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HomeMy WebLinkAbout0433 . t i i - purchase price required to be paid in cash and for the costs and expenses of the sale, compensation and other. charges, in paying the purchase price apply any portion of or all sums due to Mortgagee under the Note, this Mortgage or any other instrument securing the Note, in lieu of cash, to the amount which shall, upon distribution of the net praceeds of such sale, be payable thereon. 2.08 Waiver of Appraisement, Valuation, Stay, Exten- sion, and Redem tion L-aws. Mortgagor agrees to the full extent permitted by aw that in case of a default ,on its part hereunder, neither Mortgagor nor anyone claiming ~ through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, exten- sion or redemption laws-now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of-the Mortgaged Property or the final and absolute putting into possession ther-eof, immediately after such sale, of the purchasers thereat, and ~ Mortgagor, for itself and all who may at any .time claim ~ through or under it, hereby waives, to the full extent that ; it may lawfully so do,.the benefit of all such laws, and any and all right to have ,the assets comprising the Mortgaged Property marshalled upon any foreclosure of the lien hereof and agrees that Mortgagee or any court having jurisdiction } to foreclose such lien may sell the Mortgaged Property in part or as an entirety. 2.09 Receiver. If an Event of Default shall have oc- curred, Mortgagee, to the extent permitted by law and - without regard to the value or occupancy of the security, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take posses- sion of the Mortgaged Property and to collect all rents, revenues, issues, income, products and profits thereof and apply the same as the court may direct. The receiver shall have all rights and powers permitted under the Taws of the state where the Land is located and such other powers as the { court making such appointment shall confer.- The expenses, including receiver's fees, attorney's fees, costs and agent's compensation, incurred pursuant to the powers herein contained shall be secured by this Mortgage. The right to enter and take possession of and to manage and operate the ~ Mortgaged Property, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be cumulative to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. Mortgagee. shall be liable to account only -for such rents, issues and profits actually . received by Mortgagee, whether received pursuant to this .paragraph or paragraph 2.03. Notwithstanding the appoint- went of any receiver or other custodian, Mortgagee- shall be entitled as pledgee to the possession and control of any cash, deposits, or instruments at the time held by, or -payable or deliverable under the terms of this Mortgage to, Mortgagee. - 2.10 Suits to Protect the Mortgaged Property. Mort- gagee shall have the power and authority to institute and maintain any suits and proceedings as Mortgagee may deem advisable (a) to prevent any impairment of the Mortgaged i s f i -15- i e~~ PEE 433 Mn?M ONEI/ HAOLOW 6 ROAM 5, 1401 AMERIFIRST BUILDING, MIAMI, FLO RIOA 33131 TE~.(305) 358-5550 ~l^r ' 1 . - -