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4,3 Nothing in this Section 4 shall ever be constnred as subordinating this instrument to any
<br />Lease; provided that any proceedings by Holder to foreclose this instrument, or any action by way of its
<br />entry into possession after the occurrence of an E~cnt of Default, shall not operate to terminate any Lcasc
<br />which has been approved in writing by fIolder, and IIolder will not cause any Lessee under any such
<br />approved }.ease to be disturbed in his possession and enjoyment of the leased premises so long as such
<br />Lessee shall continue fidly and promptly to perform all the terms, covenants, and provisions of his Lease,
<br />4.4 Grdrrtur covenants to: (a) Lipun demand by IIolder, assign to Ilulder, by separate
<br />instrument in form and substance reasonably satisfactory to Holder, any or all Leases, or the Rental
<br />payable thereunder, including, without limitation, any Lease which rs now in existence or which may be
<br />executed after the date hereof, (b) not accept from any Lessee, nor permit any Lessee to pay, Rental for
<br />more than one month in advance; (c) comply with the material terms and provisions of each Lease; (d) not
<br />amend, modify, extend, or renew any Lease; (e) not assign, transfer, mortgage, cancel, or accept surrender
<br />of any Lease; (f) not assign, transfer, pledge, or mortgage any Rental; (g) not waive, excuse, release, or
<br />condone any nonperformance of any material covenants of any Lessee; (h) give to IIolder duplicate notice
<br />of each default by each Lessee; (i) cause each Lessee to agree (and each Lessee under each Tease
<br />executed after the date hereof does so agree) to give to Holder written notice of each and every default
<br />larder his Lease by Grantor and not to exercise any remedies rurdcr such Lease unless Holder fails to cure
<br />such default within ten (10) days, or within such longer period as may be reasonably necessary if such
<br />default cannot be cured within ten (10) days, after Holder has received such notice; provided that Holder
<br />shall never have any obligation or duty to cure any such default; and, if applicable, (j) use its hest efforts
<br />to obtain and furnish [u Holder, upon request, itemized statistics, in such detail as shall be satisfactory to
<br />Holder, of the annual gross salts of each Lessee from the premises covered by his Lease.
<br />4.5 lrr the event t}oldcr ever collects Rental, Holder shall be entitled to pay its agent as
<br />compensation for collecting such Rental, from sums so collected, a reasonable fee.
<br />SGCT}ON S.:~fISCrLLAN1JOUS.
<br />5.1 If the Obligation is paid and performed in full in accordance with the terms of this
<br />instrument and the Note and other security instnuments and if Grantor shall well and truly perform and
<br />observe all of Grantor's covenants contained herein, then this conveyance shall become null and void and
<br />be released at Grantor's request and expense; otherwise, it shall remain in full force and effect.
<br />5.2 All Rights and Liens herein expressly conferred are cumulative of all other Rights and
<br />Liens herein, or by law or in equity provided, or provided in any other security instrument, and shall not
<br />he deemed to deprive Holder or Trustee of any such other legal or equitable Rights and Liens by judicial
<br />proceedings, or otherwise, appropriate to enforce the conditions, covenants, and terms of this instrument,
<br />the Mote, and other security instruments, and the employment of any Rights hereunder, or otherwise, shall
<br />not prevent the concurrent or subsequent employment of any other appropriate Rights.
<br />5.3 IIolder shall be entitled to receive any and al] sums which may be awarded or become
<br />payable to Grantor For the condemnation of any part of the Mortgaged Property for public or quasi-public
<br />use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to
<br />Grantor for damages caused by public works or construction on ur adjacent to the Mortgaged Property.
<br />All such sums are hereby assigned to }[older, and Grantor shall, upon request of Bolder, make, execute,
<br />acknowledge, and deliver any and all additional assignments and documents as may be necessary from
<br />time to time to enable }}older to collect and receive any such sums. Holder Shall not be, under any
<br />circumstances, liable ur responsible for failure to collect, or exercise diligence in the collection of, any of
<br />such sums. Any sums received by Holder as a result of any condemnation of the Mortgaged Property
<br />shall be applied to the Obligation as provided ur Section 3 herein.
<br />E-9
<br />96iR97 7
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