Loading...
HomeMy WebLinkAbout0831 for the valuation or appraisal of the mortgaged property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein, or pursuant to the decree, judg- ment or order of any court of canpetent jurisdiction; nor, after any such sale or sales, claim or exercise any right under any stetute heretofare or hereafter enacted by any ~overc~mental authority, or otherwise, to redeem the property so sold or any part thereof; and Mortgagor hereby expressly waives all benefit or advantage of any such law or laws, and covena~ts aot to hinder, delay or impede the executton of any power herein granted or delgated to Mortgagee, but to suffer and pexmit the execution of every power as though no such law or laws had been made or enacted. Mortgagor, for itse•Lf and a12 who claim under it, waives, to the extent that it Iawfully may, aIl right to have the mortgaged property marshaled upon any foreclosure hereof . Section 2.03. During the continuance of any such Event of Default, Mortgagee personally, or by it"s agents or attorneys, may enter into and upon all or any part of the Premises, and each and every part thereof, and may exclude Mortgagor, its agents and servants wholly therefrom; and having and holding the same may use, operate, manage and control the mortgaged property; and Mortgagee shall be entitled to collect 8nd receive alI earnings, revenues, rents, issues, profits and income of the mortgaged property and every part thereof, all of ahich shall for aIl purposes constitute property of Mortgagor; and after deducting the expenses of conducting the business thereof, if a business ia maintained on the mortg~ged-prop- erty, and of all maintenance, repairs, renewals, replacements, .alterations, additions, bettermenta and improvementa and amounts necessary to pay for taxea, aasessments, insurance and prior or other proper charg~s upon the mortgaged property or any part thereof, as well as just and reaeonable c'anpensation for the services of Mort- gagee and for all attorneys, counsel, agenta, clerka, servants and other employees by it properly engaged and anployed, Mortgagee shall app~y the monies arising as aforesaid, first, to the payment of the principal of the Note aecured hereby, and the interest thereon, when and as the same shall become payable and second, to the payment of any other s~s required to be paid by Mortgagor under this Mortgage. Section 2.04. In caee of proceedings by or 8gainst Mort- gagor in insolvency or bankruptcy or any proceedings for ~ts reorgani- zation or involving the liquidation of its aesets, then and in such case, Mortgagee shall be entitled to prove in said proceedimga the entire unpaid amount of principal and interest due upon the Note secured hereby to the full a~ount thereo~, and all other payments, charges and coata due under this Mortgage, without deducting there- fram any proceeda obtained from the sale of the whole or any part of the mortgaged property, provided, however, that in no case shall Mortgagee receive a greater amount than such unpaid principal and intereat and auch other paymenta, charges and costs fram the aggre- gage amount of the proceeds of the sale of the mortgaged property and the distribution from the estate of Mortgagor. Section 2.05. lhat Mortgagee shall have the right fram time to time to take action to recover any suns, whether interest, -13- b0~ f;4!'L ~ . WILLIAMS. 3ALOMON, KANNER 6 DAMIAN, ATTORNEYS AT L/~W, pupONT dU1~O1NG, MIAM1, FLORIDA ~i .x . _ . - . - - . . ~ .