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Farm - orig. Common xEa - xel. bank Mc~`f''~' 1)(j~~.rj3 2/72 <br />r "' <br />SECTION 4. At any sale hereunder any noteholder or noteholders shall <br />have the right to bid for and purchase-the Mortgaged Property, or-such part <br />thereof as-shall be offered for sale, and any noteholder or noteholders may <br />agp'ly in settlement of the gurchase price of the property go purchased che por- <br />ticn of the nest proeaads of-such sales which would ba applicable to the payment <br />on account of the principal of and lnteraat on che note or notes-held by such <br />netaholder or noteholders, and such amount so applied shall be credited as a <br />payment do account of principal of and interest on the note or notes'-held by <br />such noteholder ar notehnlders. <br />SEGfION 5. Any proceeds or funds arising from the exercise of any <br />rights or che enforcement of any remedies herein provided after ttte payment or <br />provision for Che payment of any and all costs and expenses in connection with <br />the exercise of such rights or the enforcement of such remedies shall be applied <br />first, to the payment of indebtedness hereby secured other than the principal of <br />or interest on the notes; second, to the ratable payment of interest which shall <br />have accrued on the notes and which shall be unpaid; third, to the ratable pay- <br />ment of ar on account of the unpaid principal of the notes, and the balance, if <br />any, shall be paid to whosoever shall be entitled thereto. <br />SECTION 6. The Mortgagor covenants that it will give immediate written. <br />notice to both of the Mortgagees and to all of the notehnlders of the occurrence <br />of an event of deā‚¬ault or in the event that any right or remedy described in <br />clauses (a) through (f) of section 1 of chic article IZI is exercised or enforced, <br />ar any action is taken tc exercise or enforce anq such right or remedy. <br />SECTION 7. Every right er remedy herein conferred upon or reserved to <br />the Mortgagees or to the noteholders shall be cumulative and shall be in addition <br />to every other right and remedy given hereunder or now or hereafter existing ac <br />law, or is equity, or by statute. The pursuit of any right or remedy shalt nest <br />be cans trued as an election. <br />SECTION 8. The Mortgagor, for itself and all who may claim through or <br />under it, covenants that it will nest at any time insist upon or plead, or in any <br />manner whatever claim, or takes the benefit oz advantages cf, any appraisemenc, <br />valuation, stay, extension or redemption laws nva or hare~fter in force in any <br />locality where any of che Mart gaged Froperty may be situated, in order to prevent, <br />delay or hinder the enforcement or foreclosure of this Mart gage, or the absolute <br />sale of the Mortgaged Property, or any part thereof, or the #inal and absolute <br />putting into possession thereof, immediately after such sale, of the purchaser <br />or purchasers thereat, and the Mortgagor, for itself and all who may claim through <br />or under it, hereby waives the benefit of all such laws unless such waiver shall <br />be #orbidden by law. <br />ARTICLE in <br />POSSESSION UNTIL DEFAUL?-DL'FEASANCE CLAUSE <br />SECTION 1. Until some ones or mare of che events of default shall have <br />happened, [he Mortgagor shall be suffered and permitted to retain actual possession <br />of the :iortgaged Property, and to manage, operate and use the same and any part <br />thereof, with the rights and franchises appertaining thereto, and to collect, <br />receive, take, use and enjoy the rents, revenues, issues, earnings, income, pro- <br />ducts and profits thereof or therefrom, subject to che provisions of this :~Sortgage. <br />SECTION 2. If the Mortgagor shall well and truly pay or cause to be paid <br />the whale amount of the principal of sad interest on the notes at che time and in <br />the manner therein provided, according td the true intent and meaning thereof, and <br />shall aisd-pay or cause to be pail all other sums payable hereunder by the Kortgagor <br />and shall we12 and truly keep and perform according to the true intent and meaning <br />of this Mortgage, all covenants herein required to be kept and performed 6y it, <br />then and in that-case, all graperty, rights and interests hereby conveyed or <br />assigned or pledged shall revert to the Mortgagor and the estate, right, title and <br />interest of the Mortgagees and the noteholders shall tharenpon cease, determines and <br />lrac~a void anal che Mortgagees and the aoteholdera, in such case, an written demand <br />of the ~4artgagor but at Cha Mortgagor's cost and expense, shall antes satisfaction <br />of this 3°~rtgaga upon the retoz~. In any event, each noteholder, upon payment in <br />full to hie. by the Mnrtgegdr df all grittcipal of and interest an any Hate he id by <br />hfm and the pay,~tnt and disoherga by the Mortgagor of all charges due to such note- <br />hdidex f:exaiaadfr, shall execute and dalivar td the Mortgagor such instrument c;. <br />satisfaction, diseharga ar releases as shall be zequirad by law in the circumstances. <br />- 11 ., <br />