|
<br />88- 106258
<br />
<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 this Mortgage or by any other secur.ity
<br />now existing or hereafter given or by any law to secure or
<br />enforce payment of the Secured Indebtedness, in whole or in
<br />part, shall not prevent the concurrent or subsequent employ-
<br />ment of any other appropriate remedy or remedies, and no such
<br />action shall in any wise be considered a waiver of any of
<br />the rights, benefits or liens evidenced by this Mortgage or
<br />by any other security,
<br />
<br />(8) 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 "Lessee", 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 />
<br />(9) Nothing herein shall ever be construed as
<br />subordinating this Mortgage to any Lease; provided, however,
<br />that any proceedings by Mor"gagee 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 />
<br />(10) In the event any completed building, or part
<br />of any such building, 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 />
<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 con"ained 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 />
<br />(12) The word "Rights", as used herein, shall mean
<br />rights, remedies, powers and privileges, and the word "Liens",
<br />as used herein, shall 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 equity 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 proceedings, 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 othe-r
<br />appropriate Rights.
<br />
<br />-11-
<br />
<br />./4~
<br />
|