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84000053
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Last modified
11/18/2008 2:01:46 PM
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11/18/2008 1:59:52 PM
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84000053
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I <br />°~ °""" i)C~OQ53 <br />ARTICLE Izz <br />REMEDIES bF 21iE 1•Y3RTGAGEES AI3D NOTEHOLDERS <br />SECTION 1. If one or. more of the folloc,+ing events (hereinafter called <br />"events of default"} shall-happen, that is to-say: <br />(a) de£aule shall be made in the payment of any, installment of or <br />on' account of interest nn or principal of any note or notes when and as <br />the same shall be required to be made and such default"shall continue <br />fat thirty (30) days;. <br />(b) default shall be made in the due observance or performance of <br />any other of the representations, warranties, covenants, conditions or <br />agreements on the part of the Mortgagor in-any of the notes or in this <br />Mortgage or in the Consolidated Loan Agreement contained; and such default- <br />shall continue for a period of thirty (30) days after written notice speci- <br />fying such default and requiring the same to be remedied shall have been <br />given to the Mortgagor by any noteholder; <br />(c) the Mortgagor shall file a petition in bankruptcy or be <br />adjudicated a bankrupt yr insolvent, or shall make an assignment for the- <br />benefiC of its creditors, or shall consent to the appointment of a receiver <br />of itself or of its property, ar shall institute proceedings for its reorgan- <br />ization or proceedings instituted by others for its reorganization shall not <br />Se demised within thirty {30) days after the institution. thereof; <br />(d) a receiver or liquidator of the Mortgagor or of any substantial <br />portion of its gropertq shall be appointed and the order appointing such <br />receiver or liquidator shall not be vacated within thirty (30) days after <br />the entry thereof; <br />(e). the Mortgagor shall forfeit or otherwise be deprived of its <br />carpozate charter OT Franchises, gezmits or licenses required to carry <br />on any material portion of its business; or <br />(f1 a final judgment shall be ante red against the Mortgagor and <br />shall remain unsatisfied or without a stay in respect thereof for a <br />geriad of thirty {30) days; <br />then in each and every such case any noteholder may, by notice in writing co the <br />Mortgagor and delivery of a copy thereof to the other noteholders, declare all <br />unpaid principal of and accrued interest on any or all notes held by such note- <br />holder to be due and payable immediately; and upon any such declaration-all such <br />unpaid principal. and accrued interest sa declared to be due and payable-shall <br />become and be due and payable, iaeaedlately, anything contained herein or in any <br />note or Hates to the contrary notwithstanding; provided, however, that if at-any. <br />time-after the- unpaid principal of and accrued interest on any of-the notes shall <br />have been sa declared to be due add payable, all payments in respect of principal <br />and interest which shall have become due and payable by the terms of such note or <br />Hates snail be paid to the respective noteholders, and all other defaults-hereunder <br />and udder the Hates shall have been made good. or secured to the satisfaction of all <br />aF the noteholders, then add in every such case, the noteholder or noteholders who <br />shall have. declared the principal of and Interest on notes held by such noteholder <br />or noteholders to be due and payable may, by written notice to the Mortgagor and <br />delivery of a copy thereof to the-other noteholders, annul such declaration or <br />declarations-.and naive such default or defaults and the consequences thereof, but <br />no such xaiver shall extend to or affect any subsEquent default or impair any <br />right cansaquent thereon. <br />SFCTIC@I 2. If one 4r more of the events of default shall happen, the <br />holder ar holders of nat. less than a majority in principal amount of the notes, at <br />tfie~ time r~uta tending (hereinafter caned the "majority noteholders"), far itself <br />or-tliemselvaa, and as the-agent or agents of the ether noteholders., personally ar <br />ty attorney, its its 4r their discretiaa, may, insa€ar as Hat prohibited by is=,: <br />- _ 15 .. <br />~rsr+a - Or#g. Common RfA - TaL Rank -Msg. <br />21'r2 <br />
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