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tained in any other instrument, document, agreement or other
writing, heretofore, concurrently herewith or in the future exe-
cuted by Mortgagor in favor of Mortgagee in connection with the
transactions resulting in the Indebtedness or any,part thereof.
(5) Appointm~nt of Receiver; Mortgagee may make application to
any court and be entitled to the appointment of a receiver to take
charge of the Premises or any part tbereof without a~leging or
proving, or having any consideration given to, the insolvency of
Mortgagor, the value of the Premises as security for the
Indebtedness or any other matter usually incident to the appoint
ment of a receiver. (6) U.C.C. Remedies: With respect to the
personal property and fixtures in which a security interest is
herein granted, Mortgagee may exercise any or all of the rights
accruing to a secured party under t~is Mortgage, the Uniform
CommerciaZ Code (FZorida Statutes, chapters 671-680) and any other
applicable law. Mortgagor shall, if Mortgagee requests, assemole
all such personal property and make it available to Mortgagee at a
place or places to be designated by Mortgagee, which shall be
reasonably convenient to Mortgagor and Mortgagee. Any notice
required to be given by Mortgagee of a public or private saie,
lease or other disposition of the personal property or any other
intended actian by Mortgagee may be personally delivered to
Mortgagor or mav be deposited in the United States mail witn
postage prepaid duly addressed to Mortgagor at the address of
Mortgagor last known to Mortgagee at least five (S) business days
prior to such proposed action, and shall constitute reasonable and
fair notice to Mortgagor of any such action.
All rights and remedie~ set forth above are cumulative
and in addition to any right or remedy provided for by statute, or
now or hereafter existing at law or in equity., including wi~hout
iimi*ation the right o€ Martgagee to collect or enforcp *_he
Indebtedness with or without taking any action with respect to
the Premises. Mortgagee may, at Mortgagee's election and at
Mortgagee's discretion, exercise each and every such right and
remedy concurrently or separately. -
ADDITIONAL PROVISIONS of this Mortgage, constituting
additional covenants and agreements by Mortgagor, are as follows:
(1) A~plicable Law: This Mortgage shail be governed by and
construed, interpreted and enforced in accordance with the laws of
the State of Florida. (2) Forbearance; Mortgagee shall not be
deemed to waive any of Mortgagee's rights or remedies hereunder
unless such waiver be in writing and signed by or on behalf of
Mortgagee. No delay, omission or forbearance by Mortgagee in
exercising any of Mortgagee's rights or remedies shall operate a~
a waiver of such rights or remedies, and a wai~~er in writing on
one occasion shall not be construed as a consent to or a waiver of
any right or any remedy on any future occasion. (3) Time: Time
is and shall be of the essence of this Mortgage and the covenants
and agreements by Mortgagor. (4) Captions: Any captions or
headings preceding the text of separate sections, paragraphs 3nd
sub-paragraphs hereof are solely for reference purposes and shall
not affect the meaning, construction, interpretation or effect of
the text. (5) Notices: All notices, requests, demands and other
communications hereunder shall be in wtiting and shall be deemed
to have been duly given (i) if personally delivered, or (ii) if
mailed in the United States mail, by certified mail with a return
receipt requested and with all postage prepaid, as follows: (a}
if to Mortgagor, delivered or addressed to Mortgagor at 55
Woodlake Road North, AZbany, New York 12203, or to such othez
address as Mortgagor may designate in writing to Mortgagee; and
(b) if to Mortgagee, delivered or addressed to Mortgagee at 1149
Woodlawn Drive, Marietta, Georgia 30067, or to such other address
as Mortgagee may designate in writing to Mortgagor. (6)
Severability: In the event that any of the terms, provisions or
covenants of this Mortgage are held to be partially or wholly
invalid or unenforceable for any reason whatsoever, such holding
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