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HomeMy WebLinkAbout0086~~. t!~cic ceuNTr. F~~-. s«. ~.~ (6) To sell the Mortgaged Properties, subject to Prior Liens, to the highest bidder at public auction, at such place and upon such ternna as it may fix. Ndwr N Sec. b.4 If, at any time after Default and before any sale of the ONadt Mortgaged Properties, all Defaults under this Indenture shall have been remedied, the holders of the majority in principal amount of the Bonds Outstanding may, by notice to The Company and to the Trustee, waive any such Default and its consequences, but no such waiver shall extend to any Default thereafter. Stbs Sec. 6.6 In the event of any axle under the power of sale herein granted, or order of a court of competent jusivdiction, unless otherwise required by law or lawful order of the court:- _ (1) The Mortgaged Properties shall be sold as an entirety, un- less the holders of a majority in principal amount of the Bonds then Outstanding shall request that said Properties be sold in parcels, in which case the sale shall be made in such parcels as shall be specified in such request; (2) Notice of any such sale shall state the time and place of same, give a brief general description of the property to be sold and be published once in each of four successive weeks, on any business day in the week, in daily newspapers printed in the English language customarily on each business day, and at least one of which is of general circulation in the Borough of Manhattan, City and State of New York, one in the City of Jacksonville and one in the City of Miami, State of Florida. The first of each such notices shall be pub- lished not less than 60 nor more than 90 days prior to the date of sale (8) Such sale may be adjourned by announcement at the time and place appointed for same or for such adjourned sale or sales and, without further notice or publication, may be made at the time and place to which it shall be so adjourned; (4) Upon request by the holders of 76% in principal amount of the Bonds Outstanding, the Trustee shall, on behalf of the holders of all Outstanding Bonds, bid in the Mortgaged Properties for such price, and upon such terms and conditions, as may be specified in such re- quest; (6) The Trustee (or the receiver or trustee on any judicial sale) shall execute and deliver to the purchaser a good and sufficient deed or other instrument conveying and transferring the Property sold, the Trustee being hereby irrevocably appointed the attorney-in-fact of The Company, in its name and stead, to make all necessary conveyances and assignments of Property and with power to substitute one or more Persona with like power; alnd if so required by the Trustee, The Com- pany shall join in the execution and delivery of any such convey- ances, assignments or instruments of transfer; (6) Upon any such sale, any purchaser, for the purpose of making settlement or payment for the Property purchased, may apply any Bonds, tog•~ther with matured interest thereon, as a credit on the E'er eo~~ 1 ~~~