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HomeMy WebLinkAbout0434 t 1 Property by any acts which may be unlawful or any violation of this Mortgage, (b) to preserve or protect its interest in the Mortgaged Property, and (c) to restrain tihe enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance with such enactment, rule or order might impair the security hereunder or be prejudicial to~Mortgagee's interest. 2.11 Proofs bf Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjust- ment, composition or other judicial proceedings affecting Mortgagor, any person, partnership or' corporation guaran- teeing or endorsing any of Mortgagor's obligations, its creditors or its property, Mortgagee, to the extent per- mitted by law, shall be entitled to file such proofs of- claim and other documents as may be necessary or advisable ' in order to have its claims allowed in such proceedings for the entire amount due and payable by Mortgagor under the Note, this Mortgage and any other instrument securing the Note, at the date of the institution of such proceedings, and for any additional amounts which may become due and payable by Mortgagor after such date. 2.12-Mortgagor to Pay the Note on Any Default in Pay- ment; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Note, this Mortgage or any other instrument securing the Note, then, upon Mortgagee's demand, Mortgagor will pay~to Mortgagee the whole amount due and ~ payable under the Note and all other sums secured hereby; and if Mortgagor shall fail to pay the same forthwith upon such demand, Mortgagee shall be entitled to sue for and to recover judgment for the whole amount so due and unpaid together with costs and expenses, including the reasonable compensation, expenses and disbursements of Mortgagee's agents, attorneys and other representatives incurred in , connection with such suit and any appeal in connection therewith. Mortgagee shall be entitled to sue and recover judgment as aforesaid either before, after or during the pendancy of any proceedings for the enforcement of this Mortgage, and the right of Mortgagee to recover such judg- ment shall not be affected by any taking, possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b)~ In case of a foreclosure sale of all o_r any part of the Mortgaged Property and of the application of the proceeds of sale to the payment of the sums secured hereby, Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid and to recover judgment for any portion thereof remaining unpaid, with interest. - (c) Mortgagor hereby agrees, to the extent permitted ~ by law, that no recovery of any such judgment by Mortgagee ~ and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in any way affect the lien of this Mortgage upon the Mortgaged Property. or any part thereof or any lien, rights, powers or remedies f 6 f r • f f -16- r Bt30K~ PAGE 4~~ s - ~ ~ i t MANONEY HAOIOW b AOAM5~1401 AMERIFIRST BUILDING, MIAMI,~FLORIOA 33131 TEa..t305) 358-5550 /'M