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7.5. SR 07-15-2013
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7.5. SR 07-15-2013
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to any security agreements, pledges, contracts of guarantee, assignments of rents and leases or other <br /> securities, and exhaust any one or more of said securities and the security hereunder, either <br /> concurrently or independently and in such order as it may determine. <br /> SECTION 5.5: Rights Cumulative. Each right, power or remedy herein conferred upon the <br /> Mortgagee is cumulative and in addition to every other right, power or remedy, express or implied, <br /> now or hereafter arising, available to Mortgagee, at law or in equity, or under any other agreement, <br /> and each and every right, power and remedy herein set forth or otherwise so existing may be <br /> exercised from time to time as often and in such order as may be deemed expedient by the <br /> Mortgagee and shall not be a waiver of the right to exercise at any time thereafter any other right, <br /> power or remedy. No delay or omission by the Mortgagee in the exercise of any right, power or <br /> remedy arising hereunder or arising otherwise shall impair any such right, power or remedy or the <br /> right of the Mortgagee to resort thereto at a later date or be construed to be a waiver of any default <br /> or event of default under this Mortgage or the Note. <br /> SECTION 5.6: Subsequent Agreements. Any agreement hereafter made by the Mortgagor and <br /> Mortgagee pursuant to this Mortgage shall be superior to the rights of the holder of any intervening <br /> lien or encumbrance. <br /> SECTION 5.7: Waiver of Marshaling. Mortgagor hereby waives any rights available with <br /> respect to marshaling of assets so as to require the separate sales of any portion of the Property, or <br /> as to require the Mortgagee to exhaust its remedies against a specific portion of the Property before <br /> proceeding against the other and does hereby expressly consent to and authorize the sale of the <br /> Property or any part thereof as a single unit or parcel. <br /> ARTICLE SIX <br /> EVENTS OF DEFAULT AND REMEDIES <br /> SECTION 6.1: Events Of Default. It shall be an "Event of Default" under this Mortgage if(a) <br /> the Mortgagor shall fail to pay any principal or interest due on the Note when and as the same <br /> become due (whether at the stated maturity or at a date fixed for any installment payment or any <br /> accelerated payment date or otherwise); or (b) the Mortgagor shall fail to pay when due any other <br /> Indebtedness Secured Hereby; or(c) the Mortgagor shall, except as to defaults under(a), (b) above, <br /> after 30 days prior notice from Mortgagee, fail to comply with or perform any other term, condition <br /> or covenant of the Note, this Mortgage,the Agreement or any other instrument securing the Note; or <br /> (d) the Mortgagor shall sell, convey, transfer, further mortgage or encumber or dispose of the <br /> Property, or any part thereof, or any interest therein, or agrees so to do, except in accordance with <br /> the terms of this Mortgage; or (e) the Mortgagor shall make an assignment for the benefit of its <br /> creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a <br /> petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking <br /> any reorganization, dissolution, liquidation, arrangement, composition,readjustment or similar relief <br /> under any present or future bankruptcy or insolvency statute, law or regulation or shall file an <br /> answer admitting to or not contesting the material allegations of a petition filed against it in such <br /> proceedings, or shall not within sixty (60) days after the filing of such a petition have the same <br /> dismissed or vacated, or shall seek or consent to or acquiesce in the appointment of any trustee, <br /> receiver or liquidator of a material part of its properties, or shall not within sixty (60) days after the <br /> 171419v1 27 <br />
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