AGREEMENT.
10.
FURTHER ASSURANCES.
TO FURTHER ASSURE
MORTGAGEE'S RIGHTS UNDER THIS MORTGAGE, MORTGAGOR AGREES PROMPTLY UPON DEMAND OF
MORTGAGEE TO DO ANY ACT OR EXECUTE ANY ADDITIONAL DOCUMENTS (INCLUDING, BUT NOT
LIMITED TO, SECURITY AGREEMENTS ON ANY PERSONALTY INCLUDED OR TO BE INCLUDED IN
THE MORTGAGED PROPERTY AND A SEPARATE ASSIGNMENT OF EACH LEASE IN RECORDABLE
FORM) AS MAY BE REASONABLY REQUIRED BY MORTGAGEE TO CONFIRM THE LIEN OF THIS
MORTGAGE AND ALL OTHER RIGHTS OR BENEFITS CONFERRED ON MORTGAGEE BY THIS
MORTGAGE.
11.
MORTGAGEE'S RIGHT TO PERFORM.
IF MORTGAGOR
FAILS TO PERFORM ANY OF THE COVENANTS OR AGREEMENTS OF MORTGAGOR UNDER THIS
MORTGAGE, WITHIN THE APPLICABLE GRACE PERIOD, IF ANY, PROVIDED FOR IN THIS
MORTGAGE OR IN THE CREDIT AGREEMENT, MORTGAGEE, WITHOUT WAIVING OR RELEASING
MORTGAGOR FROM ANY OBLIGATION OR DEFAULT UNDER THIS MORTGAGE, MAY, AT ANY TIME
UPON 10 DAYS' WRITTEN NOTICE TO MORTGAGOR (BUT SHALL BE UNDER NO OBLIGATION TO)
PAY OR PERFORM THE SAME, AND THE AMOUNT OR COST THEREOF, WITH INTEREST AT THE
DEFAULT RATE, SHALL IMMEDIATELY BE DUE FROM MORTGAGOR TO MORTGAGEE AND THE SAME
SHALL BE SECURED BY THIS MORTGAGE AND SHALL BE A LIEN ON THE MORTGAGED PROPERTY
PRIOR TO ANY RIGHT, TITLE TO, INTEREST IN, OR CLAIM UPON THE MORTGAGED PROPERTY
ATTACHING SUBSEQUENT TO THE LIEN OF THIS MORTGAGE.
NO PAYMENT OR ADVANCE OF
MONEY BY MORTGAGEE UNDER THIS SECTION SHALL BE DEEMED OR CONSTRUED TO CURE
MORTGAGOR'S DEFAULT OR WAIVE ANY RIGHT OR REMEDY OF MORTGAGEE.
12.
REMEDIES.
(A)
SUBJECT TO THE TERMS OF ANY
DOCUMENT GOVERNING ANY SPECIAL PURPOSE FINANCING, AND UPON THE OCCURRENCE AND
DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT, MORTGAGEE MAY IMMEDIATELY TAKE
SUCH ACTION, WITHOUT NOTICE OR DEMAND, AS IT DEEMS ADVISABLE TO PROTECT AND
ENFORCE ITS RIGHTS AGAINST MORTGAGOR AND IN AND TO THE MORTGAGED PROPERTY,
INCLUDING THE FOLLOWING ACTIONS, EACH OF WHICH MAY BE PURSUED CONCURRENTLY OR
OTHERWISE, AT SUCH TIME AND IN SUCH MANNER AS MORTGAGEE MAY DETERMINE, IN ITS
SOLE DISCRETION, WITHOUT IMPAIRING OR OTHERWISE AFFECTING THE OTHER RIGHTS AND
REMEDIES OF MORTGAGEE:
(I)
MORTGAGEE MAY, TO THE EXTENT PERMITTED
BY APPLICABLE LAW, (A) INSTITUTE AND MAINTAIN AN ACTION OF MORTGAGE FORECLOSURE
AGAINST ALL OR ANY PART OF THE MORTGAGED PROPERTY, (B) INSTITUTE AND MAINTAIN AN
ACTION ON THE LOANS OR THE CREDIT AGREEMENT, THE GUARANTEE AND COLLATERAL
AGREEMENT OR ANY OTHER LOAN DOCUMENT, (C) SELL ALL OR PART OF THE MORTGAGED
PROPERTY (MORTGAGOR EXPRESSLY GRANTING TO MORTGAGEE THE POWER OF SALE), OR (D)
TAKE SUCH OTHER ACTION AT LAW OR IN EQUITY FOR THE ENFORCEMENT OF THIS MORTGAGE
OR
D-7
ANY OF THE LOAN DOCUMENTS AS THE LAW MAY ALLOW.
MORTGAGEE MAY PROCEED IN ANY
SUCH ACTION TO FINAL JUDGMENT AND EXECUTION THEREON FOR ALL SUMS DUE HEREUNDER,
TOGETHER WITH INTEREST THEREON AS PROVIDED IN THE CREDIT AGREEMENT AND ALL
REASONABLE OUT-OF-POCKET COSTS OF SUIT, INCLUDING REASONABLE OUT-OF-POCKET
ATTORNEYS' FEES AND DISBURSEMENTS.
INTEREST AT THE DEFAULT RATE SHALL BE DUE ON
ANY JUDGMENT OBTAINED BY MORTGAGEE FROM THE