAYMENT OF IMPOSITIONS.
6.
INSURANCE.
MORTGAGOR SHALL MAINTAIN INSURANCE IN ACCORDANCE WITH
THE PROVISIONS OF THE REVOLVING CREDIT AGREEMENT.
7.
RESTRICTIONS ON LIENS AND ENCUMBRANCES.
EXCEPT FOR THE LIEN OF
THIS MORTGAGE AND THE PERMITTED LIENS AND EXCEPT AS OTHERWISE PERMITTED PURSUANT
TO THE TERMS OF THE REVOLVING CREDIT AGREEMENT, MORTGAGOR SHALL NOT FURTHER
MORTGAGE, NOR OTHERWISE ENCUMBER THE MORTGAGED PROPERTY NOR CREATE OR SUFFER TO
EXIST ANY LIEN, CHARGE OR ENCUMBRANCE ON THE MORTGAGED PROPERTY, OR ANY PART
THEREOF, WHETHER SUPERIOR OR SUBORDINATE TO THE LIEN OF THIS MORTGAGE AND
WHETHER RECOURSE OR NON-RECOURSE.
D-6
8.
DUE ON SALE AND OTHER TRANSFER RESTRICTIONS.
EXCEPT AS PERMITTED
BY THE REVOLVING CREDIT AGREEMENT, MORTGAGOR SHALL NOT SELL, TRANSFER, CONVEY OR
ASSIGN ALL OR ANY PORTION OF, OR ANY INTEREST IN, THE MORTGAGED PROPERTY.
9.
CONDEMNATION/EMINENT DOMAIN.
PROMPTLY UPON OBTAINING KNOWLEDGE
OF THE INSTITUTION OF ANY PROCEEDINGS FOR THE CONDEMNATION OF THE MORTGAGED
PROPERTY, OR ANY MATERIAL PORTION THEREOF, MORTGAGOR WILL NOTIFY MORTGAGEE OF
THE PENDENCY OF SUCH PROCEEDINGS.
ALL AWARDS AND PROCEEDS RELATING TO SUCH
CONDEMNATION SHALL BE DEEMED PROCEEDS FROM A RECOVERY EVENT AND APPLIED IN THE
MANNER SPECIFIED IN THE REVOLVING CREDIT AGREEMENT.
10.
FURTHER ASSURANCES.
TO FURTHER ASSURE MORTGAGEE'S RIGHTS UNDER
THIS MORTGAGE, MORTGAGOR AGREES PROMPTLY UPON DEMAND OF MORTGAGEE TO DO ANY ACT
OR EXECUTE ANY ADDITIONAL DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, SECURITY
AGREEMENTS ON ANY PERSONALTY INCLUDED OR TO BE INCLUDED IN THE MORTGAGED
PROPERTY AND A SEPARATE ASSIGNMENT OF EACH LEASE IN RECORDABLE FORM) AS MAY BE
REASONABLY REQUIRED BY MORTGAGEE TO CONFIRM THE LIEN OF THIS MORTGAGE AND ALL
OTHER RIGHTS OR BENEFITS CONFERRED ON MORTGAGEE BY THIS MORTGAGE.
11.
MORTGAGEE'S RIGHT TO PERFORM.
IF MORTGAGOR FAILS TO PERFORM ANY
OF THE COVENANTS OR AGREEMENTS OF MORTGAGOR UNDER THIS MORTGAGE, WITHIN THE
APPLICABLE GRACE PERIOD, IF ANY, PROVIDED FOR IN THIS MORTGAGE OR IN THE
REVOLVING CREDIT AGREEMENT, MORTGAGEE, WITHOUT WAIVING OR RELEASING MORTGAGOR
FROM ANY OBLIGATION OR DEFAULT UNDER THIS MORTGAGE, MAY, AT ANY TIME UPON 10
DAYS' WRITTEN NOTICE TO