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HomeMy WebLinkAbout0975 R ~ 2.12 Discontinuance of Proceedinqs; Position of Parties Restored. If Mortgagee shall have proceeded to enforce any right ! or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to Mortgagee, then and in every such case Mortgagor and Mortgagee ~ shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of Mortgagee shall continue as if no such proceeding had occurred or had been taken. 2.13 Remedies Cumulative. No right, power or remedy conferred upon or reserved to Mortgagee by this Mortgage is exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or or now or hereafter existing at law, in equity or by statute. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 Heirs, Successors, and Assiqns Included in Parties. whenEVer one of the parties hereto is named or referred to herein, the heirs, successors, assigns and, in the case of Trustee, successors-in-trust, of such party shall be included and all covenants and agreements contained in this Mortgage, by or on behalf of Mortgagor or Mortgagee, shall bind and inure to the benefit of their respective heirs, successors, assigns, and successors-in-trust, whether so expressed or not. 3.02 Addresses for Notices, etc. (a) Any notice, report, demand or other instrument authorized or required to be given or furnished under this Mortgage to Mortgagor or Mortgagee shall be deemed given or furnished when addressed to the party intended to receive the same, at the address of such party on the first page hereof, (with notices to Trustee being sent to the attention of "Corporate Trust Department", and notices to Bank being sent to the attention of "Senior Manager, Credit Administration, and a copy of each such notice ta be sent to The Toronto-Dominion Bank, U.S.A. Division, Park Avenue Plaza, 55 East 52nd Street, New York, New York 10055, Attention: Health Care Finance), and delivered at such address or deposited in the United States mail as first class certified mail, return receipt requested, postaqe paid, whether or not the same is actually received by such party. So long as any Bonds are outstanding, all notices to Mortgagee shall be given to both Trustee and Bank. Any notice shall be ~ -26- BOOK~~~ FAGE 9 ~5