WITH THE PROPERTY
AND NEVER PERMIT TO EXIST BEYOND THE DUE DATE THEREOF IN RESPECT OF THE PROPERTY
OR ANY PART THEREOF ANY LIEN OR SECURITY INTEREST, EVEN THOUGH INFERIOR TO THE
LIENS AND THE SECURITY INTERESTS HEREOF, AND IN ANY EVENT, NEVER PERMIT TO BE
CREATED OR EXIST IN RESPECT OF THE PROPERTY OR ANY PART THEREOF ANY OTHER OR
ADDITIONAL LIEN OR SECURITY INTEREST OTHER THAN THE LIENS OR SECURITY INTERESTS
HEREOF EXCEPT FOR THE PERMITTED ENCUMBRANCES OR UNLESS MORTGAGEE SHALL CONSENT
TO SUCH LIEN OR SECURITY INTEREST IN WRITING.
(B)
NOTWITHSTANDING THE FOREGOING, MORTGAGOR, AT ITS OWN EXPENSE, MAY CONTEST
BY APPROPRIATE LEGAL PROCEEDING, PROMPTLY INITIATED AND CONDUCTED IN GOOD FAITH
AND WITH DUE DILIGENCE, THE AMOUNT OR VALIDITY OR APPLICATION IN WHOLE OR IN
PART OF ANY OF THE LABOR AND MATERIAL COSTS, PURSUANT TO AND IN ACCORDANCE WITH
SECTION 7.3 OF THE LOAN AGREEMENT.
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SECTION 3.7
PERFORMANCE OF OTHER AGREEMENTS.
MORTGAGOR SHALL OBSERVE AND
PERFORM EACH AND EVERY TERM, COVENANT AND PROVISION TO BE OBSERVED OR PERFORMED
BY MORTGAGOR PURSUANT TO THE LOAN AGREEMENT, ANY OTHER LOAN DOCUMENT AND ANY
OTHER AGREEMENT OR RECORDED INSTRUMENT AFFECTING OR PERTAINING TO THE PROPERTY
AND ANY AMENDMENTS, MODIFICATIONS OR CHANGES THERETO.
SECTION 3.8
CHANGE OF NAME, IDENTITY OR STRUCTURE.
EXCEPT AS PERMITTED BY
THE LOAN AGREEMENT, MORTGAGOR SHALL NOT CHANGE MORTGAGOR'S NAME, IDENTITY
(INCLUDING ITS TRADE NAME OR NAMES) OR, IF NOT AN INDIVIDUAL, MORTGAGOR'S
CORPORATE, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER STRUCTURE WITHOUT
FIRST (A) NOTIFYING MORTGAGEE OF SUCH CHANGE IN WRITING AT LEAST THIRTY (30)
DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE, (B) TAKING ALL ACTION REQUIRED
BY MORTGAGEE FOR THE PURPOSE OF PERFECTING OR PROTECTING THE LIEN AND SECURITY
INTEREST OF MORTGAGEE AND (C)
IN THE CASE OF A CHANGE IN MORTGAGOR'S STRUCTURE,
WITHOUT FIRST OBTAINING THE PRIOR WRITTEN CONSENT OF MORTGAGEE, WHICH CONSENT
SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONAL OR DELAYED.
MORTGAGOR SHALL
PROMPTLY NOTIFY MORTGAGEE IN WRITING OF ANY CHANGE IN ITS ORGANIZATIONAL
IDENTIFICATION NUMBER.
IF MORTGAGOR DOES NOT NOW HAVE AN ORGANIZATIONAL
IDENTIFICATION NUMBER AND LATER OBTAINS ONE, MORTGAGOR SHALL PROMPTLY NOTIFY
MORTGAGEE IN WRITING OF SUCH ORGANIZATIONAL IDENTIFICATION NUMBER.
MORTGAGOR
SHALL EXECUTE AND DELIVER TO MORTGAGEE, PRIOR TO OR CONTEMPORANEOUSLY WITH THE
EFFECTIVE DATE OF ANY SUCH CHANGE, ANY FINANCING STATEMENT OR FINANCING
STATEMENT CHANGE REQUIRED BY MORTGAGEE TO ESTABLISH OR MAINTAIN THE VALIDITY,
PERFECTION AND PRIORITY OF THE SECURITY INTEREST GRANTED HEREIN.
AT THE REQUEST
OF MORTGAGEE, MORTGAGOR SHALL EXECUTE A CERTIFICATE IN FORM SATISFACTORY TO
MORTGAGEE LISTING THE TRADE NAMES UNDER WHICH MORTGAGOR INTENDS TO OPERATE THE
PROPERTY, AND REPRESENTING AND WARRANTING THAT MORTGAGOR DOES BUSINESS UNDER NO
OTHER TRADE NAME WITH RESPECT TO THE PROPERTY.
ARTICLE 4
OBLIGATIONS AND RELIANCES
SECTION 4.1
RELATIONSHIP OF MORTGAGOR AND MORTGAGEE.
THE RELATIONSHIP
BETWEEN MORTGAGOR AND MORTGAGEE IS SOLELY THAT OF DEBTOR AND CREDITOR, AND
MORTGAGEE HAS NO FIDUCIARY OR OTHER SPECIAL RELATIONSHIP WITH MORTGAGOR, AND NO
TERM OR CONDITION OF ANY OF THE LOAN AGREEMENT, THE NOTE,