Laserfiche WebLink
<br />- (,t~04f33 <br />sales, and the exercise of any of the rights; privileges and <br />options hereby granted. Any holder of the Secured lndebtedness <br />shall have the right to become the purchaser at any such sale,:.- <br />{4) The proceeds of any foreclosure sale-hereunder <br />shall be applied: First, to the payment of all necessary <br />costs and expenses incident to such foreclosure sate, including; <br />but not by way of limitation, all court costs and charges of <br />every character in event foreclosure is by suit; Second-, to <br />the payment in full of all indebtedness secured hereby in <br />such order as Mortgagee may elect; and Third, the remainder,- <br />if any, shall be paid to Mortgagor or its successors, repre- <br />sentatives, heirs or assigns. <br />{5) In the event of a foreclosure hereunder, either <br />through judicial proceedings or in exercise of Mortgagee's <br />power of sale, Mortgagee shall have discretion and control <br />as to whether the Mortgaged Property shall be sold as an en- <br />tirety or in separate parcels and tracts, and Mortgagee's- <br />judgment shall be final as to such question. Mortgagor and <br />all entities hereafter claiming by, through or under it, or <br />who may at any time 'Hereafter become hciders of liens junior <br />to the lien of this Mortgage, hereby specifically waive and <br />release ail right to have any or all of the Mortgaged Prop- <br />erty marshalled upon any foreclosure or other enforcement of <br />the terms hereof. To the full extent permitted by law, Mort- <br />gagor waives any and all rights of redemption. <br />(6) Upon the occurrence of an Event of Default <br />hereunder or under the 91ote, Mortgagee may, at its option, <br />in addition to any and every other remedy, do any one or more <br />of the following: <br />(A) Enter upon and take possession of the Mortgaged <br />Property and remove the fixtures ar personal property <br />or any part thereof, with or without judicial process, <br />and, in connection therewith, without any responsibility <br />or liability on the part of Mortgagee, take possession <br />of any property located on or in the Mortgaged Property <br />whica is not a part of the htgrtgaged Property and hold <br />ar store such property at i~tortgagor's expense; <br />(B} Reguire Mortgagor to assemble that portion of <br />the Mortgaged Property that is fixtures or personal <br />property or any part thereof, and make it available to <br />Mortgagee at a place tc be designated by Mortgagee which <br />is reasonably convenient to Mortgagor and iortgagee; <br />{C) After notification, if any, hereafter provided <br />in this Subsection (6)(C) o£ Article IV, sell, lease, <br />or otherwise dispose of, at the address of Mortgagee, <br />all or any part o£ the Mortgaged Property constituting <br />fixtures or personal property in its then cgndition, or <br />following any commercially reasonable preparation. or <br />processing, and any such sale, lease, or other disposi- <br />tion made pursuant to this Subsection. (o){C) of Article IV <br />thereinafter referred to as a "Sale") may be as a unit <br />ar in parcels, by public or private proceedings, and by <br />way of one ar more contracts, and, at any Sale, it shall <br />not be necessary to exhibit such fixtures or personal <br />property, or part thereof, being sold. The Sale of any <br />part of such fixtures ar personal property shall not <br />exhaust Mortgagee's power of sale, but Sales may be made <br />frgm time to time until the Secured Zndebtedness is paid <br />and. performed in full. Reasonable notification of the <br />time and place of any public Sale pursuant to this Sub- <br />section (6){C} of Article IV, or reasonable notification <br />a$ the time after which, any private Sale is to be made <br />pursuant to-this Subsecti,an (6}{C) of Article IV shall <br />_~_ <br />~»e~} <br />