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connection wrth which the grantee or transferee expressly assumes and unconditionally agrees to pay and
<br />perform the Ubligatiun; (h) promptly deliver to Holder the terms of any sale of the Viorlgaged Properly,
<br />or any part thereof, provided that neither this provision nor any provision in Section 5 shall be constnred
<br />to impliedly or expressly authorize any action by Grantor contrary to any other provision of this
<br />instrument; (i) not cause or permit any of the Accessories to be removed from the county and state where
<br />the Land is located, etcept items of the Accessories which have become obsolete or worn beyond
<br />practical use and which have been replaced by adequate substitutes having a value equal to or greuler lhan
<br />the replaced items when new; (j) continuously maintain Grantor's existence and its right to do business in
<br />"Cexas; (k) at any time, and from time to time, upon request by Holder, forthwith execute and deliver to
<br />Holder arty and all additional instruments and further assurances and do all other acts and things, as may
<br />be necessary or proper, m Holder's opinion, to effeel the intent of these presents, more fully evidence and
<br />perfect the Rights and Liens herein created or intended to be created, and protect die Rights of Holder
<br />hereunder; and (1) at any time, and from time to time, upon demand by Holder, pay any and all costs and
<br />expenses of any and all searches reasonably required by Holder in connection with the Accessories, and
<br />pay Holder's charge, to the maximum amount permitted by law, for any statement made by Holder
<br />regarding Holder's security interest in the Accessories.
<br />2.4 Grantor hereby assumes all liability for the Mortgaged Property, for the Liens created
<br />herein, and for any development, use, possession, maintenance, and management of; and construction on,
<br />the Mortgaged Property, or any part thereof, and agrees to assume liability for, and to indemnify and hold
<br />Holder harmless from and against, any and all claims, causes of action, or liability for injuries to or deaths
<br />of persons and damage to property, howsoever arising from or incident to such development, use
<br />possession, maintenance, management, and construction, whether such persons be agents or employees of
<br />Grantor or of others. GRANTOR AGREES TO INDEMNIFY, SAVE AND HOLD HULUER
<br />HARivTLF,SS FROM AND AGAINST, AND COVENANTS TO DF,FF.ND HOLDER AGAl]\ST,
<br />ANY AND ALL LOSSES, DAMAGES, CLAIMS, PENALTIES, COSTS, AND ATTURNEYS'
<br />FEES, HUWSOEVF,R ARISLYG OR INCURRED BECAUSE OF, INCIDENT TO, OR WITH
<br />RESPECT TO THE 1'IORTGAGED PROPERTY OR ANY DEVELOPMENT, USE,
<br />POSSESSION, 1'~'IAINTENANCE, OR MANAGEMENT THEREOF OR CONSTRUCTION
<br />THF,REON, EXCEPT FOR ANY LOSS, DAIvIAGE, CLAIM, COST, PENALTY OR
<br />ATTORNEYS' FEES ARISING OUT OF THF. GROSS NEGLIGENCE OR WTLLFUI,
<br />NIISCONDG~CT OF HOLDER.
<br />WITHOUT LIlVll'I'AJ'iON, THE FOREGOING LYDEMNIT[ES SFIALL APPLY WITH
<br />RESPECT TO MATTERS WHICH IN WHOLE OR IN PART ARE CAUSED BY UR ARISE
<br />OUT OF, OR ARE CLAIMED TO DE CAUSED BY OR ARISE OUT OF, THE NEGLIGENCE
<br />(WHETHER SOLE, COMPARATIVE OR CONTRIBUTORY) OR STRICT LIABILITY OF
<br />HOLDER. HOWEVER, SUCH INDEMIVITEF.S SHALL NOT APPLY TO HOLDER TO THE
<br />EXTENT THAT TIIE SUBJECT OF INDEMNIFICATION IS CAUSED BY OR ARISES OUT
<br />OF THE GROSS NEGLIGENCF. OR WILLFUL ivQSCONDUCT OF HOLDER.
<br />SECTION 3. DEFAULTS AND RF.I/1F,DlES.
<br />3.1 The following occurrences constitute an "Event of Default" for the purposes hereof:
<br />(a) l'he occurrence of an Event of Default pursuant Lo, and as defined in, either the Loan
<br />Agreement or the Note; and
<br />(b) The Mortgaged Property or any part thereof shall be sold or otherwise transferred prior to
<br />maturity (whether accelerated or otherwise) of the Obligation secured hereby without the consent of
<br />Mortgagee (which tray be withheld in its sole discretion).
<br />E-~J
<br />9RSR97 7
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