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the principal or interest, or both, hereby secured; in and
for that purpose Mortgagor hereby assigns to Mortgagee all
rentals due and to become due under any Lease or rights to
use and occupation of the Mortgaged Property now or hereafter
created, as wel-1 as all rights and remedies provided in such
Lease or Leases or at law or in equity for the collection of
the rentals. Mortgagee shall be entitled to the appointment
of a receiver of all the rents, issues and profits, as a
matter of strict right, regardless of the value of the
Mortgaged Property and the solvency or insolvency of -Mort-
gagor and other persons liable to pay such indebtedness.
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 that the same may be done without
notice to the Mortgagor.
(c) Mortgagee shall have the right, from time
to time, to bring an appropriate action to recover any sums
required to be paid by Mortgagor under the terms of this
Mortgage and/or the Note, as they become due, without regard
to whether or not the principal indebtedness evidenced by
the Note or any other sums secured by this Mortgage shall be _
•due, and without prejudice to the right of Mortgagee there-
after to bring an action of Mortgage foreclosure, or any
other action, for any default by Mortgagor existing at the
time the earlier action was commenced.
(d) Any real estate sold pursuant to this ~
Mortgage or pursuant to any judicial proceedings under .this f
Mortgage or the Note may be sold in one parcel, as an en-
tire-ty,•or in such parcels and in such manner or order as }
j Mortgagee, in its sole discretion, may elect.
(e) Mortgagee shall have the right to set off -
all or any part of any amount due from Mortgagor to Mortgagee -
under the Note, this Mortgage or otherwise, against any
indebtedness, liabiiities or obligations owing by Mortgagee
for any reason and in any capacity to Mortgagor, including-
any obligation to disburse to Mortgagor or its designee any
funds or other property on-deposit with or otherwise in the
possession, control or custody of Mortgagee. s
25. Rights and Remedies Cumulative.-
- _ (a) The rights and remedies of Mortgagee
as provided in this Mortgage, in the Note, in the
Construction Loan Agreement and in the other documents
securing the Note shall be cumulative and concurrent,-may
be pursued separately, successive-ly or together against
Mortgagor or- against the Mortgaged Property, or both, at
the sole discretion of Mortgagee, and may be exercised as
often as occasion therefor shall arise. The failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
(b) Any failure by Mortgagee to insist upon
strict performance by Mortgagor of any of the terms and
- provisions of this Mortgage or of the Note shall not be -
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