F
<br />A
<br />8 7- 100467
<br />14. Mortpgot hereby agrees that the premises constitute a single economic unit and in the event of foreclosure and
<br />sale th; premises shall be offered for sale as a single economic unit and not in parts or parcels.
<br />15. if default be made in the payment of the aforesaid promissory note, or any part thereof, or any other sums due in
<br />accordance with the term hereof, or in the performance of any of the covenants, terms or conditions herein contained, or
<br />in any securing agreement aforedescribed, time and the exact performance of each and all of Mortgagors covenants
<br />and obliptiau being material and of the essence hereof, then, on the happening of any one or more of such defaults,
<br />or at any time during the continuance of any such defaults, the entire principal sum then remaining and all interest ac-
<br />crued tberoon shall, at the election of the Mortgagee, and without notice of such election, at once become due and pay-
<br />able, anything in said ante or herein contained to the contrary notwithstanding, and thereupon Mortgagee shall have the
<br />right to immediately foreclose this mortgage and shall have all other rights and remedies that law and equity provide.
<br />16. In the event that Mortgagor makes an assignment for the benefit of creditors, a receiver is appointed for the Mort-
<br />gagor or for all or any part of the premises, or if Mortgagor files a petition or institutes proceedings in bankruptcy or is ad-
<br />judicated a bankrupt under any state law for the relief of debtors or under the bankruptcy laws of the United States, or
<br />If any of the foregoing shall happen to any co -maker or guarantor of the promissory note secured hereby, or if any
<br />conveyance, sale, transfer or change of ownership of the premises should occur without prior written consent of Mort-
<br />gagee, then, or at any other time thereafter, the whole of the aforesaid indebtedness and all other sums secured by this
<br />at the lion of t Mortgage and agreement
<br />otgageet hall becentitledto declare this mortgage ttoobeein due and default. The acceptance
<br />of of one or more payments on the indebtedness or any sums. secured by this mortgage made by anyone other than the
<br />Mortgagor prior to confirmation of foreclosure sale shall not constitute Mortgagees waiver of its right to accelerate the
<br />maturity of the aforesaid indebtedness and all other sums secured hereby.
<br />17. Covenants, conditions and terms herein contained shall bind, and the benefits and advantages shall inure to, the
<br />respective successors and assigns of the parties hereto. The term "Mortgagor" shall include the original Mortgagor, its suc-
<br />cessors and assigns, and any future owner of the mortgaged premises. Whenever used herein, the singular number shall
<br />include the ylural, the plural shall include the singular, any gender used shall be applicable to all genders, and the term
<br />"Mortgagee shall include the payee of the promissory note hereby secured or any holder, transferee or endorsee there-
<br />of, whether by operation of law or otherwise.
<br />18. In the event of default in the performance of any of the terms, conditions or provisions of this mortgage or any other
<br />securing agreement now or hereafter given in connection with the loan secured hereby, Mortgagee shall be entitled to
<br />the immediate possession of the mortgaged premises, together with all rents, issues and profits to be derived therefrom
<br />until the indebtedness secured is fully paid; but Mortgagee shall, in no case, be liable for the failure to procure tenants,
<br />to collect rents, or to prosecute actions to recover possession of said premises. In addition to the foregoing remedy, after
<br />the happening of any default under any of the foregoing, and during the continuance of any such default, or upon the
<br />commencement of any proceedings to foreclose this mortgage, or to enforce the specific performance hereof, or in aid
<br />thereof, or upon the commencement of any other judicial proceeding to enforce any right of the Mortgagee hereunder or
<br />under any such securing agreement, Mortgagee shall be entitled, as a matter of strict right, if Mortgagee shall so elect, with-
<br />out the giving of notice to any party and without regard to the adequacy or inadequacy of any security for the mort-
<br />gage indebtedness of the solvency or insolvency of Mortgagor, either before or after declaring the unpaid principal of the
<br />note to be dote and payable, to the appointment of a receiver for the mortgaged property.
<br />19. No remedy conferred upon or reserved to Mortgagee in this mortgage or any other securing agreement is in-
<br />tended to be exclusive of any other remedy or remedies (and each and every such remedy shall be cumulative, and shall
<br />be in addition to every other remedy given hereunder, or now or hereafter) existing, at law, in equity or by statute. No
<br />delay or omission of Mortgagee to exercise any right or power accruing upon any default shall impair any such right or
<br />power, or shall be construed to be a waiver of any such default,-or an acquiescence therein; and every power and remedy
<br />given by this mortgage to the Mortgagee may be exercised from time to time as often as may be deemed expedient to
<br />Mortgagee.
<br />20. This mortgage, the rights of the Mortgagee and the aforesaid promissory note hall be construed and enforced ac-
<br />0 cording to the laws of the State of
<br />Provided, always, that whenever Mortgagor shall have fully paid the aforesaid promissory note secured hereby and
<br />all interest thereon and all other sums secured hereby and secured by any securing agreement given in connection with this
<br />loan and shall have well and truly performed all and singular the covenants and agreements herein provided, then all
<br />such covenants and agreements shall cease and determine, but not otherwise, and Mortgagor shall be entitled to a release
<br />of the lien of this mortgage.
<br />IN WITNESS WHEREOF, the foregoing Mortgage has
<br />been executed on the day and year first above written.
<br />GG PBrEERSON
<br />CINDY 179MRSON
<br />
|