Laserfiche WebLink
$4 d-. „~i0053 <br />(a) take immediate possession of the Mortgaged Property, collect <br />and receive all credits, outstanding accounts and bills- receivable of <br />the Mortgagor and all rents, income, revenues and profits- pertaining <br />to or arising-from the Mortgaged Property, or any part thereof, and <br />Issue binding receipts therefor; and manage, control and operate the <br />Mortgaged Property as fully as the Mortgagor might do if in possession <br />thereof, including, without limitation, the making of all rapaira or <br />replacements deemed necessary or advisable; <br />(b) proceed to protect and enforce the rights of the Mortgagees and <br />Che rights of the noteholder or noteholders under this Mortgage by suits- <br />or actions in equity or at law in any court or courts of competent juris- <br />diction, whether for specific performance of any covenant or.anp agreement <br />contained herein or in aid of the execution of any power herein granted or <br />for the foreclosure hereof or hereunder or for the sale of the Mortgaged <br />Property, or any part thereof, or to col7.ect the debts hereby secured or <br />for the enforcement of such ocher or additional appropriate legal or equit- <br />a61e remedies as may be deemed most effectual to protect and enforce the <br />rights and remedies herein granted or conferred, and in the event of the <br />institution of any such action or suit the noteholder or noteholders ins ti- <br />tuting such action or suit shall have the right to have appointed a receiver <br />of the Mortgaged Property and of ail rents, income, revenues and profits <br />?ertaining thereto or arising therefrom derived, received or had from the <br />time of the commencement of such suit or action, and such receiver shall <br />have all the usual powers and duties of receivers, in like and similar cases, <br />to the fullest extent permitted by law, and if application shall be made for <br />the appointment of a receiver the Mortgagor hereby expressly consents that <br />the court to which such application shall be made may make said appointment; <br />and <br />(c) sell or cause to be sold all and singular the ?tortgaged Property <br />or any part thereof, and all right, title, interest, claim and demand of <br />the Mortgagor therein or thereto, at public auction ac such place in any <br />county in which the property to be sold, or any part thereof is located, <br />at such time and upon such terms as may be specified in a notice of sale, <br />which shall state the time when and the place where the sale is to be held, <br />shall contain a brief general description of the property to be sold, and <br />shall be given by mailing a copy thereof to the bortgagor at least fifteen <br />(15} days prior to the date fined for such sale and 6y publishing the same <br />once in =_ach week for two successlve calendar weeks prior to the date of <br />such sale in a newspaper of general circulation published in said county, <br />or if no such newspaper is published in such county, in a newspaper of <br />general circulation in such county, the first such publication to be not <br />less than fifteen (15) days nor more than thirty {30) days prior co the <br />date fixed for such sale. Any sale to 6e made under this subparagraph (c) <br />of this section 2 may be adjourned from time to time by announcement at <br />the time and place appointed for such sale or for such adjourned sale or <br />sales, and without further notice or publication the sale may be had at <br />the time and place to which the same shall be adjourned, provided, however, <br />that in the event another or different notice of sale or another or different <br />manner of conducting the same shall be required by law the notice of sale <br />shall be given cr the sale shall be conducted, as the case may be, ir. accocd- <br />ance with the applicable provisions of law. <br />SEGTZO~I 3. If, within thirty {30) days after the majority noteholders <br />shall have had knowledge of the happening of an event or events of default, the <br />majority noteholders shalt not have proceeded to exercise the rights and enforce <br />each of the remedies herein or by law conferred upon oz reserved to the Mortgagees <br />or to said majority noteholders, then, and only then, any noteholder for itself <br />and as the agent of all the other noteholders, including the majority noteholders, <br />~Y Proceed to exercise any such right or rights and remedy or remedies sot being <br />enforced by the majority noteholders. Yo thing contained in this Mortgage shall <br />affect or impair the right, which is absolute and unconditional, of any holder of <br />any Hots wlsich may be secured hereby to enforce the payment of the principal of vz <br />interest on such note on the date or dates any such interest or principal shall <br />tteeome due and payable is accordance with the terms of such noee. <br />- 14 - <br />Farm - Orig. Gnmaoon A - Tel. Bank Mtg. ?i';2 <br />