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HomeMy WebLinkAbout1397 5. That the waiver of any default or breach of agreement, condition, covenant or warranty in this Mortqage and the indebtedness secured hereby shall not be construed as a waiver of any breach thereafter. 6. That all terms and conditions herein contained shall be binding upon and inure to the benefit of t2ie heirs, admini- strators, executors, successors and assigns of the parties hereto. DEFAULT AND FORECLOSURE It is aqreed that time is of the essence and upon default in the payment of any installment of said note or upon the violation of any aqreement, condition, covenant, or warranty contained in said note or in this Mortgage securing the payment thereof, or in the event of any foreclosure or other proceedinq to enforce any other lien or encumbrance against the Premises or in the event of any default in any other mortgaqe or other security device creatinq any lien against the Premises, or in the event the MORTGAGOR, its heirs and assiqns, makes an assiqnment for benefit of creditors or files a petition in bankruptcy, or is declared bankrupt in an involuntary bankruptcy proceedinq, or is in default on any agreement between the parties hereto, then at the option of MORTGAGEE or the holder of the note secured hereby, the indebtedness in full, including all payments of t~es, assessments, insurance premiums, liens, costs, expenses, attorney fees, and other payments herein specified, shall become and be due and payable without notice to ' MORTGAGOR and the mortgage lien evidenced hereby shall become immediately enforceable. Upon maturity of said indebtedness, whether in due course or upon acceleration as above provided, MORTGAGEE shall have the riqht to enter into and take possession of the Premises and ,~ collect the rents, issues and profits thereof; and the net income, after allowing a reasonable fee for collection thereof and for management of the Premises, may be applied to the -5- :~_~_~~_~_. ~ g~~x J`t5 PAGE 1395 ~~ Y:~.__,~:~-~