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HomeMy WebLinkAbout2500 ~ • 1 . ~ A-419 (Rev, 1/59) ~6e #3 0~ 3 . ' (a} at its option, to decl~re the entire unpaid bslance of the indebtedness securPd hereby to be 3mvuediately due and payable; and (b) at its option, to pay ar~y stmns due and paysble under any prior mortgage and charge the sat~e to Mortgagor; and, (_c) at its option, to e~ter upon and take possession of the premises and operate the same or collect the rents, issues and profits therefrom, and applv the same, after deduction of reasonable " expenses, to the payment of the indebtedness secured hereby; and, (d) at its option, to foreclose this MortgagP by 3udicial proceeding or in ar~y mode prescribed by statute. Shell shall not be required to give notice to Mortg,agor of its exercise of ar~y of ~ the foregoing optionsv Mortgagor hereby Waives all rights to possession of the premises after az~y such def~e~ult as aYoresaid, and also the benefit of sll valuation, appraisement, stay and exemption lsws. 8. If a~y proceeding is inatituted to foreclose this Mortg,age, Shell shall be entitled to the appointment of a receiver for the premises during the pendency oY such proceedin,g, without re~ard to proof oY insolvency, or coa~nissioa of vaste or inadequacy of Shell's security, to take posseseion of the premises, collect the rents, issues and profits therefraa, and app].y the ssme to the payment ' of the indebtedness secured hereby. i ~ a. If a~y proceeding is instituted to Poreclose this Mortgage, Irbrt~agor ! shall pay tc c:~ell a reasonable attorney's ~ee in an amount equal to ten percent ~ (10'~) oY the then unpaid balance oY Mortg~gor's indebtedness secured hereby, and . all court costs and other expenses incurrecY by Shell in such proceeding; and all such sums shsll be added to the indebtedness secured hereby and included in ar~y p decree o: foreclosure. f 10. She1].'s ~+aiver of a~y right or rights accruing to it by reason of a~}r defaL:t by Mortgagor in the perYorm~nce or observance of a~y of the covenants or ~ conditions o~ this Mortgage shall not be construed to be a Waiver of any other ~ rights accruing to Snell by reason of such default or a Waiver of aqy rights j accruing to it by reason of any oi.~er deYsult by M~ortgagor in the perfor~nce of ~ the same or any other covenant or condition oY this Mort~ge; nor sha11 Shell's ~ ri ts hereunder be in gh any ~ay af'fected by ar~y forbearance or caurse of des2ing. The ir.validity or unenYorceability of a~y particular covenant or condition of this Mortgage shall not pre~udice or aPPect the validity or er~terceability of this ~ Mortgage or of ar~y other covenant or condition hereot. ~ ~ ~ 11. Al1 of the covenante and canditions of this Mortg~age shall be ~onstrued to be covenants running vitb the land, and ahall bind and inure to the beneP3t of ; ~ Mort~gor'a heirs, sdministratora, executors, successors and aeBigas, and Shell's ~ successors and assi~?a. IH KITNESB ~REOF, Mort~agor hss sigaed and sealed this M~ortg~ge on tbe ~ date firet herein xritten. ' Kl'I'l~FSS~BS : ~ , - - ( 3FAL ) . ~ ' ~ (S~I.) , : . ~ ~i'73 ~2~8~_ _ _ _ ~ r~~r~L, s~:~.~~-~ . ~ . _ _ _ . - - - - _s r.._.,r_