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Section 46
Provisions relating to compliance with obligations
(1) The parties to the mortgage agreement can make necessary provisions regarding the fulfillment of the obligations by mutual agreement. (2) If the obligations are not fulfilled, the mortgagee shall have the following rights: - (a) Although there is no provision in the mortgage agreement regarding possession or control, the mortgagee may (b) sell the mortgaged property, (c) exercise other rights and remedies provided in this Act, (d) exercise other rights and remedies provided in the mortgage agreement, and (e) ) to use the rights and remedies available under other prevailing laws. (3) The mortgagee may exercise any or all of the rights available to him simultaneously. Subject to the provisions made in this Act regarding the exercise of rights, he may directly take necessary actions in relation to such books and other tangible assets without judicial proceedings. (5) In case of non-fulfillment of obligations, if the mortgaged property is a document, the mortgagee shall take necessary actions in relation to such document and the goods covered by that document. (6) If the mortgagee receives an order to take possession, the priority over the mortgaged property will be calculated from the date of registration of the notice or the date of maturity of the mortgage, whichever is earlier. The mortgagee can purchase the mortgaged property.