as
though now owned by the Mortgagor and specifically described herein.
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TO HAVE AND TO HOLD the Mortgaged Property unto the Mortgagee, its successors
and assigns, for the ratable benefit of the Secured Parties, forever, subject
only to Liens (as defined in the Revolving Facility Credit Agreement), expressly
permitted under Section 6.02 of the Revolving Facility Credit Agreement and to
satisfaction and release as provided in Section 3.04.
ARTICLE I
REPRESENTATIONS, WARRANTIES AND COVENANTS OF MORTGAGOR
Mortgagor agrees, covenants, represents and/or warrants as follows:
SECTION 1.01.
MORTGAGE LIEN.
MORTGAGOR WILL FOREVER WARRANT AND DEFEND ITS
TITLE TO THE MORTGAGED PROPERTY, THE RIGHTS OF MORTGAGEE THEREIN UNDER THIS
MORTGAGE AND THE VALIDITY AND PRIORITY OF THE LIEN OF THIS MORTGAGE THEREON
AGAINST THE CLAIMS OF ALL PERSONS AND PARTIES EXCEPT THOSE HAVING RIGHTS UNDER
LIENS EXPRESSLY PERMITTED UNDER SECTION 6.02 OF THE REVOLVING FACILITY CREDIT
AGREEMENT (BUT TO THE EXTENT OF THOSE RIGHTS).
SECTION 1.02.
REVOLVING FACILITY CREDIT AGREEMENT.
THIS MORTGAGE IS GIVEN
PURSUANT TO THE REVOLVING FACILITY CREDIT AGREEMENT.
MORTGAGOR EXPRESSLY
COVENANTS AND AGREES TO PAY WHEN DUE, AND TO TIMELY PERFORM, AND TO CAUSE THE
OTHER LOAN PARTIES TO PAY WHEN DUE, AND TO TIMELY PERFORM, THE SECURED
OBLIGATIONS IN ACCORDANCE WITH THE TERMS OF THE LOAN DOCUMENTS.
SECTION 1.03.
MAINTENANCE OF MORTGAGED PROPERTY.
MORTGAGOR WILL MAINTAIN THE
IMPROVEMENTS AND THE PERSONAL PROPERTY IN THE MANNER REQUIRED BY THE REVOLVING
FACILITY CREDIT AGREEMENT.
SECTION 1.04.
INSURANCE.
MORTGAGOR WILL KEEP OR CAUSE TO BE KEPT THE
IMPROVEMENTS AND PERSONAL PROPERTY INSURED AGAINST SUCH RISKS, AND IN THE
MANNER, PURSUANT TO THE REVOLVING FACILITY CREDIT AGREEMENT OR THE SECURITY
AGREEMENT AND SHALL PURCHASE SUCH ADDITIONAL INSURANCE AS MAY BE REQUIRED FROM
TIME TO TIME PURSUANT TO THE REVOLVING FACILITY CREDIT AGREEMENT AND THE
SECURITY AGREEMENT.
FEDERAL EMERGENCY MANAGEMENT AGENCY STANDARD FLOOD HAZARD
DETERMINATION FORMS WILL BE PURCHASED BY MORTGAGOR FOR EACH MORTGAGED PROPERTY
ON WHICH IMPROVEMENTS ARE LOCATED.
IF ANY PORTION OF IMPROVEMENTS CONSTITUTING
PART OF THE MORTGAGED PROPERTY IS LOCATED IN AN AREA IDENTIFIED AS A SPECIAL
FLOOD HAZARD AREA BY FEDERAL EMERGENCY MANAGEMENT AGENCY OR OTHER APPLICABLE
AGENCY, MORTGAGOR WILL PURCHASE FLOOD INSURANCE IN AN AMOUNT REASONABLY
SATISFACTORY TO MORTGAGEE, BUT IN NO EVENT LESS THAN THE MAXIMUM LIMIT OF
COVERAGE AVAILABLE UNDER THE NATIONAL FLOOD INSURANCE ACT OF 1968, AS AMENDED.
SECTION 1.05.
CASUALTY CONDEMNATION/EMINENT DOMAIN.
MORTGAGOR SHALL GIVE
MORTGAGEE PROMPT WRITTEN NOTICE OF ANY CASUALTY OR OTHER DAMAGE TO THE MORTGAGED
PROPERTY OR ANY PROCEEDING FOR THE TAKING OF THE MORTGAGED PROPERTY OR ANY
PORTION THEREOF OR INTEREST
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THEREIN UNDER POWER OF EMINENT DOMAIN OR BY CONDEMNATION OR ANY SIMILAR
PROCEEDING IN ACCORDANCE WITH, AND TO THE EXTENT REQUIRED BY, THE REVOLVING
FACILITY CREDIT AGREEMENT.
ANY NET PROCEEDS RECEIVED BY OR ON BEHALF OF THE
MORTGAGOR IN RESPECT OF ANY SUCH CASUALTY, DAMAGE OR TAKING SHALL CONSTITUTE
TRUST FUNDS HELD BY THE MORTGAGOR FOR THE BENEFIT OF THE SECURED PARTIES TO BE
APPLIED TO REPAIR, RESTORE OR REPLACE THE MORTGAGED PROPERTY OR, IF