OR OF ANY CONDITION THAT COULD GIVE RISE TO ANY SUCH PROCEEDINGS,
NOTIFY THE MORTGAGEE THEREOF.
THE MORTGAGEE MAY PARTICIPATE IN SUCH PROCEEDINGS
AND THE MORTGAGOR WILL DELIVER OR CAUSE TO BE DELIVERED TO THE MORTGAGEE ALL
INSTRUMENTS REQUESTED BY THE MORTGAGEE TO PERMIT SUCH PARTICIPATION.
IN ANY
SUCH PROCEEDINGS, THE MORTGAGEE MAY BE REPRESENTED BY COUNSEL SATISFACTORY TO
THE MORTGAGEE AT THE EXPENSE OF THE MORTGAGOR.
IF, UPON THE RESOLUTION OF SUCH
PROCEEDINGS, THE MORTGAGOR SHALL SUFFER A LOSS OF THE MORTGAGED PROPERTY OR ANY
PART THEREOF OR INTEREST THEREIN AND TITLE INSURANCE PROCEEDS SHALL BE PAYABLE
IN CONNECTION THEREWITH, SUCH PROCEEDS ARE HEREBY ASSIGNED TO AND SHALL BE PAID
TO THE MORTGAGEE FOR DEPOSIT INTO THE COLLATERAL ACCOUNT AND SHALL BE APPLIED IN
THE MANNER APPLICABLE TO NET LOSS PROCEEDS IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 4.10 OF THE INDENTURE.
SECTION 4.3
MAINTENANCE AND USE OF MORTGAGED PROPERTY; ALTERATIONS.
(I)
MAINTENANCE.
THE MORTGAGOR SHALL CAUSE THE REPRESENTATIONS AND
WARRANTIES SET FORTH IN SECTION 3.3 HEREOF TO CONTINUE TO BE TRUE IN EACH AND
EVERY MATERIAL RESPECT AND SHALL PAY OR CAUSE TO BE PAID WHEN DUE ALL CHARGES,
COSTS AND EXPENSES RELATING THERETO, OTHER THAN SUCH CHARGES BEING CONTESTED IN
ACCORDANCE WITH SECTION 9.1 HEREOF.
14
(II)
MAINTENANCE OF PREMISES.
THE MORTGAGOR SHALL NOT COMMIT OR SUFFER ANY
WASTE ON THE PREMISES.
THE MORTGAGOR SHALL, AT ALL TIMES, MAINTAIN THE PREMISES
IN GOOD WORKING ORDER, CONDITION AND REPAIR, REASONABLE WEAR AND TEAR EXCEPTED,
AND SHALL AS PROMPTLY AS PRACTICABLE MAKE OR CAUSE TO BE MADE ALL REPAIRS,
STRUCTURAL OR NONSTRUCTURAL, WHICH ARE NECESSARY OR APPROPRIATE IN THE CONDUCT
OF THE MORTGAGOR'S BUSINESS.
THE MORTGAGOR SHALL NOT REMOVE, DEMOLISH OR ALTER
THE DESIGN OR STRUCTURAL CHARACTER OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED
UPON ALL OR ANY PORTION OF THE PREMISES, OR PERMIT ANY SUCH REMOVAL, DEMOLITION
OR ALTERATION, WITHOUT THE PRIOR WRITTEN CONSENT OF THE MORTGAGEE.
(IIIII)
PERMITS.
THE MORTGAGOR SHALL MAINTAIN, OR CAUSE TO BE MAINTAINED, IN
FULL FORCE AND EFFECT ALL MATERIAL PERMITS CONTEMPLATED BY AND SUBJECT TO
SECTION 3.3(I) HEREOF.
UNLESS AND TO THE EXTENT CONTESTED BY THE MORTGAGOR IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE IX HEREOF, THE MORTGAGOR SHALL COMPLY,
IN ALL MATERIAL RESPECTS, WITH ALL REQUIREMENTS SET FORTH IN THE PERMITS AND ALL
REQUIREMENTS OF LAW APPLICABLE TO ALL OR ANY PORTION OF THE MORTGAGED PROPERTY
OR THE CONDITION, USE OR OCCUPANCY OF ALL OR ANY PORTION THEREOF OR ANY RECORDED
DEED OF RESTRICTION, DECLARATION, COVENANT RUNNING WITH THE LAND OR OTHERWISE,
NOW OR HEREAFTER IN FORCE, SUBJECT TO THE PROVISIONS OF SECTION 3.3 HEREOF.
(IV)
ZONING.
THE MORTGAGOR SHALL NOT INITIATE, JOIN IN, OR CONSENT TO ANY
CHANGE IN THE ZONING OR ANY OTHER PERMITTED USE CLASSIFICATION OF THE PREMISES
THAT WOULD HAVE A PROPERTY MATERIAL ADVERSE EFFECT WITHOUT THE PRIOR WRITTEN
CONSENT OF THE MORTGAGEE.
SECTION 4.4
NOTICES REGARDING CERTAIN DEFAULTS.
THE MORTGAGOR SHALL, PROMPTLY
UPON RECEIPT OF ANY WRITTEN NOTICE REGARDING (I) ANY DEFAULT BY THE MORTGAGOR