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then, in any such event, (1) the Trustees or two-thirds in
interest of the Beneficiaries may accelerate the maturity of
all of the Notes and (2) and any Noteholder may accelerate the
maturity of the Note held by it. In either such case the
unpaid principal amount of the accelerated~Note or Notes,
with accrued interest thereon, shall thereupon become
immediately due and payable. ,
No Event of Default (other than a failure to make
payment of money) shall be deemed to exist during any time
the curing thereof is prevented by Unavoidable Delays but
upon the cessation of such Unavoidable Delays , the Company
shall remedy such default witfiout further delay.
ARTICLE VIII ,
` 8. Remedies of Trustees in Case of Event of Default.
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~ 8.1. Legal Proceedings and Foreclosure. If an Event
~ of Default shall have occurred, a) such Event of Default ~
~ shall also be deemed a default under each of the Individual `
~ l~iortgages and (b) the Trustees may proceed by suit or suits ~
~ at law or in equity or by any other appropriate remedy (and '
~ may exercise any and all of the rights, powers and remedies ~
~ provided in the applicable Uniform Commercial Code) to protect
g and enforce their rights and/or the rights of the Beneficiaries ~
~ hereunder and under the Individual.Mortgages, whether for the ~
~ specific performance of any covenant or agteement contained ,
~ herein or therein, or for an injunction against the violation ~
~ of any of the terms hereof or thereof , or in aid of the exer- ;
~ cise of any, right, power or remedy available to them or the ?
~ IIeneficiaries, or to enforce the payment of the Notes, or to
~ foreclose the lien and/or security interest of this I'hdenture
and the Individual tiortgages as against all or any part of the
~ Properties and to have all or any part of the Properties sold
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under the judgment or decree of a court or courts of competent
~ jurisdiction, or otherwise. All righ ts of action under this
Indenture or under the Individual :~iortgages or in respect of ~
the Notes may be enforced by the Trustees without the posses- }
sion of any-of the Hotes and without the production thereof ~
= at any trial or other proceeding relative thereto. Any such ~ ~
suit or proceeding instituted by the Trustees shall be brought
in their names as Trustees or in the name of either of them
as Trustee and any recovery or judgment shall be for the pro
rata benefit of the IIeneficiaries.
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