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<br /> 16. E,STOPI'EL CERTIFICATES, Within len (10)days after oily request by Lender,Mortgagor shell deliver to Lender,or any Intended wroileree of
<br /> Leckler's rights will,respect to the Obligations, a signed and sekflnwlcdgcd alnlcmonl specifying; (a)ilia hwlslending balance on lite Oldigalioru;
<br /> Prd (n)Whether Mortgagor possessce Pity claims, defenses, set-uffs or comdcrclo6hs with tesin"t to We Obligetious and, if au,the nature of such
<br /> clalun, defenses, tel-offs or couulercloifus. Mortgagor will be conclusively bound by oily repretamation Wel Lender utny make to Um intended
<br /> trausfer.e w]tl respect to these ntnmsrs in flit event Ural Mortgagor foils to provide the requested sialemeut In a thusly manner.
<br /> 17. EVENTS OR DEFAUL'G An Event of Default shell Occur under this Mongnge in dta event that Murlgagor, Borrower or any guarantor orally
<br /> Ndipnliun:
<br /> (a) fnihs to pay oily Obligation to Lender when due; l
<br /> (b) fails to perform any Obligation or breeches oily warranty or covenant to Lender contained hl this M4rlgage or oily other present or future
<br /> Pgrccurcnl;
<br /> (c) destroys,loan or danupee lite Properly in oily outlerinl respect or subjects the Pronely to seizure,tonGacoliun,or euuJemnallotl;
<br /> (J) seeks to revoke,terminale or niienvise limit ill liability under any guaranty to Lender,
<br /> (c) riles, becontes legally iucompelent, Is dissolved or terminated, becomes insolvent, make& rat assignment for Ilia benefit of creditors, fails to
<br /> tiny debts as they become due, films ■ petition under die federal bankruptcy laws, hat an btvulunlary petition In bankruptcy filed in which
<br /> Muhtgogor,Borrower or oily gueranwr is maned,or line properly lakgin under oily writ or protest of court;
<br /> (D allows goods to be used,transported or stored on ilia Property,We pmrerainn,transportation,or use of which,Is Illegal;
<br /> (g) allows any party Other than Mornpegur or Bortower to asguma or undertake any Oldigntio n without the wrillco consent of Lender;or
<br /> (h) causes Lender to dean Itself Insecure due to a niptificnnl decline in ilia value of the Properly; or Lender, in good faint, for oily reason
<br /> believes(flat We prospect of paynann or performance is Impalred.
<br /> i M. RIGHTS OF LENDER ON EVENTOI'DF.CAULT.Upon the occurrence of in Event or Default under this hlurigngc, ]ender shall be euliuled to
<br /> 'Pe";me title or nlure,of Ile fvllowing reoedlem without nonce or demand(except as required by law);
<br /> (a) to declare We Obligations immediately due and payable In full,such acceleration dull be automatic and hionediate if ire Event of Default is
<br /> a filing under die Bankruptcy Code;
<br /> (b) to collect the outatnnding Oblignllmu Willi or widtuul resuniug to judicial process;
<br /> (c) to require Klortgngur to deliver and make avallnbl. to Lender any personal properly or Chattels ennttinming ilia Properly oil a place
<br /> reasonably convenient to Mortgagor tad Lander,
<br /> (d) to anter upon and take puaessinn of the Property without applying for or obtaining Oto appointment or a receiver Pod), at Lender's option, to
<br /> appoint it receiver without bond, without first bringing suit on the obligatlans and withoul odnerwuls nmeling any stalulury conditions regarding
<br /> receivers,it being intended that Lender dell have illi&contnetual tight to appoint a receiver;
<br /> (c) to employ a managing agent of Ilia Properly sod lel Ilia sane, lis the name of Lender or In We name of Mongegor, ltd receive Ilse renis,
<br /> incomes, issues and prolits Of hitt Property and apply the tame, after paymed of all necessary charges and expenses, on ■ecomx of the
<br /> Ubligalions;
<br /> (f)to pay oily aunt In oily room or manner deemed expedient by Lender to protect the security of this Mortgage or to cure any default other Uma
<br /> payment of interest or printcipal on the Obligetians;
<br /> (y) to foreclose this Mnngnge;
<br /> (it)to set-off Morls,i s Obligations against any amounts mved MorlgPgor by Lender Including, but not Ilmiled to,monies, inst rune lits, slid
<br /> deposit accounts maintained with Lender or any currently existing or Mum Mims of Lander;and
<br /> (i)Io exercise nisi other tights available to Lender under any abler written sgreenneU or oq+plical)le law,
<br /> Lender's rights ace cumulative and fully In exercised together, separately, slid In any order. In the event that lender institutes an action seeking lite
<br /> recovery or any of due Properly by way of a prep(Tinent remedy In on action ngahul Mortgogor, Mortgagor waives[lie ponling of any Ixmd which
<br /> migld otherwise be required. Lauder or Larder a d aipnce may purchsea the prnpeny at oily sole. no Property or my Pon Wtmor may be sold Lt
<br /> ane parcel, nr in well parcels, outfitter or order as Lender in ib elle dhacreilou may elect, and one lir hrxore exertiees of Ilie power herein granted &hell
<br /> flat exiinuuisln or exhaust the power unless lite entire Property Is sold or dlo Obligatione ore paid in Nil.
<br /> 19. LEASEHOLD PROVISIONS.
<br /> (a) Mongmgor ■proe■ that Morlga{ur will timely perform all obligations of Mortgagor under the Lease and that h will nen lake or omit to take any
<br /> action width will cause a default thereunder or that with notice or alter We passage of dna,or both, would In a dcfnult thereunder. Mortgagor
<br /> agrees that I(will promptly notify Lerdcr tin writing of any defmull by Mortgagor under Uta lease and dial It will promptly rend to die Lender lily
<br /> xtice (other than an a regular periudic basix for monthly nal Ptymenta) from Ilia Landlord under We Lace, including any notice noting or
<br /> h sinning oily defaull by the Mortgagor under the Lease.
<br /> (b) Lender shall)love ilia right to cure any default under(lie Leese within did time permitted in the[come and all suns advanced thereby stall Ie
<br /> htlmedinlely due end payable with Imlemst Marton et We lower of the highest mi.described lis any Obligation or We highest rats allowed by lav
<br /> from the dale of Payment umll tine dale of mhuhursemenl and shall,together with such Interest,become a(cart of the Obltgallons.
<br /> (c) In case of on Fvcul of Default under Parngraph 17.In addition to any other rights and remedies avnilable, Lender may make full or p uflof
<br /> payments of real due under the Lease, perform any Other obllgatinus of Morgngor under We Lenore and purchase, dixclut gc, eonqq++rvmiae, Or
<br /> sell: life Lease. Allmmlica paid fix any orthe pmpuscs herein authorised slid sip expenses paid or incurred in connection Uerewinlu, IncluJiug
<br /> Itotlus, feet, Its lite extent permivad by applicable pow, shell be so much additional Indebledneas secured herehy, Axl shall, become
<br /> immedstely due slid payable without nxtico and with interest thereon. inaction or Lender shell never he eonsidered et a waiver of any right
<br /> sterling to it on account of any defaull on the part u(Murigegor.
<br /> (d) Any default on the part of hlorlgngor under the Leese shall eonnitute, a debut under this Mnngnge and the Olrhigalluns secured hereby slid
<br /> shall entitle ilia lender to exercise any slid all rights and remedies given hereunder.
<br /> (e) Mungngor will not amend or nhodify,the Lease without tyle prior written cousom of Lender.
<br /> 20. h1ERGER OF FEE IN LEASMOLDFSfATE. tin ilia event Ilial hlorlg Ppnor acquires lire fee lilt#or any other estate, Wit,or interest In Ilse preuniscs
<br /> covered by the Less., this hlongtge shnpl Munch to and cover nix] be a hen upon We fee title or such other estate sit acquired slid such fee title or
<br /> other ntrnc 111111,without further assignment,grant or anmvcyance Income stud be subject to We pion or encumbered by this Murlpnge.
<br /> 21, 5F.CURiTY INTERI's,ST UNDER THE UNiFORM CONIMLRCIALCODE. TNs Mongog, shmll he coaidamd a Snoncing stalcorrn wind a fixture
<br /> Illblg pinsusut to Phe ptovisiuns of lite Uniform Commercial Cale (a adopted by tie plate where toe Propnny it located) covering fixtures, cbattds
<br /> and orti,Its of persoill property now owned or hereafter attached to or to be used its connection with Uta Properly lugerher with any and all
<br /> replacements ilicreuf and additions tserelo (tile 'Chattels'),ad Mudgegor hereby grouts Lender a ascuhy interest in such Chancla. Ilia debtor Is
<br /> (he Mungngor described above. The secured party Is ilia Lender described alcove. Upon demand, Mohtpngur Phell mole, execute Putt deliver such
<br /> security agreements (as such lean is dcrined bit sold Ut[i(oru Commercial Code) as Lender al oily little may deem necessary or proper or requ;rt to
<br /> grant to Lender a perfected security interest in We Chattels, and upon Marlgngnr's failure to do to,Lender is euilu6nd to sign Pity ouch igreenren
<br /> as the "cls of Mortgagor. Mortgagor hereby Puthorlus Lender to file financing atateme is (as such lens Is dcrined poi said Uniform Co ninerciml
<br /> Code) xith of to Ira Chattels, st any little, without the signature of Mongsgm. Mongagnr will,however, al Pity Ib,te upon request of Leuder,
<br /> sign such 0uahcing statements. Mortgagor will tiny all filing fees fur tine puling of such financing ofPlenteous slid for the refiling Uereof at lite timet
<br /> required, in die opinion or Lender, by said Uniform Commercial Coda. min, lien or It;&h1vdgngc Is■ulrjcci to any security Pgtecnlen covering die
<br /> Clancls, then In the even( or Ray defmull under this Mongnge, all Il,# fight,'ilia slid interest or Mortgegur In sod to any and app of lite Chatnls is
<br /> hereby assigned to Lender,logelhcr with the benefit of any deposis or payments now Or Ileneafler InaJe (hereof by Mortgagor or tie Predecessors or
<br /> succesmu-a in title of Mortgagor in We Property.
<br /> 22. REII(I IURSEh1ENf Oil AMOUNTS EXPENDED BY LENDER.Lender,at Lender's uptinu, 'lily expend funds (Including sttnnicyi fees gild legal
<br /> e, .csl to perform any al required to be Uken by Mungngor or to exercise oily right or remedy of Le tler under this Mortgage. Upon demand,
<br /> gnil r dull immediately rabl*urle Lender for apt such amounts expended by Lender lugdhcr with interest Ilsemo n ml the power of Ilia higheni
<br /> desrrhed in any Obligation or tiro highest rate allowed by Isw from ilia data or payment until the date of rein+bur■anent. Tlicae sums Abell be
<br /> i Jed in ilia defnnkiml of Obligeliuna lutein gild shelf be secured by Ile benellcial Interest granted renin. tribe CRitolions-are paid after the
<br /> l. aniny of publication or ndice of sale, rte herein (rruvided, or ht Ute event Lender slap!,at its sola Ilii 1, pencil Mungngor Io pay ally part of Ube
<br /> de
<br /> Ohl' aliens after the beginning of publication of rid ace of sale, a Bertin Provided, then, Morignpor dull pay nn demand all expenses bncurred by
<br /> Lenr in eonoectiou with said publication, including Lender's saleable attorneys' feat slid this Mongnge shall be security fur all such expenses
<br /> and fere.
<br /> 23. APPLICAI'ION OF PAYMENTS. All pnyinenit nada by or Olt behalf of Monyyaggur may be applied against Use amounts paid by Lender
<br /> (including attorneys' fees and legal expenses) its cuuocctun with the exercise or Its rtgpts or remedies described In this MmtgPga and Uel to the
<br /> payment of the remaining Obligations in whatever order Lender chooses.
<br /> 24, POWER OF ATTORNEY.Monggegur hereby appoints Lender so ita attorney-In-feel to onJorse Morippapor's mane on sip babunents and other
<br /> dta
<br /> - u pennining to life Obligm ntloor Mortgage. lin addition, Lender droll be milled, bun not required, to perform shy action or execute an
<br /> rt required to be taken or executed by hlnriSaf(tor under [lilt Mongnge. Lender's prtiormeuce of such action or executor of such
<br /> do ,nil dull not relieve hlong■gor flout cry ObhgauOn or euro any default under this Mongolia. All powers of atorney descrithe bit Ili.
<br /> Motiaga are coupled with an interest and are Irrevocable.
<br /> 25. SURROGATION or LENDER. Lender obPll he subrogated to Ilia rights of We holder of All pprevious lieu, mecuriny interest or encmubrance
<br /> dis6t rgcd with fund■advanced by Lender regn'Jitet or whetar Vie-lien.,.....by inl....to or other ertcuntbranc cs Moa(nen mleaseJ of record,
<br /> r.sesda Ga
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