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HomeMy WebLinkAbout2886 gayable by virtue of said note and this mortgage, each and every, were ori~inally stipulated to be paid on such day, auything in said note or herein to the contrary notwithstandiag; and the Mortgagee may, at its option, demand the assignment by the Mortgagors of the said lease t^ the Mortgagee; and it shall be lawful for. and the Mortgagors here~iy authorize and empower the Mortgagee, with the aid and assiatance of any person or persons, to enter said store premises and such place or places as said chattels may be placed, and take possession of and re- move said goods and chattels, and without previous demand to sell and dispose of the sarrie at public•or private sale, at which the Mortgagee may purchase the same, or any part thereof, for the best price th,at can be obtained; and out of the money arising therefrom, to retain and pay all sums and interest then aecured by this Mortgage, erther then or thereafter payable, including all costs, charges and expenaes and rea- _ sonable attorney' "s fees incurred or sustained by Mortgagee i.n relat;~n to such goods and chattels, or to discharge any claims or liens of third . _ persons affecting the same, renderiag the surplus (if any) to Mortgagors. It is understood and agreed that if the proceeds from the sale of said - goods and chattels shall fail to satisfy whatever amounts may be secured by thi.s Mortgage (including all costs, charges, expenses and reasonable attorney's fees as aforesaid), Mortgagors agree to pay the deficiency. 2. The rights and remedies provided hereunder are cumulative, and not exclusive of any rights or remedies which the Mortgagee may or would otherwise have at law or in eguty. The unenforceability or in-- validity of any provision or condition in this Chattel Mortgage shall not affect the enforceability or validity of any other provision or condition; 3. The loss, injury or destruction of said goods and chattels shall be the risk of the Mortgagors and shall not release Mortgagors of aby obligations hereunder; 4. If possession is taken by~the Mortgagee of said goods and chattels as may be permitted hereuader, Mortgagors hereby release all rights of redemption that Mortgagors may have; - I 5. No provision hereof shall be modified, limited, c~:anged or altered, except by a written instruznent expressly referring :aerein and setting forth the provision so modified, limited, changed or ~ltered, and duly executed by the M~tgagee; 6. The- Moxtgagee shall not, by any act, delay, omission or otherwise, be deemed to have waived any of its rights or remedies hereunder, unless such waiver be in writing, signed by the Mortgagee, and then only to the e:ctent therein provided; a v~aiver by the Mortgagee of any right or remedy hereunder on any one occasion sh~ll not be con- strued as a bar to or waiver of any such right and/or remedy which the Mortgagee would have had an any future occasions, nor shall the Mort- gagee be liable for exercising or failing to exercise any such right and/or iemedy. ~ The terms, covenants, conditions and agreements contained in ~ this Chattel Mortgage shall be binding upon the Mortgagors, their auc- cessors, legal representatives, assigns and heirs, and any and all per- ~ sons claiming by, #hrough, or under the Mortgagors. VPherever any reference is iriade to the Mortgagee, it is intended to include Mortga- gee's legal representatives, successors and asaigns. ~ -6- ~ ~ go~ 162 P~E 48~ - . _ _ . . : _ - .