Secured Parties as follows:
1.
DEFINED TERMS.
CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN
SHALL HAVE THE MEANINGS ASCRIBED THERETO IN THE REVOLVING CREDIT AGREEMENT.
REFERENCES IN THIS MORTGAGE TO THE "DEFAULT RATE" SHALL MEAN THE INTEREST RATE
APPLICABLE PURSUANT TO SUBSECTION 3.1(C) OF THE REVOLVING CREDIT AGREEMENT.
REFERENCES HEREIN TO THE "SECURED PARTIES" MEAN THE REFERENCE TO THE SECURED
PARTIES AS DEFINED IN [THE REVOLVING CREDIT GUARANTEE AND COLLATERAL AGREEMENT].
2.
WARRANTY OF TITLE.
MORTGAGOR WARRANTS THAT IT HAS GOOD RECORD
TITLE IN FEE SIMPLE TO THE REAL ESTATE, AND GOOD TITLE TO THE REST OF THE
MORTGAGED PROPERTY, SUBJECT ONLY TO THE MATTERS THAT ARE SET FORTH IN SCHEDULE B
OF THE TITLE INSURANCE POLICY OR POLICIES BEING ISSUED TO MORTGAGEE TO INSURE
THE LIEN OF THIS MORTGAGE AND ANY OTHER LIEN OR ENCUMBRANCE AS PERMITTED BY
SUBSECTION 7.2 OF THE REVOLVING CREDIT AGREEMENT (THE "PERMITTED LIENS").
MORTGAGOR SHALL WARRANT, DEFEND AND PRESERVE SUCH TITLE AND THE LIEN OF THIS
MORTGAGE AGAINST ALL CLAIMS OF ALL PERSONS AND ENTITIES (NOT INCLUDING THE
HOLDERS OF THE PERMITTED LIENS).
MORTGAGOR REPRESENTS AND WARRANTS THAT IT HAS
THE RIGHT TO MORTGAGE THE MORTGAGED PROPERTY.
3.
PAYMENT OF OBLIGATIONS.
MORTGAGOR SHALL PAY AND PERFORM THE
OBLIGATIONS AT THE TIMES AND PLACES AND IN THE MANNER SPECIFIED IN THE LOAN
DOCUMENTS.
D-5
4.
REQUIREMENTS.
MORTGAGOR SHALL PROMPTLY COMPLY WITH ALL
COVENANTS, RESTRICTIONS AND CONDITIONS NOW OR LATER OF RECORD WHICH MAY BE
APPLICABLE TO ANY OF THE MORTGAGED PROPERTY, OR TO THE USE, MANNER OF USE,
OCCUPANCY, POSSESSION, OPERATION, MAINTENANCE, ALTERATION, REPAIR OR
RECONSTRUCTION OF ANY OF THE MORTGAGED PROPERTY, EXCEPT WHERE A FAILURE TO DO SO
COULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
5.
PAYMENT OF TAXES AND OTHER IMPOSITIONS.
(A)
PROMPTLY WHEN DUE
OR PRIOR TO THE DATE ON WHICH ANY FINE, PENALTY, INTEREST OR COST MAY BE ADDED
THERETO OR IMPOSED, MORTGAGOR SHALL PAY AND DISCHARGE ALL TAXES, CHARGES AND
ASSESSMENTS OF EVERY KIND AND NATURE, ALL CHARGES FOR ANY EASEMENT OR AGREEMENT
MAINTAINED FOR THE BENEFIT OF ANY OF THE REAL ESTATE, ALL GENERAL AND SPECIAL
ASSESSMENTS, LEVIES, PERMITS, INSPECTION AND LICENSE FEES, ALL WATER AND SEWER
RENTS AND CHARGES, VAULT TAXES AND ALL OTHER PUBLIC CHARGES EVEN IF UNFORESEEN
OR EXTRAORDINARY, IMPOSED UPON OR ASSESSED AGAINST OR WHICH MAY BECOME A LIEN ON
ANY OF THE REAL ESTATE, OR ARISING IN RESPECT OF THE OCCUPANCY, USE OR
POSSESSION THEREOF, TOGETHER WITH ANY PENALTIES OR INTEREST ON ANY OF THE
FOREGOING (ALL OF THE FOREGOING ARE COLLECTIVELY REFERRED TO HEREIN AS THE
"IMPOSITIONS"), EXCEPT WHERE THE VALIDITY OR AMOUNT THEREOF IS BEING CONTESTED
IN ACCORDANCE WITH THE PROVISIONS OF THE REVOLVING CREDIT AGREEMENT.
UPON
REQUEST BY MORTGAGEE, MORTGAGOR SHALL WITHIN 30 DAYS AFTER THE REQUEST OF
MORTGAGEE, DELIVER TO MORTGAGEE EVIDENCE REASONABLY ACCEPTABLE TO MORTGAGEE
SHOWING THE PAYMENT OF ANY SUCH IMPOSITION.
IF BY LAW ANY IMPOSITION, AT
MORTGAGOR'S OPTION, MAY BE PAID IN INSTALLMENTS (WHETHER OR NOT INTEREST SHALL
ACCRUE ON THE UNPAID BALANCE