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not be discharged or dismissed within sixty (60) days after
the date of which such petition was filed= or
(h) if final judgment for the payment of money shall be
rendered against Mortgagor and Mortgagor shall not discharge
the same or cause it to be discharged within sixty (60) days
from the entry thereof, or shall not appeal therefrom or from
the order, decree or process upon which or pursuant to which
said judgment was granted, based or entered, and secure a
stay of execution pending such appeal; or
(i) i€ it shall be illegal for Mortgagor to pay any tax
referred to in Section 1.08 hereof or if the payment of such
tax by Mortgagor would result in the violation of the usury
laws of the state in which the Premises are located; {
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then, and in any of such events, the aggregate sum mentioned in
the Note secured hereby, less previous payments, if any, and any ;
and all sums mentioned herein or secured hereby shall .become due
and payable forthwith or thereafter at the continuing option of
Mortgagee as fully and completely as if said aggregate sums were
originally stipulated to be paid at such time, and Mortgagee shall
be entitled thereupon or thereafter without notice or demand to
institute suit to enforce the rights of Mortgagee hereunder or
under the Note secured hereby or any other security instruments
executed and delivered by Mortgagor to Mortgagee. In the event of
any default or breach on the-part of Mortgagor. hereunder or under
the Note secured hereby, or any security instrument, Mortgagee j
shall have the continuing option to enforce payment of all sums -
secured hereby by action at law or ,by suit in equity to foreclose 4
this Mortgage, either or both, concurrently or otherwise, and one
action or suit shall not abate or be a bar to or a waiver of
Mortgagee's rights to institute or maintain the other, provided
Mortgagee shall have only one payment in satisfaction of the
indebtedness secured hereby.
Section 2.02: (a) It is further convenanted and agreed
by the parties that, in the event of a suit being instituted to
foreclose this Mortgage, Mortgagee shall be entitled to apply at
any time pending such foreclosure suit to the court having
jurisdiction thereof for the appointment of a receiver of all and
singular the mortgaged properties, and of all rents, incomes
profits, issues and revenues thereof, from whatsoever source
derived; and thereupon it is herebyy expressly covenanted and
agreed that the court shall forthwith appoint such receiver with
the usual powers and duties of receivers in like cases; and said
appointment shall be made by the court as a matter of strict right
to Mortgagee, and without reference to the adequacy or inadequacy
of the value of .the properties hereby mortgaged, or to the ~ -
solvency of Mortgagor or any other party defendant to such suit.-
Mortgagor hereby specifically waives the right to object to the.
appointment of a receiver as aforesaid and hereby expressly
consents that such appointment shall be made as an admitted equity
and as a matter of absolute right to Mortgagee.
(b) To-the extent that it may lawfully do so, Mortgagor
will not at any time insist-upon, or plead, or in any manner
whatever claim or take any benefit or advantage of arty stay or
extension or moratorium law, or any exemption from execution or
sale of the mortgaged properties or any part thereof, wherever
enacted, now or at any time hereafter in force, which may affect
the covenants and terms of performance of this Mortgage, nor
claim, take or insist upon any benefit or advantage of any law now
or hereafter in force providing for the valuation or appraisal of
the mortgaged properties, or any part thereof, prior to any sale
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BOOK 314 P~~E 2012 - e
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