3. HRSR 05-16-2005 - Laserfiche WebLink

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to mortgage and convey the Mortgaged Property, (iii) the Mortgaged Property is free from all liens, security interests, and encumbrances, except those listed in Exhibit B attached hereto and made a part hereof (the "Permitted Encumbrances"), (iv) Mortgagor shall quietly enjoy and possess the Mortgaged Property, (v) it shall warrant and defend the title to the Mortgaged Property against all claims, whether now existing or hereafter arising, and (vi) all buildings, improvements, and fixtures now or hereafter located on the Land are, or will be, located entirely within the boundaries of the Land. The foregoing warranties shall survive foreclosure of this Mortgage and shall run with the Land. Mortgagor further covenants and agrees as follows: 1. PAYMENT OF INDEBTEDNESS AND COMPLIANCE WITH OTHER AGREEMENTS. Mortgagor will pay promptly when due the principal of and interest on the Note, the Annual Fee, if any, provided for in the Note, prepayment charges, if any, provided for in the Note, and all other Indebtedness, at the stated maturity date or dates, or earlier in the event of acceleration. Mortgagor will promptly and faithfully observe and perform all of the terms and provisions under, and will permit or suffer no default or event of default to occur under the Development Agreement, Note, and Loan Agreement, of even date herewith, between Mortgagor and Mortgagee, and any other agreement now in effect or hereafter made between Mortgagor and Mortgagee with respect to the transaction evidenced by the Note and this Mortgage. The provisions of the Note and the agreements itemized in this Section 1 are hereby incorporated by reference into this Mortgage as fully as if set forth at length herein. In addition, Mortgagor will promptly and faithfully observe and perform all of the terms and provisions of, and will not permit, suffer, or allow any default or event of default to occur under, any document evidencing any other lien or encumbrance on the Mortgaged Property, whether junior or senior to the lien of this Mortgage, which shall include, but not be limited to, the Permitted Encumbrances. 2. COMPLIANCE WITH LAWS. The improvements made and to be made upon the Land and all plans and specifications comply with all municipal ordinances and regulations made or promulgated by lawful authority, and the same will upon completion comply with all such municipal ordinances and regulations, and with all rules of the applicable fire rating or inspection organization, bureau, association, or office, which are now or may hereafter become applicable. 3. USE OF MORTGAGED PROPERTY. Mortgagor will not permit or suffer the use of any of the Mortgaged Property for any purpose other than the use for which the same is intended at the time of execution of this Mortgage. Mortgagor will keep the buildings and other improvements now or hereafter erected on the Land in good repair and condition, ordinary depreciation excepted. Mortgagor will not commit or permit waste, will not alter the design or