the Mortgaged Property as Mortgagee shall deem appropriate as fully
as Mortgagor might do.
(b) In case of a foreclosure sale, the Real Estate may be sold, at Mortgagee's
election, in one parcel or in more than one parcel and Mortgagee is specifically
empowered (without being required to do so, and in its sole and absolute
discretion) to cause successive sales of portions of the Mortgaged Property to
be held.
(c) In the event of any breach of the terms contained in this Mortgage that
constitutes a continuing Event of Default for which Mortgagee has given notice
thereof, Mortgagee shall be entitled to enjoin such breach and obtain specific
performance of any covenant, agreement, term or condition and Mortgagee shall
have the right to invoke any equitable right or remedy as though other remedies
were not provided for in this Mortgage.
(d) It is agreed that if an Event of Default shall occur and be continuing and
notice of such Event of Default has been given by the Mortgagee, any and all
proceeds of the Mortgaged Property received by Mortgagee shall be held by
Mortgagee for the benefit of the Lenders as collateral security for the
Obligations (whether matured or unmatured), and shall be applied in payment of
the Obligations in accordance with the Credit Agreement.
(e) FOR THE PURPOSE OF PROCURING POSSESSION OF THE PREMISES AND UPON THE
OCCURRENCE AND DURING THE CONTINUANCE OF ANY EVENT OF DEFAULT AND AFTER NOTICE
SUCH EVENT OF DEFAULT HAS BEEN GIVEN BY MORTGAGEE, MORTGAGOR HEREBY AUTHORIZES
AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN THE STATE OF NEW HAMPSHIRE
OR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR
THROUGH MORTGAGOR, TO APPEAR FOR MORTGAGOR AND CONFESS JUDGMENT PURSUANT TO
APPLICABLE LAW AGAINST MORTGAGOR, AND ALL PERSONS CLAIMING UNDER OR THROUGH
MORTGAGOR, FOR THE RECOVERY BY MORTGAGEE OF POSSESSION OF THE PREMISES, WITHOUT
ANY STAY OF EXECUTION, FOR WHICH THIS MORTGAGE, OR A COPY HEREOF VERIFIED BY
AFFIDAVIT, SHALL BE A SUFFICIENT WARRANT; AND THEREUPON A WRIT OF POSSESSION MAY
BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER. MORTGAGOR
HEREBY RELEASES MORTGAGEE FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN
ENTERING SUCH JUDGMENT AND IN CAUSING SUCH WRIT OR WRITS TO BE ISSUED, AND
HEREBY AGREES THAT NO WRIT OF ERROR, APPEAL, PETITION TO OPEN OR STRIKE OFF
JUDGMENT, OR OTHER OBJECTION SHALL BE FILED OR MADE WITH RESPECT THERETO.
IF
FOR ANY REASON AFTER SUCH JUDGMENT HAS BEEN CONFESSED THE SAME SHALL BE
DISCONTINUED OR POSSESSION OF THE PREMISES SHALL REMAIN IN OR BE RESTORED TO
MORTGAGOR, MORTGAGEE SHALL HAVE THE RIGHT FOR THE SAME EVENT OF DEFAULT FOR
WHICH NOTICE HAS BEEN SO GIVEN OR ANY SUBSEQUENT EVENT OF DEFAULT FOR WHICH
NOTICE HAS BEEN SO GIVEN TO BRING ONE OR MORE FURTHER JUDGMENTS BY CONFESSION AS
ABOVE PROVIDED TO RECOVER POSSESSION OF THE PREMISES.
MORTGAGEE MAY ENTER SUCH
JUDGMENT BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS
MORTGAGE, OR AFTER JUDGMENT