OF (I) ANY
OBLIGATIONS UNDER THE LEASES, OR (II) ANY OBLIGATIONS WITH RESPECT TO ANY OTHER
AGREEMENTS, CONTRACTS, CERTIFICATES, INSTRUMENTS, FRANCHISES, PERMITS,
TRADEMARKS, LICENSES OR OTHER DOCUMENTS DESCRIBED IN SUBSECTION 1.01(H) OR (M).
(B)
BY ACCEPTING OR APPROVING ANYTHING REQUIRED TO BE OBSERVED,
PERFORMED OR FULFILLED OR TO BE GIVEN TO MORTGAGEE PURSUANT TO THIS MORTGAGE,
THE LOAN AGREEMENT, THE NOTE OR THE OTHER LOAN DOCUMENTS, INCLUDING, WITHOUT
LIMITATION, ANY OFFICER'S CERTIFICATE, BALANCE SHEET, STATEMENT OF PROFIT AND
LOSS OR OTHER FINANCIAL STATEMENT, SURVEY, APPRAISAL OR INSURANCE POLICY,
MORTGAGEE SHALL NOT BE DEEMED TO HAVE WARRANTED, CONSENTED TO, OR AFFIRMED THE
SUFFICIENCY, LEGALITY OR EFFECTIVENESS OF SAME, AND SUCH ACCEPTANCE OR APPROVAL
THEREOF SHALL NOT CONSTITUTE ANY WARRANTY OR AFFIRMATION WITH RESPECT THERETO BY
MORTGAGEE.
SECTION 4.04
RELIANCE.
MORTGAGOR RECOGNIZES AND ACKNOWLEDGES THAT IN
ACCEPTING THE LOAN AGREEMENT, THE NOTE, THIS MORTGAGE AND THE OTHER LOAN
DOCUMENTS, MORTGAGEE IS EXPRESSLY AND PRIMARILY RELYING ON THE TRUTH AND
ACCURACY OF THE WARRANTIES AND REPRESENTATIONS SET FORTH IN ARTICLE 3 OF THE
LOAN AGREEMENT WITHOUT ANY OBLIGATION TO INVESTIGATE THE PROPERTY AND
NOTWITHSTANDING ANY INVESTIGATION OF THE PROPERTY BY MORTGAGEE; THAT SUCH
RELIANCE EXISTED
8
on the part of Mortgagee prior to the date hereof; that such warranties and
representations are a material inducement to Mortgagee in making the Loan; and
that Mortgagee would not be willing to make the Loan and accept this Mortgage in
the absence of the warranties and representations as set forth in Article 3 of
the Loan Agreement.
ARTICLE V.
FURTHER ASSURANCES
SECTION 5.01
RECORDING OF MORTGAGE, ETC.
MORTGAGOR FORTHWITH UPON THE
EXECUTION AND DELIVERY OF THIS MORTGAGE AND THEREAFTER, FROM TIME TO TIME, WILL
CAUSE THIS MORTGAGE AND ANY OF THE OTHER LOAN DOCUMENTS CREATING A LIEN OR
SECURITY INTEREST OR EVIDENCING THE LIEN HEREOF UPON THE PROPERTY AND EACH
INSTRUMENT OF FURTHER ASSURANCE TO BE FILED, REGISTERED OR RECORDED IN SUCH
MANNER AND IN SUCH PLACES AS MAY BE REASONABLY REQUIRED BY ANY PRESENT OR FUTURE
LAW IN ORDER TO PUBLISH NOTICE OF AND FULLY TO PROTECT AND PERFECT THE LIEN OR
SECURITY INTEREST HEREOF UPON, AND THE INTEREST OF MORTGAGEE IN, THE PROPERTY.
MORTGAGOR WILL PAY ALL TAXES, FILING, REGISTRATION OR RECORDING FEES, AND ALL
EXPENSES INCIDENT TO THE PREPARATION, EXECUTION, ACKNOWLEDGMENT AND/OR RECORDING
OF THE NOTE, THIS MORTGAGE, THE OTHER LOAN DOCUMENTS, ANY NOTE, DEED OF TRUST OR
MORTGAGE SUPPLEMENTAL HERETO, ANY SECURITY INSTRUMENT WITH RESPECT TO THE
PROPERTY AND ANY INSTRUMENT OF FURTHER ASSURANCE, AND ANY MODIFICATION OR
AMENDMENT OF ANY OF THE FOREGOING DOCUMENTS, AND ALL FEDERAL, STATE, COUNTY AND
MUNICIPAL TAXES, DUTIES, IMPOSTS, ASSESSMENTS AND CHARGES ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS MORTGAGE, ANY DEED OF TRUST
OR MORTGAGE SUPPLEMENTAL HERETO, ANY SECURITY INSTRUMENT WITH RESPECT TO THE
PROPERTY OR ANY INSTRUMENT OF FURTHER ASSURANCE, AND ANY MODIFICATION OR
AMENDMENT OF ANY OF THE FOREGOING DOCUMENTS, EXCEPT WHERE PROHIBITED BY LAW SO
TO DO.
SECTION 5.02
FURTHER ACTS, ETC.
MORTGAGOR WILL, AT