R93-13 AUTHORIZING ARCHITECHURAL / ENGINEERING AGREEMENT AND AGREEMENT AND MORTGAGE

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! � / -3- 7. Forbearance by EDA Not a Waiver: Any forbearance by EDA in exercising any right or remedy hereunder, or otherwise affordable by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy hereunder. � 8. Recordina of Mortaaae - Mortaaaee's Conv: Mortgagor shall record this AGREEMENT AND MORTGAGE in the County where the Property is located, thereby securing to EDA an estate in the Property. Mortgagee shall be furnished a conformed copy of this Mortgage at the time of execution, and after recordation thereof. 9. Remedies Cumulative: All remedies provided in this Mortqage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 10. Notice: Any notice from EDA to Mortgagor provided for in this Mortgage shall be mailed by certified mail to Mortgagor's last known address or at such address as Mortgagor may designate to EDA by certified mail to EDA�s address, except for any Notice given to Mortgagor in the manner as may be prescribed by applicable law as provided hereafter in this Mortgage. 11. Upon Mortgagor's breach of any covenant or agreement of Mortqaqor in this AGREEMENT AND MORTGAGE, EDA, its desiqnees, successors oY assigns may declare the entire indebtedness secured hereby immediately due, payable and collectible. This AGREEMENT AND MORTGAGE may be enforced by the Secretary of Commerce of the United States of America, the Assistant Secretary of Commerce for Economic Development or their designees, successors or assigns, by and through a foreclosure action brought either in a United States District Court, or in any State Court having jurisdiction, but such action shall not be deemed to be a waiver of the aforesaid debt or of any possible further or additional action to recover repayment thereof. Further, upon Mortgagor�s breach or default of any other covenant, note, mortgage, or agreement of Mortgagor which is secured by the Property, EDA, its desiqnees, successors or assigns may declare the entire indebtedness secured by this Agreement and Mortgage immediately due, payable, and collectible. After any breach on the part of Mortgagor, EDA, its designees, successors or assigns shall, upon bill filed or the proper legal proceedings being commenced for the foreclosure of this Mortgage, be entitled, as a matter of right, to the appointment by any competent court, without notice to any party, of a receiver of the rents, issues and profits of the Property, with power to lease and control the Property, and with such other powere as may be deemed necessary. 12. covernina Law• Severabilitv: This AGREEMENT AND MORTGAGE shall be governed by applicable . Federal law and nothing contained herein shall be construed to + limit the rights the EDA, its designees, successors or assigns is entitled to under applicable Federal law. In the event that any , provision or clause of this instrument conflicts with applicable law, such conflict shall not affect other provisions of this - instrument which can be given effect without the conflicting provision, and to this end the provisions of this instrument are . , declared to be severable.