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<br />88- 106258 <br /> <br />sales, and the exercise of any of the rights, privileges and <br />options hereby granted, Any holder of the Secured Indebtedness <br />shall have the right to become the purchaser at any such sale. <br /> <br />(4) The proceeds of any foreclosure sale hereunder <br />shall be applied: First, to the payment of all necessary <br />costs and expenses incident to such foreclosure sale, including, <br />but not by way of limitation, all court costs and charges of <br />every character in event foreclosure is by suit; Second, to <br />the payment in full of all indebtedness secured hereby in <br />such order as Mortgagee may elect; and Third, the remainder, <br />if any, shall be paid to Mortgagor or its successors, repre- <br />sentatives, heirs or assigns. <br /> <br />(5) In the event of a foreclosure hereunder, either <br />through judicial proceedings or in exercise of Mortgagee's <br />power of sale, Mortgagee shall have discretion and control <br />as to whether the Mortgaged Property shall be sold as an en- <br />tirety or in separate parcels and tracts, and Mortgagee's <br />judgment shall be final as to such question, Mortgagor and <br />all entities hereafter claiming by, through or under it, or <br />who may at any time hereafter become holders of liens junior <br />to the lien of this Mortgage, hereby specifically waive and <br />release all right to have any or all of the Mortgaged Prop- <br />erty marshalled upon any foreclosure or other enforcement of <br />the terms hereof. To the full extent 'permi tted by law, Mort- <br />gagor waives any and all rights of redemption. <br /> <br />(G) Upon the occurrence of an Event of Default <br />hereunder or under the Note, Mortgagee may, at its option, <br />in addition to any and every other remedy, do anyone or more <br />of the following: <br /> <br />(A) Enter upon and take possession of the Mortgaged <br />Property and remove the fixtures or personal property <br />or any part thereof, with or without judicial process, <br />and, in connection therewith, without any responsibility <br />or liability on the part of Mortgagee, take possession <br />of any property located on or in the Mortgaged Property <br />which is not a part of the Mortgaged Property and hold <br />or store such property at Mortgagor's expense; <br /> <br />(B) Require Mortgagor to assemble that portion of <br />the Mortgaged Property that is fixtures or personal <br />property or any part thereof, and make it available to <br />Mortgagee at a place to be designated by Mortgagee which <br />is reasonably convenient to Mortgagor and Mortgagee; <br /> <br />(C) After notification, if any, hereafter provided <br />in this Subsection (G) (C) of Article IV, sell, lease, <br />or othe~ise dispose of, at the address of Mortgagee, <br />all or any part of the Mortgaged Property constituting <br />fixtures or personal property in its then condition, or <br />following any commercially reasonable preparation or <br />processing, and any such sale, lease, or other disposi- <br />tion made pursuant to this Subsection (G)(C) of Article IV <br />(hereinafter referred to as a "Sale") may be as a unit <br />or in parcels. by public or private proceedings, and by <br />way of one or more contracts, and, at any Sale, it shall <br />not be necessary to exhibit such fixtures or personal <br />property, or part thereof, being sold, The Sale of any <br />part of such fixtures or personal property shall not <br />exhaust Mortgagee's power of sale, but Sales may be made <br />from time to time until the Secured Indebtedness is paid <br />and performed in full. Reasonable notification of the <br />time and place of any public Sale pursuant to this SUb- <br />section (G)(e) of Article IV, or reasonable notification <br />of the time after which any private Sale is to be made. <br />pursuant to this Subsection (G) (C) of Article IV shall <br /> <br />-8- <br /> <br />~ <br />