Laserfiche WebLink
533955v3 GAF EL185-57 <br /> 3.5 Specific Performance. Mortgagee may bring suit for specific performance of any <br />covenant or warranty hereunder. <br /> 3.6 Forbearance and Other Rights of Mortgagee. Any delay by Mortgagee in <br />exercising any right or remedy hereunder, or otherwise afforded by law or equity, shall not be a <br />waiver of or preclude the exercise of such right or remedy or any other right or remedy <br />hereunder or at law or in equity. The failure of Mortgagee to exercise any option to accelerate <br />maturity of the Obligations secured by the Mortgage, the forbearance by Mortgagee before or <br />after the exercise of such option, or the withdrawal or abandonment of proceedings provided for <br />by this Mortgage shall not be a waiver of the right to exercise such option or to accelerate the <br />maturity of such Obligations by reason of any past, present or future event which would permit <br />acceleration. The procurement of insurance or the payment of taxes or other liens or charges by <br />Mortgagee shall not be a waiver of Mortgagee’s right to accelerate the maturity of the <br />Obligations. Mortgagee’s receipt of any awards, proceeds or damages shall not operate to cure <br />or waive default by Mortgagor. Mortgagee may at any time, without notice, release any person <br />liable for payment of any Obligations, extend the time or agree to alter the terms of payment of <br />any 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 use or <br />occupancy thereof, or agree to alter or amend the terms of this Mortgage in any way. No such <br />release, modification, addition or change shall affect the liability of any person other than the <br />person so released, for payment of any Obligations, nor affect the priority and first lien status of <br />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, title and <br />interest of Mortgagor in and to all Leases and all rents, income, profits, revenues, royalties, <br />bonuses, rights, accounts, contract rights, general intangibles and benefits (all of which are <br />sometimes hereinafter referred to as “Rents”), now or hereafter accruing or owing by reason of a <br />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 every <br />obligation, covenant and agreement under any Leases to be performed by <br />Mortgagor thereunder; to give prompt written notice to Mortgagee of any notice <br />of default on the part of Mortgagor with respect to any Lease received from a <br />tenant thereunder; to enforce or secure short of termination of any Lease the <br />performance of each and every obligation, covenant, condition and agreement of <br />the Leases by the tenants thereunder to be performed; not to borrow against, <br />pledge or assign any of the Rents, or anticipate the Rents; not to waive, excuse, <br />condone or in any manner release or discharge any tenant thereunder of or from <br />the obligations, covenants, conditions and agreements to be performed under the