r
<br />possession of the mortgaged property ar any part thereof or
<br />interest therein after any sale thereof, or (d) relating
<br />to the marshalling thereof on any sale thereof; and the Mort-
<br />gagor, faor itself an8 ail others claiming through or under it,
<br />agrees to permit every sale of t#se mortgaged property.
<br />or any part tisereof, as if there were m such laws, and agrees
<br />that upon asy sale thereof in SDreelosure, the same aey, at the
<br />option of the Mortgagee, be sold as an entirety.
<br />Section 4.09, Remedies of Mo~rtCax~ee tp be Nonexclusive
<br />and Cumulative. Except as this Arta.cle expressly otherwise
<br />prov every right or zes~dy herein conferred or reserved
<br />shall be nonexclusive, shall be amiultive, and shall bB in
<br />addition trr every other right, r~nedy, or graver given hereunder
<br />or now or hereafter existing at law or in equity.
<br />No delay or omission by tare Mortgagee to exercise any avail-
<br />able right, ;power, or needy hereunder shall impair or he wn-
<br />strued a waiver thereof or be considered an acquiescence in the
<br />circumstances giving rise thereto,.
<br />Every tight, power, or npsaedy herein ausferred upon or
<br />reserved ~ the Mortgagee may be exercised from time to time and
<br />as often as deemed expedient. `
<br />Zn case any of the remedies in this Mortgage given or attempted
<br />to be: given to the Mortgagee shall at any time be held invalid, or
<br />~3 provision of this Mortgage or of the !dote shall be held illegal
<br />or invalid for anY reason, such illegality or invalidity shall cot
<br />affect the remaining Harts of this ~rtgage or of the Note or the
<br />othez res~dies given hereby, but this Mortgage shall be construed
<br />and enforced as if all s'ich il.l.eaal or invalid previsions had
<br />never been inserted herein.
<br />If at aap time the mortgagee, by reason of <my default
<br />hereunder, shall have proceeded tc, ~sfarce any of its rights or
<br />P'~'ere, by foreclosure, Eastry, or othezsrise, and if thereafter
<br />suss f$ult ~sd al.l other ~fa4alts of tese :9artgagor shall have
<br />bin merle good by it, er if ~.ch proceedings s3sa11 have for cosy
<br />reason been abandoned, or withdrawrn by the Mortgagee, or shall
<br />have been detezminsd adversely trr it, then in every such case
<br />the Mortgagor and the Mortgagee shall hereunder, and all rights,
<br />remedies, and powers of tt.e Mortgagee shall continue thereafter
<br />as though no such proceeding had been taken,
<br />Miscellaneous Provisions
<br />Article 57
<br />Section 5,01. Waiver Provision. All options and zzghts of
<br />election herein provide o -the benefit of the Mortgagee are
<br />continuing, and the failure to exercise any such option or right
<br />or election won a particular default or breach or any subsequent
<br />default or breach shall oat be construed as waiving the right
<br />to exercise such option or election at any later date. By the
<br />acceptance of ?ayabnt of aESy installment of principal of ar i,~ter=st
<br />on the Nate after its due date, the Mortgagee dies cot waive the
<br />right eithex bcr require prompt payment open due of all other
<br />amcxusts secured heretry or to regard as an Event of Default the
<br />failure tea pay any other such amounts. No exercise of the
<br />rights cord powers herein granted and ro delay or aaission in
<br />the exercise of s+ach rights and cxrwers shall be held to exhaust
<br />43~a S~Q r,e _ ,,.a
<br />*"~ "'°'" "'cca ~ a waiver T1i6 reOZ, lTld eVe ry SUah
<br />right ausd paver may be ewercised at any time from time to time.
<br />Section 5.02. Partial Release, No release of any part of the
<br />'t9+a9~ Aroi~rty rn any way later, vary or diminish the
<br />farce, effect: lien c~c security interest of this Mortgage on the
<br />mgsageC pxrrpetty yr ~irtion t3sereof remaining subject to the
<br />lien and security inter®ct cleated hezelry.
<br />
|