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5.1. HRSR 05-02-2005
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5.1. HRSR 05-02-2005
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City Government
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HRSR
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5/2/2005
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thereof, either temporarily or permanently, in or by condemnation or other eminent domain <br />proceedings, or by reason of sale under threat thereof, or in anticipation of the exercise of the <br />right of condemnation or other eminent domain proceedings. Mortgagor will file and prosecute <br />in good faith and with due diligence what would otherwise be its claim in any such award or <br />payment, and will cause the same to be collected and paid over to Mortgagee, and Mortgagor <br />irrevocably authorizes and empowers Mortgagee (which power is coupled with an interest and is <br />irrevocable), in the name of Mortgagor or otherwise, to file, prosecute, settle, or compromise any <br />such claim, and to collect receipt for and retain the same. The proceeds of the award of payment <br />may, subject to the provisions contained in Section 6 hereof, after deducting all reasonable costs <br />and expenses which may have been incurred by Mortgagee in the collection thereof, at the sole <br />discretion of Mortgagee, be released to Mortgagor, applied to restoration of the Mortgaged <br />Property, or applied in reduction of the Indebtedness secured hereby. <br />14. . REAMORTIZATION. At the option of Mortgagor, the Indebtedness may be <br />reamortized on terms acceptable to Mortgagee if: (i) a partial prepayment results from an award <br />in condemnation in accordance with provisions of Section 13 hereof, or from an insurance <br />payment made in accordance with provisions of Section 6 hereof, and (ii) there is a resulting loss <br />of income from the Mortgaged Property. <br />15. INSPECTION. Mortgagee, or its agents, may at all reasonable times enter upon the <br />Mortgaged Property for the purposes of inspection. Mortgagee shall have no duty to make such <br />inspection and shall not be liable to Mortgagor or any person in possession if it makes such <br />inspection. Mortgagee, or its agents, shall also have the right at all reasonable times to examine <br />the books and records of Mortgagor pertaining to the Mortgaged Property and to make extracts <br />therefrom and copies thereof. <br />16. NO DISCRIMINATION. So long as this Mortgage and the Note secured hereby are <br />held by Mortgagee, Mortgagor will not execute or file for record any instrument that imposes a <br />restriction upon the sale or occupancy of the Mortgaged Property on the basis of race, creed, <br />color, religion, sex, national origin, familial status, marital status, status with regard to public <br />assistance, disability or sexual orientation. <br />17. SECURITY INTEREST. This Mortgage shall constitute a security agreement with <br />respect to, and Mortgagor hereby grants Mortgagee a security interest in, all of Mortgagor's <br />accounts, equipment, personal property, and fixtures, and all proceeds thereof, presently or <br />hereafter used in the operation of the Mortgaged Property. Mortgagor hereby authorizes <br />Mortgagee at any time and from time to time to file any and all financing statements covering <br />Development Name, City <br />LMIR-Combination Mortgage, Security Agreement <br />and Fixture Financing Statement <br />Dev. # <br />] 0 Date_ <br />
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