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r <br />L <br />89-- 140858 <br />all such other remedies as may now or hereafter exist at law <br />or in equity for the collection of the Secured Indebtedness <br />and the enforcement of the covenants herein and the foreclo- <br />sure of the liens evidenced hereby, and the resort to any <br />remedy provided for by thin Mortgage or by any other,..sitcurity <br />now existing or. hdrea:ftei .:"` 1" en, .! ; irTp any-law, _ to ae r��.:.:?sr <br />enforce payment: of the �tii'_;��rteeisi�s�s.;.. .ix�Lsr�� . �r in <br />part, ahal'T nq prvai . i-:% :.rw : c:.:rf}it, tploy- :. <br />meat af" a iedy . �� , ; +'ss. o such <br />action slkt l' .'lam any wise m- � ds►nsiderec ;° °,' y ,;' A of <br />the irk glit:s� 3 eitefits or � liens euiclenced `b ;s_ ; ortgage or <br />by.:..Iny other seevri�ty. <br />(6) The word ".Lease,' as used herein, shall mean <br />any lease,'sublease or other agreement under the terms--of <br />which any person other than Mortgagor has or acquires any <br />right to occupy or use the Mortgaged Property,,,or any part <br />thereof. or interest therein; and the word "Lassie", as.used <br />herein, shall mean the lessee, sublessee, tenant'or other <br />person having the right to occupy or use a part of the Mort- <br />gaged Property under a Lease. <br />(9) Nothing herein shall ever be construed as <br />subordinating this Mortgage to any Lease; provided, haVever, <br />that any proceedings by Mortgagee to'foreclose this Mortgage, <br />or any action by way of his entry into possession after an <br />Event of Default, shall not operate to terminate any Lease <br />which has been approved in writing by Mortgagee, and Mortgagee <br />will not cause any Lessee under any such approved Lease to <br />be disturbed in his possession and enjoyment of the leased <br />premises so long as such Lessee shall continue to fully and <br />promptly perform all of the terms, covenants and provisions <br />of his Lease. <br />(10) In the event any completed building, or part <br />of any such bui.ldzTYgr, that is a part of the Mortgaged Property <br />is not occupied by Mortgagor or under a Lease for any period <br />of thirty (30) consecutive days, Mortgagee may take possession <br />of such building, or part thereof, and rent the same upon <br />such terms and conditions as Mortgagee, in his opinion, deems <br />proper. <br />(11) If the Secured Indebtedness is paid and dis- <br />charged in full in accordance with the terms of this Mort- <br />gage and the Note and all other instruments evidencing the <br />Note, and if Mortgagor shall well and truly perform all of <br />Mortgagor's covenants contained herein, then this conveyance <br />shall become null and void and be released at Mortgagor's <br />request and expense; otherwise, it shall remain in full <br />force and effect, provided that no release hereof shall <br />impair Mortgagor's warranties and indemnities contained <br />herein. <br />(12), The.word "Rights ", as used Herein, shall mean <br />rights, remedies, powers and privileges, and the word "Liens ", <br />as used hei;ein, ~hall mean titles, interests, liens and secur- <br />ity interests. All Rights and Liens herein expressly conferred <br />are cumulative of all other Rights and Liens herein, or by <br />law or in egtri'ty provided, or provided in any Other Security. <br />Instrument executed by Mortgagor, and shall not be deemed to <br />deprive Mortgagee of any such other legal or equitable rights <br />and liens by judicial pF ceedings, or otherwise, appropriate <br />to enforce the conditions, covenants and terms of this Mort- <br />gage, the Note and any Other Security Instruments, and the <br />employment of any Rights hereunder, or otherwise, shall not <br />prevent the concurrent or subsequent employment of any other <br />appropriate Rights. <br />-11- <br />`4% . <br />I 4f <br />�.l;1 <br />.. <br />