ANY, ALLOWED
IN THE LOAN AGREEMENT FOR SUCH FAILURE.
6.2
RIGHTS AND REMEDIES.
AT ANY TIME AFTER DEFAULT,
MORTGAGEE SHALL HAVE ALL THE FOLLOWING RIGHTS AND REMEDIES, EACH OF WHICH MAY BE
PURSUED CONCURRENTLY OR OTHERWISE, AT SUCH TIME AND IN SUCH ORDER AS MORTGAGEE
MAY DETERMINE, IN ITS SOLE DISCRETION, WITHOUT IMPAIRING OR OTHERWISE AFFECTING
THE OTHER RIGHTS AND REMEDIES OF MORTGAGEE:
(A)
WITH OR WITHOUT NOTICE, TO DECLARE ALL SECURED
OBLIGATIONS IMMEDIATELY DUE AND PAYABLE;
(B)
WITH OR WITHOUT NOTICE, AND WITHOUT RELEASING
MORTGAGOR FROM ANY SECURED OBLIGATION, AND WITHOUT BECOMING A MORTGAGEE IN
POSSESSION, TO CURE ANY BREACH OR DEFAULT OF MORTGAGOR AND, IN CONNECTION
THEREWITH, TO ENTER UPON THE SUBJECT PROPERTY AND DO SUCH ACTS AND THINGS AS
MORTGAGEE DEEMS NECESSARY OR DESIRABLE TO PROTECT THE SECURITY HEREOF,
INCLUDING, WITHOUT LIMITATION: (I) TO APPEAR IN AND DEFEND ANY ACTION OR
PROCEEDING PURPORTING TO AFFECT THE SECURITY OF THIS MORTGAGE OR THE RIGHTS OR
POWERS OF MORTGAGEE UNDER THIS MORTGAGE; (II) TO PAY, PURCHASE, CONTEST OR
COMPROMISE ANY ENCUMBRANCE, CHARGE, LIEN OR CLAIM OF LIEN WHICH, IN THE SOLE
JUDGMENT OF MORTGAGEE, IS OR MAY BE SENIOR IN PRIORITY TO THIS MORTGAGE, THE
JUDGMENT OF MORTGAGEE BEING CONCLUSIVE AS BETWEEN THE PARTIES HERETO; (III) TO
OBTAIN INSURANCE; (IV) TO PAY ANY PREMIUMS OR CHARGES WITH RESPECT TO INSURANCE
REQUIRED TO BE CARRIED UNDER THIS MORTGAGE; OR (V) TO EMPLOY COUNSEL,
ACCOUNTANTS, CONTRACTORS AND OTHER APPROPRIATE PERSONS;
(C)
TO COMMENCE AND MAINTAIN AN ACTION OR ACTIONS IN ANY
COURT OF COMPETENT JURISDICTION TO FORECLOSE THIS INSTRUMENT OR TO OBTAIN
SPECIFIC ENFORCEMENT OF THE COVENANTS OF MORTGAGOR HEREUNDER, AND MORTGAGOR
AGREES THAT SUCH COVENANTS SHALL BE SPECIFICALLY ENFORCEABLE BY INJUNCTION OR
ANY OTHER APPROPRIATE EQUITABLE REMEDY AND THAT FOR THE PURPOSES OF ANY SUIT
BROUGHT UNDER THIS SUBPARAGRAPH, MORTGAGOR WAIVES THE DEFENSE OF LACHES AND ANY
APPLICABLE STATUTE OF LIMITATIONS;
(D)
TO APPLY TO A COURT OF COMPETENT JURISDICTION FOR AND
OBTAIN APPOINTMENT OF A RECEIVER, TRUSTEE, LIQUIDATOR OR CONSERVATOR OF THE
SUBJECT PROPERTY AS A MATTER OF STRICT RIGHT WITHOUT THE GIVING OF NOTICE TO ANY
OTHER PARTY AND WITHOUT REGARD TO THE ADEQUACY OF THE SECURITY FOR THE REPAYMENT
OF THE SECURED OBLIGATIONS, THE EXISTENCE OF A DECLARATION THAT THE SECURED
OBLIGATIONS ARE IMMEDIATELY DUE AND PAYABLE, OR THE FILING OF A NOTICE OF
DEFAULT, AND MORTGAGOR HEREBY CONSENTS TO SUCH APPOINTMENT;
(E)
TO ENTER UPON, POSSESS, MANAGE AND OPERATE THE
SUBJECT PROPERTY OR ANY PART THEREOF, TO TAKE AND POSSESS ALL DOCUMENTS, BOOKS,
RECORDS, PAPERS AND ACCOUNTS OF MORTGAGOR OR THE THEN OWNER OF THE SUBJECT
PROPERTY, TO MAKE, TERMINATE, ENFORCE OR
15
MODIFY LEASES OF THE SUBJECT PROPERTY UPON SUCH TERMS AND CONDITIONS AS
MORTGAGEE DEEMS PROPER, TO MAKE REPAIRS, ALTERATIONS AND IMPROVEMENTS TO THE
SUBJECT PROPERTY AS NECESSARY, IN MORTGAGEE'S SOLE JUDGMENT, TO PROTECT OR
ENHANCE THE SECURITY HEREOF;
(F)
TO RESORT TO AND REALIZE UPON THE SECURITY
HEREUNDER AND ANY OTHER SECURITY NOW OR LATER HELD BY MORTGAGEE CONCURRENTLY OR
SUCCESSIVELY AND