TO WHOMEVER ASSESSED THAT MAY NOW OR
HEREAFTER BE LEVIED OR ASSESSED UPON THE MORTGAGED PROPERTY OR ANY PART THEREOF,
OR UPON THE RENTS, ISSUES, INCOME OR PROFITS THEREOF OR UPON THE LIEN OR ESTATE
HEREBY CREATED, WHETHER ANY OR ALL OF SAID TAXES, ASSESSMENTS OR CHARGES BE
LEVIED DIRECTLY OR INDIRECTLY OR AS EXCISE TAXES OR AS INCOME TAXES.
MORTGAGOR
MAY APPLY, OR MAY ALLOW THE TENANT TO APPLY, FOR TAX ABATEMENTS AND PROSECUTE
DILIGENTLY AND IN GOOD FAITH CLAIMS FOR REFUND SO LONG AS: (I) NO ADDITIONAL
TAXES, INTEREST THEREON OR PENALTIES ARE INCURRED THEREBY AND (II) NO
PROCEEDINGS ARE INSTITUTED TO DIVEST MORTGAGOR OF TITLE TO ALL OR ANY PORTION OF
THE MORTGAGED PROPERTY.
MORTGAGOR SHALL PAY ALL SUMS WHICH, IF UNPAID, MAY
RESULT IN THE IMPOSITION OF A LIEN ON THE MORTGAGED PROPERTY BEFORE SUCH LIEN
MAY ATTACH (EXCEPT THAT REAL ESTATE TAXES NEED NOT BE PAID PRIOR TO THE DUE DATE
THEREOF) OR WHICH MAY RESULT IN CONFERRING UPON A TENANT OF ANY PART OR ALL OF
THE MORTGAGED PROPERTY A RIGHT TO RECOVER SUCH SUMS AS PREPAID RENT.
10.
DUE ON SALE; NO OTHER ENCUMBRANCES; NO
TRANSFER OF OWNERSHIP INTERESTS; FAILURE TO COMPLY WITH PERMITTED EXCEPTIONS.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THE LOAN AGREEMENT, OR IN THIS
MORTGAGE, IT SHALL BE AN EVENT OF DEFAULT UNDER THE LOAN AGREEMENT, A BREACH OF
THE CONDITIONS OF THIS MORTGAGE AND AN EVENT PERMITTING AGENT OR ANY LENDER TO
ACCELERATE ALL INDEBTEDNESS SECURED HEREBY, IF, WITHOUT AGENT'S PRIOR WRITTEN
CONSENT IN EACH INSTANCE, WHICH CONSENT MAY BE GRANTED, WITHHELD OR
CONDITIONALLY GRANTED IN AGENT'S SOLE DISCRETION: (A) THERE IS ANY SALE,
CONVEYANCE,
6
TRANSFER OR ENCUMBRANCE OF, OR LIEN IMPOSED UPON, ALL OR ANY PORTION OF THE
MORTGAGED PROPERTY; OR (B) THERE IS ANY TRANSFER OR ASSIGNMENT OF, OR GRANT OF
ANY SECURITY INTEREST IN, ANY OF THE DIRECT OR INDIRECT OWNERSHIP INTERESTS IN
MORTGAGOR; OR (C) THERE IS A FAILURE TO COMPLY WITH THE PROVISIONS OF, OR THERE
IS A DEFAULT UNDER, ANY OF THE PERMITTED TITLE EXCEPTIONS UNLESS CURED WITHIN
ANY APPLICABLE GRACE PERIOD PROVIDED FOR IN THE APPLICABLE PERMITTED TITLE
EXCEPTION.
11.
AGENT'S AND LENDERS' RIGHTS.
IF MORTGAGOR
SHALL NEGLECT OR REFUSE: (A) TO MAINTAIN AND KEEP, OR CAUSE TENANT TO MAINTAIN
AND KEEP, IN GOOD REPAIR THE MORTGAGED PROPERTY OR ANY PART THEREOF AS REQUIRED
BY THIS MORTGAGE OR THE LOAN AGREEMENT, OR (B) TO MAINTAIN AND PAY, OR CAUSE THE
TENANT TO MAINTAIN AND PAY, THE PREMIUMS FOR INSURANCE WHICH MAY BE REQUIRED BY
THIS MORTGAGE OR THE LOAN AGREEMENT, OR (C) TO PAY AND DISCHARGE, OR CAUSE THE
TENANT TO PAY AND DISCHARGE, ALL TAXES OF WHATSOEVER NATURE, ASSESSMENTS AND
CHARGES OF EVERY NATURE AND TO WHOMEVER ASSESSED, AS REQUIRED BY THIS MORTGAGE
OR THE LOAN AGREEMENT, OR (D) TO PAY THE SUMS REQUIRED TO BE PAID BY THIS
MORTGAGE OR THE LOAN AGREEMENT, OR (E) TO SATISFY ANY OTHER TERMS OR CONDITIONS
OF THIS MORTGAGE, OR ANY