10-25-01 3. MORTGAGE - Laserfiche WebLink

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limitation)any supplement to this Mortgage to particularly describe any properties which have been or are intended to become subject to the lien hereof. 9. Amendments. This Mortgage may be amended only as provided in the Loan Agreement and Indenture. 10. Loan Agreement and Indenture Control. Any provision in this Mortgage which is inconsistent with the Loan Agreement or the Indenture or any provision thereof shall be interpreted as if such provision were not contained herein and as if the provisions of the Loan Agreement and the Indenture had been fully incorporated herein. In all cases of inconsistency, and in case of any amendment to or supplement to the Loan Agreement or the Indenture,entered into in accordance with the provisions thereof, the provisions of the Loan Agreement (as amended and supplemented) and the Indenture (as amended and supplemented) shall control. Reference is hereby made to copies of the Loan Agreement and the Indenture to be placed on file at the offices of the Mortgagor and the Trustee. 11. Assignment of Mortgage to Trustee; No Recourse to City. Pursuant to that certain Assignment ofMortgage,dated as ofNovember 1,2001 (the"Mortgage Assignment"), the City has assigned all of its right, title and interest in and obligation under this Mortgage to the Trustee, and said Mortgage Assignment is and shall be without recourse to the City, and the Trustee, and not the City, shall then be responsible to discharge any and all obligations as Mortgagee hereunder. It is further understood and agreed that no covenant, provision or agreement contained in this Mortgage or in the Mortgage Assignment, and that no obligation herein or therein otherwise imposed upon the City or respecting the breach thereof, shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers nor shall the City be responsible to discharge any of such obligations upon the failure of the Trustee, as assignee of the City under the Mortgage Assignment, to do so. The Mortgagor hereby consents to the Mortgage Assignment. 12. Fixture Filing. From the date of its recording,this Mortgage shall be effective as a financing statement filed as a fixture filing with respect to all goods constituting part of the Mortgaged Property which are or are to become fixtures related to the real estate described herein. For this purpose, the following information is set forth: (a) Mortgagor hereby authorizes Mortgagee to file financing and continuation statements with respect to the Mortgaged Property without the signature of Mortgagor whenever lawful, and Mortgagor irrevocably constitutes and appoints each of Mortgagee, and each of the officers of Mortgagee,as Mortgagor's attorney-in-fact coupled with an interest for such purpose; and Mortgagor agrees to execute such financing and continuation statements as Mortgagee may reasonably request. 9