Laserfiche WebLink
86-101708 <br />(d) An assignment by Mortgagor or any other maker <br />of the obligation for the benefit of creditors; or <br />I (e) If Mortgagor or any other maker of the <br />Obligation, or any of their successors in interest or assigns, <br />shall either transfer, assign, sell, convey, or alienate the <br />Property, or any part thereof or any interest therein, without <br />the written permission of Bank first had and received, or be <br />divested of title in any manner, whether voluntarily or involun- <br />tarily. <br />13. Upon the occurrence or continuance of any event of <br />default, Bank shall have the following rights and remedies which <br />shall be cumulative and which may be exercised with or without <br />notice, and which may be exercised separately, independently, or <br />concurrently, and more than once and in any order, and without <br />any election of remedies to be deemed made, and without affecting <br />the right of Bank to exercise any other remedy hereunder or which <br />Bank may have in law, and without regard to other remedies then, <br />theretofore, or thereafter pursued or being pursued: <br />(a) to declare any or all of the Obligation imme- <br />diately due and payable; <br />(b) to take immediate possession, management, and <br />control of the Property without having a receiver appointed <br />therefor, and to repair and maintain the same at the expense of <br />Mortgagor, and to perform such acts thereon or in connection <br />therewith as Bank may deem necessary or desirable; <br />(c) to collect and receive any and all rents, <br />income, and profits from the Property, and to apply the same to <br />the Obligation in any manner or to the repair or maintenance or <br />the Property, or both; <br />(d) to obtain from any court or competent juris- <br />diction upon ex parte application (either before or during any <br />foreclosure proceeding or any redemption period thereafter) and <br />without notice, notice being hereby expressly waived, the <br />appointment of a receiver for the Property, and to have such <br />receiver appointed as a matter of right without regard to the <br />solvency of any person, the adequacy of any security, or the <br />existence of waste, and to have sums received by such receiver, <br />after deducting and paying costs and expenses of such <br />receivership, including the reasonable attorneys' fees of Bank, <br />applied to the Obligation in such manner and order as Bank may <br />request; <br />(e) to institute proceedings for the complete or <br />partial foreclosure of this Mortgage through the courts, to the <br />extent permitted and pursuant to the procedure provided by appli- <br />cable law; <br />(f) to sell for cash or upon credit the Property <br />or any part thereof and all estate, claim, demand, right, title, <br />and interest of the Mortgagor in the Property and rights of <br />redemption thereof, pursuant to power of sale or otherwise, at <br />one or more sales, as an entity or in parcels, at such time and <br />place, upon such terms and after such notice as may be required <br />or permitted by law, and in the event of a sale, by foreclosure <br />or otherwise, of less than all of the Property, this Mortgage <br />shall continue as a lien on the remaining portion of the <br />Property; <br />(g) to institute an action, suit, or proceeding in <br />equity for the specific performance of any covenant, condition, <br />Lor agreement contained in this Mortgage or in the obligation; <br />(h) to recover judgment on the Obligation either <br />before, during, or after any proceedings for the enforcement of <br />this Mortgage; or <br />