OTHERWISE PROVIDED IN THIS MORTGAGE, NO NEW
IMPROVEMENTS SHALL BE CONSTRUCTED ON THE MORTGAGED PROPERTY AND NO PART OF THE
MORTGAGED PROPERTY SHALL BE REMOVED, DEMOLISHED OR ALTERED IN ANY MATERIAL
MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF LENDER.
1.9.
TRANSFER OR ENCUMBRANCE OF THE MORTGAGED
PROPERTY. MORTGAGOR SHALL NOT PERMIT OR SUFFER TO OCCUR ANY SALE, ASSIGNMENT,
CONVEYANCE, TRANSFER, MORTGAGE, LEASE (OTHER THAN LEASES MADE IN ACCORDANCE WITH
THE PROVISIONS OF THIS MORTGAGE) OR ENCUMBRANCE OF, OR ANY CONTRACT FOR ANY OF
THE FOREGOING ON AN INSTALLMENT BASIS OR OTHERWISE PERTAINING TO, THE MORTGAGED
PROPERTY, ANY PART THEREOF, ANY INTEREST THEREIN, THE BENEFICIAL INTEREST IN
MORTGAGOR OR IN ANY TRUST HOLDING TITLE TO THE MORTGAGED PROPERTY OR ANY
INTEREST IN A CORPORATION, PARTNERSHIP OR OTHER ENTITY WHICH OWNS ALL OR PART OF
THE MORTGAGED PROPERTY, WHETHER BY OPERATION OF LAW OR OTHERWISE, WITHOUT THE
PRIOR WRITTEN CONSENT OF LENDER HAVING BEEN OBTAINED (I) TO THE SALE,
ASSIGNMENT, CONVEYANCE, MORTGAGE, LEASE, OPTION, ENCUMBRANCE OR OTHER TRANSFER
AND (II) TO THE FORM AND SUBSTANCE OF ANY INSTRUMENT EVIDENCING OR CONTRACTING
FOR ANY SUCH SALE, ASSIGNMENT, CONVEYANCE, MORTGAGE, LEASE, OPTION, ENCUMBRANCE
OR OTHER TRANSFER.
MORTGAGOR SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF
LENDER, FURTHER ASSIGN OR PERMIT TO BE ASSIGNED THE RENTS FROM THE MORTGAGED
PROPERTY, AND ANY SUCH ASSIGNMENT WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF
LENDER SHALL BE NULL AND VOID.
11
MORTGAGOR AGREES THAT IN THE EVENT THE OWNERSHIP OF THE MORTGAGED PROPERTY, ANY
INTEREST THEREIN OR ANY PART THEREOF BECOMES VESTED IN A PERSON OTHER THAN
MORTGAGOR, LENDER MAY, WITHOUT NOTICE TO MORTGAGOR, DEAL IN ANY WAY WITH SUCH
SUCCESSOR OR SUCCESSORS IN INTEREST WITH REFERENCE TO THIS MORTGAGE, THE NOTES,
THE LOAN INSTRUMENTS AND MORTGAGOR'S LIABILITIES WITHOUT IN ANY WAY VITIATING OR
DISCHARGING MORTGAGOR'S LIABILITY HEREUNDER OR MORTGAGOR'S LIABILITIES.
NO SALE
OF THE MORTGAGED PROPERTY, NO FORBEARANCE TO ANY PERSON WITH RESPECT TO THIS
MORTGAGE, AND NO EXTENSION TO ANY PERSON OF THE TIME FOR PAYMENT OF THE NOTES OR
ANY OTHER MORTGAGOR'S LIABILITIES GIVEN BY LENDER SHALL OPERATE TO RELEASE,
DISCHARGE, MODIFY, CHANGE OR AFFECT THE ORIGINAL LIABILITY OF MORTGAGOR, EITHER
IN WHOLE OR IN PART, EXCEPT TO THE EXTENT SPECIFICALLY AGREED IN WRITING BY
LENDER.
1.10.
FURTHER ASSURANCES.
AT ANY TIME AND FROM TIME TO TIME, UPON
LENDER'S REQUEST, MORTGAGOR SHALL MAKE, EXECUTE AND DELIVER, OR CAUSE TO BE
MADE, EXECUTED AND DELIVERED, TO LENDER, AND WHERE APPROPRIATE SHALL CAUSE TO BE
RECORDED, REGISTERED OR FILED, AND FROM TIME TO TIME THEREAFTER TO BE
RE-RECORDED, RE-REGISTERED AND REFILED AT SUCH TIME AND IN SUCH OFFICES AND
PLACES AS SHALL BE DEEMED DESIRABLE BY LENDER, ANY AND ALL SUCH FURTHER
MORTGAGES, SECURITY AGREEMENTS, FINANCING STATEMENTS, INSTRUMENTS OF FURTHER
ASSURANCE, CERTIFICATES AND OTHER DOCUMENTS AS LENDER MAY CONSIDER NECESSARY OR
DESIRABLE IN ORDER TO EFFECTUATE OR PERFECT, OR TO CONTINUE AND PRESERVE THE
OBLIGATIONS UNDER, THE GUARANTY, THIS MORTGAGE, ANY OTHER LOAN INSTRUMENT AND
ANY INSTRUMENT EVIDENCING OR SECURING MORTGAGOR'S LIABILITIES, AND THE LIEN OF