Common use of Mortgagee's Right to Perform Under Leases Clause in Contracts

Mortgagee's Right to Perform Under Leases. Should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease or should Mortgagee become aware of or be notified by any tenant under any Lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Lease, Mortgagee may, but shall not be obligated to, and without further demand upon Mortgagor, and without waiving or releasing Mortgagor from any obligation contained in this Mortgage, remedy such failure, and Mortgagor agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure together with interest at the Default Rate (as defined under the Note). All such sums, together with interest as aforesaid shall become additional Indebtedness Secured Hereby, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder.

Mortgagee's Right to Perform Under Leases. Should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease lease, or should Mortgagee become aware of or be notified by any tenant under any Lease lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Leaselease, then Mortgagee may, but shall not be obligated to, and without further demand upon Mortgagor, Mortgagor and without waiving or releasing Mortgagor from any obligation contained in this MortgageInstrument, remedy such failure, and Mortgagor Xxxxxxxxx agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure together with interest at the Default Rate (rate as defined under specified in the Note). All such sums, together with interest as aforesaid shall become additional Indebtedness Secured HerebyObligations, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder.

Mortgagee's Right to Perform Under Leases. Should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease lease of all or any part of the Premises or should Mortgagee become aware of or be notified by any tenant under any Lease such lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Leaselease, Mortgagee may, but shall not be obligated to, and without further demand upon Mortgagor, Mortgagor and without waiving or releasing Mortgagor from any obligation contained in this Mortgage, remedy such failure, and Mortgagor agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure Loan No. 09090 23 including, without limitation, Mortgagee’s attorneys’ fee together with interest at the Default Rate (as defined under the Note)Rate. All such sums, together with interest as aforesaid shall become so much additional Indebtedness Secured HerebyIndebtedness, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder.

Mortgagee's Right to Perform Under Leases. Should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease lease of all or any part of the Premises or should Mortgagee become aware of or be notified by any tenant under any Lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Leaselease upon not less than ten (10) days written notice to Mortgagor (except in the case of an emergency and then no notice is required), Mortgagee may, but shall not be obligated to, and without further demand upon Mortgagor, and without waiving or releasing Mortgagor from any obligation contained in this Mortgage, remedy such failure, and Mortgagor agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure including, without limitation, Mortgagee's reasonable attorneys fees together with interest at the lesser of thirteen and seventy-five hundredths percent (13.75%) or the maximum rate allowed by law (the "Default Rate (as defined under the NoteRate"). All such sums, together with interest as aforesaid aforesaid, shall become an additional Indebtedness Secured HerebyIndebtedness, but no such advance shall be deemed denied to relieve the Mortgagor from any default hereunder.

Mortgagee's Right to Perform Under Leases. Should Upon the occurrence of an Event of Default and should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease lease of all or any part of the Premises or should Mortgagee become aware of or be notified by any a tenant under any Lease such lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Leaselease, Mortgagee may, but shall not be obligated to, and without further flirther demand upon Mortgagor, and without waiving or releasing Mortgagor from any obligation contained in this Mortgage, remedy such failure, and Mortgagor agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure including, without limitation, Mortgagee's reasonable attorneys' fee together with interest at the Default Rate (as defined under the terms of the Note). All such sums, together with interest as aforesaid shall become so much additional Indebtedness Secured HerebyIndebtedness, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder.

Mortgagee's Right to Perform Under Leases. Should the ----------------------------------------- Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any Lease lease or should the Mortgagee become aware of or be notified by any tenant under any Lease lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said Leaselease, Mortgagee may, but shall not be obligated to, and without further demand upon the Mortgagor, and without waiving or releasing Mortgagor from any obligation contained in this MortgageMortgage contained, remedy such failure, and the Mortgagor agrees to repay upon demand all sums incurred by the Mortgagee in remedying any such failure together with interest at the Default Rate (as defined under then rate in effect on the Note). All such sums, together with interest as aforesaid shall become so much additional Indebtedness Secured Herebyindebtedness secured by this Mortgage, but no such advance shall be deemed to relieve the Mortgagor from any default hereunder.