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HomeMy WebLinkAbout1074 Section 2.04. In case of proceedings by or against Mortgagor in insolvency or bankruptcy or any proceedings for its reorganization or involving the liquidation of its assets, then and in such case, Mortgagee and for all attorneys, counsel, agents, clerks, servants and other employees by it properly engaged and employed, mortgagee shall be entitled to prove in~said proceedings the entire unpaid amount of principal atid interest due upon the Note secured hereby to the full amount thereof, and all other payments, charges and costs due under this Mortgage, without deducting therefrom any proceeds obtained from the sale of the whole or any part of the mortgaged properties, provided, however, that in no case shall Nbrtgagee receive a greater amount than such unpaid principal and interest and such other payments, charges and costs from the aggregate amount of the proceeds of the sale of the mortgaged properties and the distribution from the estate of irbr tgagor . Section 2.05. That Mortgagee shall have the right from~ time to time to take action to recover an~- sums, whether interest, principal, or any installment of either, or any other sums re- quired to be paid under the terms of this Mortgage, as the same become due, without regard to whether or not the principal sum secured, or any other sums secured, by the Note secured hereby and this Mortgage shall be due, and without prejudice to the right of Mortgagee thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Mortgagor existing at the time such earlier action was cor.unenced. No remedy conferred upon or reserved to Mortgagee herein, or in the Note secured here- by is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall Ue in addition to every other remedy given to Mortgagee now or here- after existing at law or in equity or by statute. No deiay or omission of.Mortgagee to exercise any right or power accruin~ upon any Event of Default herein, or in the iVote secured hereby, shall impair any such right or power, or shall be construed to-be a waiver of any such Event of Default or an acquiescei~ce therein; and every power and remedy given by this ~iortga~e, or in the Note secured hereby, to Mortgagee may be exercised from time to time as often as may be deemed expedient by Mortgagee. tdothing in this t•fortgage or in the Note secured hereby shall affect the obligation of hbrtgagor to pay the principal of, and interest on, the Rote secured hereby in the manner and at the time and place herein re- spectively expressed. - Article III ~~iscellaneous Sec`ion 3.01. Mortgagee rnay, at its option, and without waiving its right to accelerate the indebtedness hereby secured and to foreclose the same, pay eithe~ before or after delinquency any or all of those certain obligations required by the terms hereof to be paid by Mortgagor for the protection of the irSortgage security er for the collection of the indebtedness hereby secured. ' All sums so advanced or paid by ~tortgagee shall be repaid by Mort- yagor to :~irtgagee within fifteen ( 15) days after demand by N'.ort- gagee to tllortgagor for said payment, and the amount of the sum so advanced shall bear interest at the maximum rate permitted by law, and said sums shall be secured by the lien for this tiiortgage. . Section 3.02. Any failure by Mortgagee to insist upon the strict performance by rbrtgagor or any of the terms and provi- -12- ~~,"x34~ `~~~1072