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HomeMy WebLinkAbout1552 Dy suit or suits at law or in equity or by any other appropriate proCeeding or remedy: (a) to enforce payment of the Note or the performance of any term hereof or any other right; (C) to fo~eclose Lhis Mortgage and Lo sell~ in it~ entirety or in separstE 7ots ar p~rcels, the Mortgaged Property, under the ~udgment or decrea of a aourt or eourt~ of oo~petent ~urisdi~tion; and (c) to pursue a~y other re~edy available to it. Mortgagee shall take action either by auch proceedinga or by the exereise o£ it~ poWers with respeet Lo entry or taking possession, or both~ as the Mortgagee ~ay determine. 2.0~ Proceeda of Forecloeure. In the event Lhe Mortgaged Property or any portion theroof shall be soid in forealosure proceed~ngs or other proceedings that may be authorized by law, the proceeds of such aale ehal~ De applied as folloWS: first~ to the payment of all expense~ incurred hereunder, in~lu4ing reasonable attorney's fees, as may be necessary for t~e collection of the Secured Indebtedneas or aoy part Lhereof and the foreclosure of this Mortgage; eecond~ to the paymenL~ With interest as provided herein~ of whatever ~um or sums Mortgagee may have paid or become liable to pay in carrying out the ob3ects, terms and stipulations of this Nortgage, including specifically, Without limitation~ sums paid Por taxes end insurance; Lhird, ~o the payment and satisfaction of Lhe Secure4 Indebtedness; and the balance~ i~ any~ being peyable to ~ Mortgagor or to sueh other person or entity who shall by law be entitled to su~h balance. 2.OS Leases. Mortgagee, at its option~ 1s authorized to ~ foreclose this Mortgage, sub~ect to the right~ of any Lenants : of the Mortgaged Property~ and the failu~e to make any such tenants parties defendant to any such forecloaure pro~eedings ' and to forec2ose their rights will ~ot be~ nor be asserted by ~ Mortgagor to be~ a defense to any proceedings instituted by ~ Mortgagee to collect the Secured Indebtedness or ~o collect any I deficiency remaining unpaid after the foreclosure sale of Lhe i MortgageG Property. ~ ; 2.06 Purchase bY Mortga,R,ee. Upon any sueh foreclosure ; sale~ Mortgagee may bid for and purehase the MortgageC Property i ane, upon eompliance with the terms ot sale and applicable law, ` may hold~ reCain and possess and dlspoae of such property in its own absolute right without further accountabi.lity to ~ Mortgagor. 0 ~ 2.07 waiver of Appraisement.,,~Valuetion, Stay, ~xtension ~ and Redem tion LaWS. Mortgagor agr'Qea to the full extent ; permitted y!aw that in ease of a defeult on l~ts part § hereunder~ neither Mortgagor nor anyone ela~ming through or ~ ~ under it shall or will set up~ e12t~m or aeek to take advantage ~ of any appraisement, valuation, stay~ extension or re4emption larr9 now or hereafter in foree, in order to prevent or hinder the enforcement or foreclosure of thi~ Mortgage, or the absolute aale of the Mortgaged Property or the fin~l and abso~ute putting into possesaion thereof, immediately at'ter ~ 9uch sale, of the purehasera thereat, and Mortgagor, Por itaelf and ali Who may at any tiroe alaim through or under itt hereby ~ Waives~ to the tull extent that it rody l~wfully ao do, t~e benefit ot aIl auoh lawa, and any and all ri~ht to havo the assete compri~ing the Mortgaged Prvperty marahal~ed upon any : foreoloaure of the lien hereot and ngreee t:~at Mortgagee or any ~ eourt havl.ng ~uriad~.otion to roreoloas sueh lien msy ~eil the ~ MortgageC Property in part or aa dn entirety. ~ ~ ~ ~ -10- ~ S f t gooK674 ~~1552 ~ ~ - ~ - ~ . r_ z ~ ~..~~,~~~~=1,