350. Exclusion or modification of statutory power to lease mortgaged land.

The statutory power of leasing1 only applies if and so far as a contrary intention is not expressed in the mortgage2 or otherwise in writing, and has effect subject to the terms of the mortgage deed or of any such writing and to the provisions contained in it3. It cannot, however, be modified or excluded in a mortgage of agricultural land4, or so as to prevent the carrying out of an order5 for a grant of a new tenancy of business premises6. A clause excluding the power does not deprive the mortgagor of his power of creating a lease