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.
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; 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.
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~ 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. ~
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