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<br />gq ---s~G0166 <br />a1.1 such other remedies as may now or hereafter exist at law <br />or in equity for the collection of the.Secured Indebtedness <br />and the-enforcement of the covenants-herein and the foreclo- <br />sure-of the--liens evidenced hereby, and the resort to any <br />remedy pravided for by this Mortgage or by any other security <br />now exist'irig or hereafter given or by-any. law to secure or <br />enforce payment of the Secured Indebtedness., in whole or in <br />part, .shall not prevent the noncurrent or subsequent employ- <br />ment of any other appropriate remedy or remedies, and no such <br />action shall in any wise be considered a waiver of any of <br />the rights, benefits or liens evidenced by this Mortgage or <br />by any other security. <br />{Fi} The word "Lease," as used herein, shall mean. <br />any. lease, sublease or other agreement under the terms of <br />which any person other than Mortgagor has or acquires any <br />right. to occupy or-use the Mortgaged Property, or any part <br />thereof or interest therein; and the word "Lessee", as .used <br />herein, shall mean the lessee, sublessee, tenant or other. <br />person having the right to occupy or use a part of the Mort- <br />gaged Property under a Lease_ <br />{9) Nothing herein shall ever be construed as <br />subordinating this Mortgage to any Lease; provided, however, <br />that any proceedings by Mortgagee to foreclose this Mortgage,_ <br />or any action by way of his entry into possession after an <br />Event of Default, shall not operate to terminate any Lease <br />which has been approved in writing by Mortgagee, and Mortgagee <br />will not cause any Lessee under any such approved Lease to <br />be disturbed in his possession and enjoyment of the leased <br />premises so long as such Lessee shall continue to fully and <br />promptly perform all of the terms, covenants and provisions <br />of his Lease. <br />{10) Zn the event any completed building, or part <br />of any such building, that is a part of the Mortgaged Property <br />is not occupied by Mortgagor or-under a Lease for any period <br />of thirty {30) consecutive days, Mortgagee may take possession <br />of such building, or part thereof, and rent the. same upon <br />such terms and conditions as Mortgagee, in his opinion, deems <br />proper. <br />{I1) If the Secured Indebtedness is paid and dis- <br />charged in full in accordance with the terms of this Mort- <br />gage and the Note and all other instruments evidencing the <br />Note, and if Mortgagor shall well and truly perform all of <br />Mortgagor's covenants contained herein, then this conveyance <br />shall become null and void and be. released at Mortgagor's <br />request and expense; otherwise, it shall remain in full <br />force and. effect, provided that no release hereof shall <br />impair Mortgagor's warranties and indemnities contained <br />herein. <br />{12) The word "Rights", as used herein, shall mean <br />rights, remedies, powers and privileges, and the word "Liens", <br />as used herein, shall mean titles, interests, liens and secur- <br />ity interests.. All Rights .and Liens herein expressly conferred <br />are cumulative of-all other Rights and Liens herein, or by <br />law or in equity provided, or provided in any Other Security <br />Instrument executed by Mortgagor, and shall not be deemed to <br />depzive Mortgagee of any suc}i other legal or equitable rights <br />and liens. by judicial proceedings, or otherwise, appropriate <br />to enforce the nonditions, covenants and terms of this Mort- <br />gage, the Note and any,Other Security Instruments, and the <br />employment of any Rights hereunder, or otherwise, shall not <br />prevent the concurrent or subsequent employment of any other <br />appropriate Aighta. <br />-21~- <br />~,e.:,~ <br />