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HomeMy WebLinkAbout1867 _ 1 those past due and unpaid as well as those accruing there- under. Mortgagee may apply all such rents, issues and profits collected or received by it in the manner herein- - above' specified in respect of proceeds of sale of the Mortgaged Property, or any part or all of such moneys may be released by Mortgagee at its sole option. The expense (including receivers' fees, if any, and compensation to any agent appointed by Mortgagee, and counsel fees and costs and disbursements) incurred in taking possession and - effecting such col-lection, shall be deemed a portion of the expense of this trust and be secured hereby. Neither the entering upon and taking possession of said property - `nor the collection of such rents, issues and profits and the application or release thereof as a aforesaid shall cure or waive any default or notice of default hereunder } or invalidate any act done pursuant to such notice. 13. In the event of a default in the payment of any sum evidenced by the Note or secured by this Mortgage or in the payment or~performance of any other oblig anion secured hereby or imposed by law, whether or not there - shall have been filed a omplaint to foreclose this mortgage, Mortgagee shall immediately and without notice be entitled to the appointment of a receiver to enter upon and take possession of the Mortgaged Property-(including, without limitation, all personal property encumbered hereby)-with the right and duty to manage,- operate, preserve and protect the Mortgaged Property and to collect- and account for the rents, earnings, issues, income and ~ profits thereof, with the usual power of receivers in such cases, any such receiver may be continued in possession of z the Mortgaged Property and in the collection of the rents, earnings, issues, income and profits of the Mortgaged Property during the pendency of any foreclosure suit,- and - Mortgagor hereby--specifically waives the right to _object to such appointment and consents that such appointment shall be made as an admitted-equity and as a matter of absolute right to Mortgagee and without reference to the ad uac or inade uac of the value or the occupancy of Y q Y so venc of the Mortgaged Property or to the solvency or in 1 y Mortgagor or any other- obligor under the Note or this Mort a e or an other art defendant to any such suit. 9 9_ Y P Y 14. That -any stock in a water or irrigation company endorsed to Beneficiary in connection with this transaction may be registered in the name of Mortgagee as pledgee, and held by either, as Beneficiary may - determine. Whether or not said stock be appurtenant to the above described land or any part thereof, and regard-- _ less of how said stock is registered or held, Mortgagor and Mortgagee agree that if .default be made in the .performance of any obliation secured hereby, Trustee may i sell said stock or any part thereof and any other shares of stock subject to this Mortgage, together with and at - the time of any foreclosure sale of the above described land or any part thereof. With respect to such sale of ~ said stock, Mortgagor hereby waives compliance with any t and all-statutory requirements concerning the-sale of f pledged property., and agrees that the provisions of law 7 BQ~K~~~ P~~~