|
<br />83- ij~0~~~
<br />4.5 In the event Holder ever collects Rental, Holder
<br />shall be entitled to pay its agent as compensation for col-
<br />lecting such Rental, from sums so collected, a reasonable fee
<br />for such services which shall not be less than the normal and
<br />usual compensation charged by individuals in the business of
<br />performing such services, together with all actual expenses
<br />incurred in the collection of such Rental, and any portion of
<br />the Rental so paid as compensation and expenses for col-
<br />lecting such Rental shall not reduce the outstanding balance
<br />of the Secured Indebtedness.
<br />4.6 In the event any completed building, or any. part of
<br />any such building, that is a part of the Mortgaged Property
<br />is not occupied b_• Grantor or under a Lease for any period of
<br />thirty i30) consecutive days, Holder may take possession of
<br />such building, or part thereof, and rent the same upon such
<br />terms and conditions as Holder, in its opinion, deems proper.
<br />Article v--Miscellaneous
<br />5.1 If the Secured Indebtedness is paid and discharged
<br />in full in accordance with the terms of this Fortgage and the
<br />note and other instruments evidencing it, and if Grantor
<br />shall well and truly perform all of Grantor's covenants
<br />contained herein, then this conveyance shall become null and
<br />void and be released at Grantor's request a.^.d expense; other-
<br />wise, it shall remain in foil force and effect, provided that
<br />ro release hereof shall impair Grantor's warranties and
<br />indemnities contained herein.
<br />5.2 As used ir. this Article V, "Rights" means rights,
<br />remedies, powers and privileges, and "Liens" means titles,
<br />interests, liens and security interests. All Rights and
<br />Liens herein expressly conferred are cumulative of all other
<br />Rights and Liens herein, or by law or in equity provided, or
<br />provided in any ether security instrument executed by Gran-
<br />tor, aad shall not be deemed to deprive Holder of any such
<br />other legal or eeuitable Rights and Liens by judicial proceed-
<br />ings, or otherwise, appropriate to enforce the conditions,
<br />covenants and terms o_` this D°.ortgage, the note and other
<br />security instruments, and the employment of any Rights here-
<br />under, or otherwise, shall not prevent the concurrent or
<br />subsequent employment of any other appropriate Rights.
<br />S.3 Any provision herein, or in the note or any other
<br />document executed in connection herewith, or in any other
<br />agreement or commitment, whether taritter. cr oral, express or
<br />implied, to the contrary notwithstanding, no Holder shall in
<br />any event be entitled to receive cr collect, nor shall or may
<br />amounts received hereunder be credited, so that a Holder
<br />shall be paid, as interest, a sum greater than the maximum
<br />amount permitted by applicable law to be charged to the
<br />person, firm or corporation primarily obligated to pay the
<br />Secured Indebtedness at the time in cuestior.. If any con-
<br />struction of this Mortgage or the note, or any and all other
<br />papers, agreements or commitments, indicates a different
<br />right given to Holder to ask for, demand or receive any
<br />larger sum as interest, such is a mistake in calculation or
<br />slarding, which this clause shall override and control, it
<br />being the intention of the parties that this Mortgage, the
<br />note and all other instruments securing the payment cf the
<br />Secured Indebtedness shall in all things comply with appli-
<br />cable law, and groper adjustment shall automatically be made
<br />accordingly. In the event Holder aver receives, collects or
<br />applies as interest, any sum in excess of the maximum legal
<br />race, such excess amount shall be applied to the reduction of
<br />the unpaid prircipai balance of the Secured Indebtedness in
<br />-10-
<br />
|