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HomeMy WebLinkAbout0276 . ot a receiver, a~asignec or trustee, or upon failure of the Mort~agor to keep nr perform any ot tht tuma, covenants„ conditiona~ agreementa or etipulations of this mortgage~ the entire indebtedntss heeeby eecured shall immed- iately, or at any time thereafter, at the option of the l~iortgagce, become and be due and payable, and the equity af rtdemption of the Mortgagor may thereupon be foreclo~ed, or t6e Mortgagee may, at its optian~ fnrecloee only as to the sum past due without accelerating the entire debt, and without injury to this mortgage nr the displacement or impairrnent of the remainder of the lien hcreof, and at eu~h foreClosure sale the pt~operty ahall • be sold subject to at! remaining items of indebtedness paya6le under thia mortgage and the nate secuced hereby, and the :1~Iortgagee may again fareclose in the same manner as o[ten aa there may be any sum past due. . ~ In the evei~t of a suit being iristituted to foreclose this mortgage, the Mortgagee shall be entitled at am~ tin~e pending such foreclosure suit to apply to the court having jurisdiction thereof for the appointment of a receiver of all and singular the mortgaged property, and of all the rents, issues and profits thereof from whatscever source derived; and thereupon the court shall forthwith appoint a receiver of said property and of such rents, issues and profits, with the usual pawers and duties of receivers in like cases. Such appointment shall be made by such court as a matter of strict right to the Mortgagee and without reference to the adequacy or inadecluacy of the value of the property hereb}~ mort~aged or ±he solvency or insolvency of the Mortgagor. Such rents, issues and profits shall be applied by such receiver to the payment of the proper and reasonable charges and eacpenses of such receivership and the remainder to the payment of the mort- gage indebtednesa, according to the order of such court. This mortgage is intended b~• the parties to se~ure, and does and shall secure the pa~yment, fully and completely, of any and all sums of money herein descriheci, and of any and all extensions or renewals, with interest thereon, of the aforesaid promissory note, ar any instalment of principal or interest thereof, and any such extension or renewal shall be subject to a(1 oE the covenants, agreements, conditions and stipulations contained in this mortgage. The Mortgagee shall be entitled to enforce this mortgage and to exercise its rights and remedies hereunder t~otwith- standing that some or all of the indebtedness hereby secured is now or shalt hereafter be atherwise secured, whether by mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this mortgage nor the enforcement thereof shall prejudice or in any manner affect the right of the Mortgagee to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being understood that the Mortgagee shall be entitled to enforce this mortgage and any other security now or hereafter held by it in such osder and manner as it ma}~ in its discretion determine. VVithout affecting the liability of any other person liable for the payment of the aforesa.id promissory note or for the performance of the covenants and agreements herein contained, and without affecting the lien or charge of this mort- gage upon any of the property described herein as security for the full amount of all unpaid indebtedness hereunder, the Mortgagee may from time to time, and without notice, release any person so liable, extend the time of payment of any sum payable under said note, or grant other indulgences, or maiify any of the terms or provisions hereoE or of said note, release any parcel ar portion of the property hereby mortgageci, or con~ent to the granting of any easement, or enter into any agreement subordinating the lien hereof, or take or rslease any other security for the payment of said note or for the perforn~ance of any af the covenants and agreements hereunder, and/or make compositions or other arrangements with debtors in relation thereta. It is understood and agreed that no delay or omission by the Mortgagee in the exercise of any right or remedy accruing upon any default or in the doing of any of the matters and things by it permitted to be done under the terms ' and provisiane of this mortgage and said promissory note shall impair any such right ar remedy, nor be construed ta bs a waiver of any such default or acquiescence therein, nor shail it af~ect any subsequent default of the same or a dif- ferent nature and every such right or remedy may be exercised from time to time and as often as it is deemed expedient by the Mortgagee. ~ Nothing contained herein, nor any transaction relatecl hereto, shall be construed or so operate as to require the M~rtgagor to pay interest at a rate greater than it is lawful in such case to contract far, or to make any payment or to ::~F any act contrary to law. It is understood and agreed that if any clauses or provisions herein contained operate or would prospeciively operate to invalidate this mortgage, in whole or in part, then, such clauses and provisions anly stiall be held for naught, as though not herein contained, and the remainder of this martgage shall remain operative and in full force and effect. It is mutually under5tood and agreed that all words used in the singular number in this niortgage shall be de~med to include the plural, and the mase:uline gender shall include the feminine and/or neuter, as the context may require. It is further understood and agreed that ali of the terms, conditions, covenants and agreements of this rnnrtgage shall extend to and be binding upon the :1~Iortga~or and the heirs, successors or assigns of the Mortgagor, and shall inure to the benefit of the Mortgagee and its sucCessors or assigns. When more than one party is named as the Mortgagor, the obligations and liabi(ities of such parties shall be join~ and several. Page 600K ,