SUCH LEASES.
NOTHING CONTAINED HEREIN SHALL
OPERATE OR BE CONSTRUED TO (I) OBLIGATE THE MORTGAGEE TO PERFORM ANY OF THE
TERMS, COVENANTS OR CONDITIONS CONTAINED IN ANY LEASE OR OTHERWISE TO IMPOSE ANY
OBLIGATION UPON THE MORTGAGEE WITH RESPECT TO SUCH LEASE (INCLUDING, WITHOUT
LIMITATION, ANY OBLIGATION ARISING OUT OF ANY COVENANT OF QUIET ENJOYMENT
CONTAINED IN SUCH LEASE IN THE EVENT THAT TENANT UNDER SUCH LEASE SHALL HAVE
BEEN JOINED AS A PARTY DEFENDANT IN ANY ACTION BY WHICH THE ESTATE OF SUCH
TENANT SHALL BE TERMINATED) OR (II) PLACE UPON THE MORTGAGEE ANY OBLIGATION FOR
THE OPERATION, CONTROL, CARE, MANAGEMENT OR REPAIR OF THE PREMISES.
SECTION 6.4
IRREVOCABLE INTEREST.
ALL RIGHTS, POWERS AND PRIVILEGES OF THE
MORTGAGEE HEREIN SET FORTH ARE COUPLED WITH AN INTEREST AND ARE IRREVOCABLE,
SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND THE MORTGAGOR SHALL NOT TAKE ANY
ACTION UNDER THE LEASES OR OTHERWISE WHICH IS INCONSISTENT WITH THIS MORTGAGE OR
ANY OF THE TERMS HEREOF AND ANY SUCH ACTION INCONSISTENT HEREWITH OR THEREWITH
SHALL BE VOID.
SECTION 6.5
AMENDMENT TO LEASES.
EACH LEASE, INCLUDING, WITHOUT LIMITATION,
ALL AMENDMENTS, MODIFICATIONS, SUPPLEMENTS, REPLACEMENTS, EXTENSIONS AND
RENEWALS THEREOF, SHALL CONTINUE TO BE SUBJECT TO THE PROVISIONS HEREOF WITHOUT
THE NECESSITY OF ANY FURTHER ACT BY ANY OF THE PARTIES HERETO.
ARTICLE VII
TAXES AND CERTAIN STATUTORY LIENS
SECTION 7.1
PAYMENT OF CHARGES.
UNLESS AND TO THE EXTENT CONTESTED BY THE
MORTGAGOR IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE IX HEREOF, THE MORTGAGOR
SHALL PAY AND DISCHARGE, OR CAUSE TO BE PAID AND DISCHARGED, FROM TIME TO TIME
WHEN THE SAME SHALL BECOME DUE, ALL CHARGES.
THE MORTGAGOR SHALL, UPON THE
MORTGAGEE'S REQUEST, DELIVER TO THE MORTGAGEE RECEIPTS EVIDENCING THE PAYMENT OF
ALL SUCH CHARGES.
SECTION 7.2
ESCROW OF TAXES.
FROM AND AFTER THE OCCURRENCE OF AN EVENT OF
DEFAULT, AND DURING ITS CONTINUANCE, AT THE OPTION AND UPON THE REQUEST OF THE
MORTGAGEE, THE MORTGAGOR SHALL DEPOSIT WITH THE MORTGAGEE IN AN ACCOUNT
MAINTAINED BY THE MORTGAGEE (THE "TAX ESCROW FUND"), ON THE FIRST DAY OF EACH
MONTH, AN AMOUNT ESTIMATED BY THE MORTGAGEE TO BE EQUAL TO ONE-TWELFTH OF THE
ANNUAL REAL PROPERTY TAXES AND OTHER ANNUAL CHARGES REQUIRED TO BE DISCHARGED BY
THE MORTGAGOR UNDER SECTION 7.1 HEREOF.
SUCH AMOUNTS SHALL BE HELD BY THE
MORTGAGEE WITHOUT INTEREST TO THE MORTGAGOR AND APPLIED TO THE PAYMENT OF THE
OBLIGATIONS IN RESPECT OF WHICH SUCH AMOUNTS WERE DEPOSITED, IN SUCH PRIORITY AS
THE MORTGAGEE SHALL DETERMINE, ON OR BEFORE THE RESPECTIVE DATES ON WHICH SUCH
OBLIGATIONS OR ANY PART THEREOF WOULD BECOME DELINQUENT.
NOTHING CONTAINED IN
THIS ARTICLE VII SHALL (I) AFFECT ANY RIGHT OR REMEDY OF THE MORTGAGEE UNDER ANY
PROVISION HEREOF OR OF ANY STATUTE OR RULE OF LAW TO PAY ANY SUCH AMOUNT AS
PROVIDED ABOVE FROM ITS OWN FUNDS AND TO ADD THE AMOUNT SO PAID, TOGETHER WITH
INTEREST AT THE DEFAULT
19
RATE DURING SUCH TIME THAT ANY AMOUNT REMAINS OUTSTANDING, TO THE SECURED
OBLIGATIONS OR (II) RELIEVE THE