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HomeMy WebLinkAbout1153 • ~ ~ - - 24. Remedies. - (a) Upon the happening of any Event of De- fault, this conveyance shall become absolute and the entire unpaid balance of the principal, the accrued interest and all other sums secured by this Mortgage shall become immedi- ately due and payable, at the option of Mortgagee, without notice or demand except as provided in Paragraph 6 hereof. (b) When -the entire indebtedness shall become due and payable, either because of maturity or because of the occurrence of any Event of Default, or otherwise, then forthwith: - - f (i) Foreclosure. Mortgagee may in- - stitute an action to foreclose this Mortgage, or take such other action at law or in equity for the enforcement of this Mortgage and the realization on the mortgage-security or any other security herein or elsewhere provided for, as the law may allow, or may sue on the Note or any guaranty with or without instituting an action to foreclose this Mortgage, and may proceed therein to final judgment and execution for the entire unpaid balance of the principal debt, with interest at the rate stipulated in the Note to the date of default, and thereafter at a rate which shall be four percent (4$) higher than the rate specified in the Note,- together with all other sums payable by Mortgagor in accord- ance with the provisions-of the Note and this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, water or sewer rents, charges or claims, payments on prior liens, insurance or repairs to the Mortgaged Property, all cosh-o€ suit, together with interest at such rate on any judgment obtained by Mortgagee from and after the date of any foreclosure sale until actual payment is made to ! _ Mortgagee of the full amount due Mortgagee, and reasonable - attorneys' fees through and including all-appellate levels; l or Mortgagee may foreclose as to the sum past due with inter- ~ est and costs, as above provided, without the displacement or impairment of the remainder of the lien of this Mortgage, and at such foreclosure sale t_he Mortgaged Property shall be sold subject to all remaining items of indebtedness; and Mortgagee may again foreclose, in the same manner, as often as there may be any sum past due; or (-ii) Possession. Mortgagee may enter - into possession of the Mortgaged Property, with or without - legal action; collect therefrom-all rentals (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expenses, - apply the net rentals to any- or all of the following i-n such order and amounts as Mortgagee, in Mortgagee's sole discre- tion, may elect: the payment of taxes, water and sewer rents, charges and claims, insurance premiums and all other carrying charges, and to the maintenance, repair or restoration of the Mortgaged Property, and on account and in reduction of -17- ao~i~ P~GE~~.3