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PROVIDED, NEVERTHELESS, That this Mortgage is given upon the express condition <br />that if Mortgagor or Borrower shall cause to be paid and performed all of the Obligations, and <br />shall also keep and perform all and singular the covenants herein contained on the part of <br />Mortgagor to be kept and performed, then the Mortgage and the estate hereby granted shall cease <br />and be and become void and shall be released of record at the expense of Mortgagor or <br />Borrower; otherwise this Mortgage shall be and remain in full force and effect. <br />MORTGAGOR REPRESENTS, WARRANTS AND COVENANTS to and with <br />Mortgagee; that it has good right and full power and authority to execute this Mortgage and to <br />mortgage the Mortgaged Property; that the Mortgaged Property is free from all liens and <br />encumbrances; that Mortgagee shall quietly enjoy and possess the Mortgaged Property; that <br />Mortgagor will warrant and defend the title to the Mortgaged Property against all claims, <br />whether now existing or hereafter arising. The covenants and warranties of this paragraph shall <br />survive foreclosure of this Mortgage and shall run with the Land. <br />AND IT IS FURTHER COVENANTED AND AGREED AS FOLLOWS: <br />ARTICLE ONE <br />GENERAL COVENANTS, AGREEMENTS, WARRANTIES <br />1.1Payment of Obligations; Observance of Covenants.Mortgagor will duly pay and <br />perform its Obligations and will perform or cause to be performed all other agreements and <br />covenants by Mortgagor to be performed hereunder. <br />1.2Payment of Impositions. Mortgagor agrees to pay, before a penalty might attach <br />for nonpayment thereof, all taxes, assessments, water and sewer charges, and other fees, taxes <br />and charges of whatsoever nature levied upon or assessed or placed against the Mortgaged <br />Property (collectively “Impositions”). Mortgagor will likewise pay all taxes, assessments and <br />other charges, levied upon or assessed, placed or made against, or measured by, this Mortgage, <br />or the recordation hereof, or the Obligations, provided that Mortgagor shall not be obliged to pay <br />such tax, assessment or charge if such payment would be contrary to law or would result in the <br />payment of an usurious rate of interest on the Obligations. Mortgagor shall promptly furnish to <br />Mortgagee all notices received by Mortgagor of amounts due under this Section and upon <br />Mortgagee’s request, shall deliver proper receipts evidencing the payment of such amounts. In <br />the event of a judicial decree or legislative enactment after the date of this Mortgage, providing <br />that any such imposition may not be lawfully paid by Mortgagor, or in the event that the payment <br />of any such imposition by Mortgagor would result in the payment of a usurious rate of interest <br />on the Obligations, the Obligations, together with interest, shall become immediately due and <br />payable, or, at Mortgagee’s option, Mortgagee may pay any amount or portion of such <br />Imposition as renders the Obligations unlawful or usurious, in which event Mortgagor shall <br />concurrently therewith pay the remaining lawful and non-usurious portion or balance of said <br />Imposition. <br />1.3Payment of Operating Costs; Prior Mortgages and Liens. Mortgagor agrees that it <br />will pay, or cause to be paid, all operating costs and expenses of the Mortgaged Property; keep <br />the Mortgaged Property free from mechanics’ and material suppliers’ and other liens, subjectto <br />533955v3 GAF EL185-57 <br />