Laserfiche WebLink
remedy hereunder or at law or in equity. The failure of Mortgagee to exercise any option <br /> to accelerate maturity of the Obligations secured by the Mortgage, the forbearance by <br /> Mortgagee before or after the exercise of such option, or the withdrawal or abandonment <br /> of proceedings provided for by this Mortgage shall not be a waiver of the right to exercise <br /> such option or to accelerate the maturity of such Obligations by reason of any past, <br /> present or future event which would permit acceleration. The procurement of insurance <br /> or the payment of taxes or other liens or charges by Mortgagee shall not be a waiver of <br /> Mortgagee's right to accelerate the maturity of the Obligations. Mortgagee's receipt of <br /> any awards, proceeds or damages shall not operate to cure or waive default by <br /> Mortgagor. Mortgagee may at any time, without notice, release any person liable for <br /> payment of any Obligations, extend the time or agree to alter the terms of payment of any <br /> of the Obligations, accept additional security of any kind, release any plat or map of the <br /> Mortgaged Property or the creation of any easement thereon or any covenants restricting <br /> use or occupancy thereof, or agree to alter or amend the terms of this Mortgage in any <br /> way. No such release, modification, addition or change shall affect the liability of any <br /> person other than the person so released, for payment of any Obligations, nor affect the <br /> priority and first lien status of this Mortgage upon any property not so released. <br /> ARTICLE FOUR <br /> ASSIGNMENT OF RENTS <br /> 4.1 Assignment. As security in addition to the lien of this Mortgage upon the <br /> Property, Mortgagor hereby grants, transfers and assigns to Mortgagee all of the right, <br /> title and interest of Mortgagor in and to all Leases and all rents, income, profits, <br /> revenues, royalties, bonuses, rights, accounts, contract rights, general intangibles and <br /> benefits (all of which are sometimes hereinafter referred to as "Rents"), now or hereafter <br /> accruing or owing by reason of a Lease of any or all of the Property. <br /> 4.2 Covenants of Performance. To protect the security of this Assignment, <br /> Mortgagor warrants, covenants and agrees: <br /> (a) to faithfully abide by, perform and discharge each and <br /> every obligation, covenant and agreement under any Leases to be <br /> performed by Mortgagor thereunder; to give prompt written notice to <br /> Mortgagee of any notice of default on the part of Mortgagor with respect <br /> to any Lease received from a tenant thereunder; to enforce or secure short <br /> of termination of any Lease the performance of each and every obligation, <br /> covenant, condition and agreement of the Leases by the tenants thereunder <br /> to be performed; not to borrow against, pledge or assign any of the Rents, <br /> or anticipate the Rents; not to waive, excuse, condone or in any manner <br /> release or discharge any tenant thereunder of or from the obligations, <br /> covenants, conditions and agreements to be performed under the Lease or <br /> to permit the tenant to assign its interest in the Lease unless required to do <br /> so by the terms of the Lease; not to terminate the Leases or accept a <br /> surrender thereof or a discharge of the tenant unless required to do so by <br /> the terms of the Lease; not to consent to a subordination of the interest of <br /> -12- <br />