Common use of POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER Clause in Contracts

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank may, at its option: (i) enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereof; (ii) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereof; and (iii) without taking possession and control of the Property, immediately (with or without commencing any legal action or proceeding in any court of competent jurisdiction) collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank or its agents, and the Bank or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (b) In the event the Bank or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereof, said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i) operate, manage and control the Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii) make all necessary and proper maintenance, repairs, replacements, and improvements to the Property; (iii) collect and receive all Property Income; and (iv) enforce all terms of existing contracts pertaining to the Property and enter into such new contracts as the Bank or the receiver may determine necessary in their sole discretion. (c) All Property Income collected by the Bank, the Bank’s agent or a receiver, pursuant to Section 4.5(a) hereof, shall be applied in such order of priority as the Bank may determine in its sole discretion to (i) interest and principal due on the Obligations; (ii) taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the Property; (iii) all costs and expenses of operating, maintaining, repairing and improving the Property; and (iv) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the Bank, the Bank’s agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) The Bank, its agents, or any receiver acting pursuant to Section 4.5(a) hereof shall in no event be liable or accountable for more monies than actually are received from the Property during the period which the Bank, its agent or any receiver actually is in possession and control of the Property. Neither the Bank, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) All costs, expenses and liabilities of every character incurred by the Bank in managing, operating and maintaining the Property, not paid from Property Income as herein above provided, shall constitute advances by the Bank pursuant to Section 4.3. (f) In the event of foreclosure, the Bank, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, remain in possession of the Property until (i) the foreclosure sale; (ii) the redemption of the Property; or (iii) the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The Bank, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the Bank, its agent or a receiver is in possession of the Property.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank A. The Lender may, at its option: option (i1) enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereofsubsection 3.3 C.; (ii2) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereofsubsection 3.3 C.; and (iii3) without taking possession and control of the Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to ▇▇▇ sue for or otherwise collect and receive all Property Income. (b) B. The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Lender of the types set forth in subsection 3.3 A., and the Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. C. In the event the Bank Lender or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereofsubsection 3.3 A., said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i1) operate, manage and control the Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii2) make all necessary and proper maintenance, repairs, replacements, and improvements to the Property; (iii3) collect and receive all Property Income; and (iv4) enforce all terms of existing contracts pertaining to the Property and enter into such new contracts as the Bank Lender or the receiver may determine necessary in their its sole discretion. (c) D. All Property Income collected by the BankLender, the Bank’s Lender's agent or a receiver, receiver pursuant to Section 4.5(a) hereof, subsection 3.3 A. shall be applied in such order of priority as the Bank Lender may determine in its sole discretion to (i1) interest and principal due on the ObligationsMortgage Debt; (ii2) taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the Property; (iii3) all costs and expenses of operating, maintaining, repairing and improving the Property; and (iv4) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the BankLender, the Bank’s Lender's agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) E. The BankLender, its agents, or any receiver acting pursuant to Section 4.5(a) hereof subsection 3.3 A. shall in no event be liable or accountable for more monies moneys than actually are received from the Property during the period which the BankLender, its agent or any receiver actually is in possession and control of the Property. Neither the BankLender, its agents or nor any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) F. All costs, expenses and liabilities of every character incurred by the Bank Lender in managing, operating and maintaining the Property, not paid from Property Income as herein above hereinabove provided, shall constitute Lender advances by the Bank pursuant to Section 4.33.4. (f) G. In the event of foreclosure, the BankLender, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, subsection 3.3 A. may remain in possession of the Property until (i1) the foreclosure sale; (ii2) the redemption of the Property; or (iii3) if a deficiency exists, the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The BankLender, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the BankLender, its agent or a receiver is in possession of the Property.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if 4.1. Whenever an Event of Default (under and as defined in the Credit Agreement, including a default in any of the terms hereof) shall occur have occurred and be continuing, the Bank may, at its option: , without notice to the Borrower, without regard to the adequacy of the security for the Mortgage Debt, without proof of depreciation of the value of the Property, and without regard to the financial condition of the Borrower: (i) By itself or by agent, with or without bringing any action, suit or proceeding, immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereof; 4.3. (ii) make Make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereof; and 4.3. (iii) without Without taking possession and control of the Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of due to the Borrower with full rights and powers to notify all applicable parties liable to make payments of Property Income to make said payments directly to the Bank or its agents, and the Bank or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (b) Section 4.2. The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Bank of the types set forth in Section 4.1., and the Borrower further waives any requirement that the Bank provide any bond, surety, or other security in connection with any said action. Section 4.3. In the event the Bank or Bank, the Bank's agent and/or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereof4.1., said person or entity shallshall have all of the Borrower's rights and powers with respect to the Property and/or the Property Income, in addition to such other rights and powers as may subsequently be authorized, have including without limitation the right and power to to: (i) hold, store, use, operate, manage and control the Property and conduct the business which is or may be conducted therefrom; (ii) make all necessary and proper maintenance, repairs, renewals, replacements, additions, betterments and improvements to the Property and purchase or otherwise acquire additional fixtures, personalty and other property; (iii) obtain such insurance with respect to the Property and the business operations conducted therefrom as may be determined necessary; (iv) manage and operate the Property and the business conducted therefrom and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; ; (iiv) make enter into agreements with others to exercise the powers herein granted, all necessary and proper maintenanceas the Bank, repairs, replacements, and improvements its agents or a receiver from time to the Property; time may determine; (iiivi) collect and receive all Property Income; and ; (ivvii) enforce all terms of existing Leases at the Property and all other contracts or agreements pertaining to the Property and or the business operations conducted therefrom; and (viii) enter into such new or additional Leases and such other contracts or agreements pertaining to the Property or the business operations conducted at or from the Property from time to time as the Bank Bank, its agents or the receiver may determine necessary in their its sole discretion. (c) Section 4.4. All Property Income collected by the Bank, the Bank’s 's agent or a receiver, receiver pursuant to Section 4.5(a) hereof, 4.1. hereof shall be applied to the following in such order of priority as the Bank may determine in its sole discretion to discretion: (i) interest and principal due on the Obligations; Mortgage Debt; (ii) taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the Property; ; (iii) all costs and expenses of operating, maintaining, repairing and improving the Property and conducting the business operations which are or may be conducted at the Property; and and (iv) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys attorney's or other representatives of the Bank, the Bank’s agent 's agents or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom, expressly including the payment of any management agent's fees, and in the event the Bank manages said property itself with its own employees, the Bank shall be entitled to charge and collect a management fee equal to the customary management agent's fee charged for performing similar management functions in the area where the Property is located. (d) Section 4.5. The Bank, its agents, or any receiver acting pursuant to Section 4.5(a) 4.1. hereof shall in no event be liable or accountable for more monies moneys than actually are received from the Property during the period which the Bank, its agent or any receiver actually is in possession and control of the Property. Neither the Bank, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) Section 4.6. All costs, expenses and liabilities of every character incurred by the Bank in managing, operating and maintaining the Property, not paid from Property Income as herein above hereinabove provided, shall constitute advances by the and be treated as Bank Advances pursuant to Section 4.36. (f) Section 4.7. The Borrower shall pay monthly, in advance, to the Bank, its agent or any receiver in possession and control of the Property pursuant to Section 4.1. hereof, the fair and reasonable rental value for all or any part of the Property which is in the use, occupancy and possession of the Borrower. Section 4.8. In the event of foreclosure, the Bank, its agent or any receiver acting pursuant to Section 4.5(a) 4.1. hereof may, if a deficiency exists, may remain in possession of the Property until (i) the foreclosure sale; (ii) the redemption of the Property; or (iii) the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale, if a deficiency exists. The Bank, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the Bank, its agent or a receiver is in possession of the Property.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank A. The Lender may, at its option: option (ia) enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereofsubsection 3.3 C.; (iib) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereofsubsection 3.3 C.; and (iiic) without taking possession and control of the Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (b) B. The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Lender of the types set forth in subsection 3.3 A., and the Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. C. In the event the Bank Lender or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereofsubsection 3.3 A., said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i1) operate, manage and control the Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii2) make all necessary and proper maintenance, repairs, replacements, and improvements to the PropertyProperty required of the landlord under any applicable Lease or, with respect to any period during which there is no applicable Lease, as reasonably determined by the Lender; (iii3) collect and receive all Property Income; and (iv4) enforce all terms of existing contracts pertaining to the Property and enter into such new contracts as required of the Bank or the receiver may determine necessary in their sole discretionlandlord under any applicable Lease or, with respect to any period during which there is no applicable Lease, as reasonably determined by Lender. (c) D. All Property Income collected by the BankLender, the BankLender’s agent or a receiver, receiver pursuant to Section 4.5(a) hereof, this subsection 3.3 shall be applied in such order of priority as the Bank Lender may determine in its sole discretion to (i1) interest and principal due on the ObligationsMortgage Debt; (ii2) with respect to any period during which there is no applicable Lease, taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the PropertyProperty and, as to any other period taxes, assessments and insurance premiums due with respect to the Property which are the obligation of the landlord under the Lease(s); (iii3) with respect to any period during which there is no applicable Lease, all reasonable costs and expenses of operating, maintaining, repairing and improving the PropertyProperty and conducting the business operations which are or may be conducted at the Property and, as to any other period, the reasonable costs and expenses of operating, maintaining, repairing and improving the Property and conducting the business operations which have or may be conducted at the Property which are the obligation of the landlord under the Lease(s); and (iv4) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the BankLender, the BankLender’s agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) E. The BankLender, its agents, or any receiver acting pursuant to Section 4.5(a) hereof this subsection 3.3 shall in no event be liable or accountable for more monies moneys than actually are received from the Property or collected during the period during which the BankLender, its agent or any receiver actually is in possession and control of the Property. Neither Unless Lender shall have taken possession of the BankProperty pursuant to this Mortgage, neither the Lender, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) F. All costs, expenses and liabilities of every character incurred by the Bank Lender in managing, operating and maintaining the Property, not paid from Property Income as herein above hereinabove provided, shall constitute Lender advances by the Bank pursuant to Section 4.33.4. (f) G. In the event of foreclosure, the BankLender, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, this subsection 3.3 may remain in possession of the Property until (i1) the foreclosure sale; (ii2) the redemption of the Property; or (iii3) if a deficiency exists, the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The BankBorrower shall and does hereby indemnify and hold the Lender harmless from and against any and all liability, loss, claim, demand or damage which may or might be incurred by reason of this Mortgage, including, without limitation, claims or demands for security deposits from tenants of the Property deposited with the Borrower, and from and against any and all claims and demands whatsoever which may be asserted against the Lender by reason of any alleged obligations or undertakings on its agents part to perform or discharge any of the receiver shall terms, covenants or agreements contained in any of the Leases, unless occurring after the Lender has taken possession of the Property pursuant to this Mortgage or unless resulting from the Lender’s negligence or willful misconduct. Should the Lender incur no any liability for, nor shall the Borrower assert by reason of this Mortgage or in defense of any claim or setoff demand for loss or damage as a result ofprovided above, any action taken while the Bankamount thereof, its agent including, without limitation, costs, expenses and reasonable and actual attorneys’ fees, together with interest thereon at the Default Rate under the Note from the date paid or a receiver is in possession incurred by the Lender until repaid by the Borrower, shall be immediately due and payable to the Lender by the Borrower upon demand and shall be secured by this Mortgage and by all of the Propertyother Loan Documents securing all or any part of the indebtedness evidenced by the Note.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (ai) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank The Lender may, at its option: option (i1) enter upon and take possession and control of the Mortgaged Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(bsubsection (iii) hereofbelow; (ii2) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Mortgaged Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereofbelow; and (iii3) without taking possession and control of the Mortgaged Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (bii) The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Lender of the types set forth in subsection (i) above, and the Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. (iii) In the event the Bank Lender or a receiver enters upon and takes possession and control of the Mortgaged Property and/or the Property Income pursuant to Section 4.5(asubsection (i) hereofabove, said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i1) operate, manage and control the Mortgaged Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii2) make all necessary and proper maintenance, maintenance repairs, replacements, and improvements to the Mortgaged Property; (iii3) collect and receive all Property Income; and (iv4) enforce all terms of existing contracts pertaining to the Mortgaged Property and enter into such new contracts as the Bank Lender or the receiver may determine necessary in their its sole discretion. (civ) All Property Income collected by the BankLender, the BankLender’s agent or a receiver, receiver pursuant to Section 4.5(asubsection (i) hereof, above shall be applied in such order of priority as the Bank Lender may determine in its sole discretion to (i1) interest and principal due on the ObligationsMortgage Debt; (ii2) taxes, assessments Impositions and insurance premiums due with respect to the Mortgaged Property and/or the business operations conducted from the Mortgaged Property; (iii3) all costs and expenses of operating, maintaining, repairing and improving the Mortgaged Property; and (iv4) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys attorneys, or other representatives of the BankLender, the BankLender’s agent or the receiver in connection with the possession, control and/or operation of the Mortgaged Property and the business operations conducted therefrom. (dv) The BankLender, its agents, or any receiver acting pursuant to Section 4.5(asubsection (i) hereof above shall in no event be liable or accountable for more monies than actually are received from the Mortgaged Property during the period which the BankLender, its agent agents or any receiver actually is in possession and control of the Mortgaged Property. Neither the BankLender, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (evi) All costs, expenses and liabilities of every character incurred by the Bank Lender in managing, operating and maintaining the Mortgaged Property, not paid from Property Income as herein above hereinabove provided, shall constitute advances by the Bank Lender Advances pursuant to Section 4.318. (fvii) In the event of foreclosure, the BankLender, its agent agents or any receiver acting pursuant to Section 4.5(asubsection (a) hereof may, if a deficiency exists, above may remain in possession of the Mortgaged Property until (i) the foreclosure sale; (ii) the redemption of the Mortgaged Property; or (iii) if a deficiency exists, the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The BankLender, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the BankLender, its agent or a receiver is in possession of the PropertyMortgaged Property unless such action constitutes negligence or willful misconduct on the part of Lender or its agent(s).

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank A. The Lender may, at its option: option (ia) enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereofsubsection 3.3 C.; (iib) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereofsubsection 3.3 C.; and (iiic) without taking possession and control of the Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (b) B. The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Lender of the types set forth in subsection 3.3 A., and the Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. C. In the event the Bank Lender or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereofsubsection 3.3 A., said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i1) operate, manage and control the Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii2) make all necessary and proper maintenance, repairs, replacements, and improvements to the PropertyProperty required of the landlord under any applicable Lease or, with respect to any period during which there is no applicable Lease, as reasonably determined by the Lender; (iii3) collect and receive all Property Income; and (iv4) enforce all terms of existing contracts pertaining to the Property and enter into such new contracts as required of the Bank or the receiver may determine necessary in their sole discretionlandlord under any applicable Lease or, with respect to any period during which there is no applicable Lease, as reasonably determined by Lender. (c) D. All Property Income collected by the BankLender, the BankLender’s agent or a receiver, receiver pursuant to Section 4.5(a) hereof, this subsection 3.3 shall be applied in such order of priority as the Bank Lender may determine in its sole discretion to (i1) interest and principal due on the Obligations; (ii2) with respect to any period during which there is no applicable Lease, taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the PropertyProperty and, as to any other period taxes, assessments and insurance premiums due with respect to the Property which are the obligation of the landlord under the Lease(s); (iii3) with respect to any period during which there is no applicable Lease, all reasonable costs and expenses of operating, maintaining, repairing and improving the PropertyProperty and conducting the business operations which are or may be conducted at the Property and, as to any other period, the reasonable costs and expenses of operating, maintaining, repairing and improving the Property and conducting the business operations which have or may be conducted at the Property which are the obligation of the landlord under the Lease(s); and (iv4) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the BankLender, the BankLender’s agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) E. The BankLender, its agents, or any receiver acting pursuant to Section 4.5(a) hereof this subsection 3.3 shall in no event be liable or accountable for more monies moneys than actually are received from the Property or collected during the period during which the BankLender, its agent or any receiver actually is in possession and control of the Property. Neither Unless Lender shall have taken possession of the BankProperty pursuant to this Deed of Trust, neither the Lender, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) F. All costs, expenses and liabilities of every character incurred by the Bank Lender in managing, operating and maintaining the Property, not paid from Property Income as herein above hereinabove provided, shall constitute Lender advances by the Bank pursuant to Section 4.33.4. (f) G. In the event of foreclosure, the BankLender, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, this subsection 3.3 may remain in possession of the Property until (i1) the foreclosure sale; (ii2) the redemption of the Property; or (iii3) if a deficiency exists, the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The BankBorrower shall and does hereby indemnify and hold the Lender harmless from and against any and all liability, loss, claim, demand or damage which may or might be incurred by reason of this Deed of Trust, including, without limitation, claims or demands for security deposits from tenants of the Property deposited with the Borrower, and from and against any and all claims and demands whatsoever which may be asserted against the Lender by reason of any alleged obligations or undertakings on its agents part to perform or discharge any of the receiver shall terms, covenants or agreements contained in any of the Leases, unless occurring after the Lender has taken possession of the Property pursuant to this Deed of Trust or unless resulting from the Lender’s negligence or willful misconduct. Should the Lender incur no any liability for, nor shall the Borrower assert by reason of this Deed of Trust or in defense of any claim or setoff demand for loss or damage as a result ofprovided above, any action taken while the Bankamount thereof, its agent including, without limitation, costs, expenses and reasonable and actual attorneys’ fees, together with interest thereon at the Default Rate under the Note from the date paid or a receiver is in possession incurred by the Lender until repaid by the Borrower, shall be immediately due and payable to the Lender by the Borrower upon demand and shall be secured by this Deed of Trust and by all of the Propertyother Loan Documents securing all or any part of the indebtedness evidenced by the Note.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank may, at its option: (i) enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) hereof; (ii) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereof; and (iii) without taking possession and control of the Property, immediately (with or without commencing any legal action or proceeding in any court of competent jurisdiction) collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank or its agents, and the Bank or its agents shall have the further power and authority to ▇s▇▇ for or otherwise collect and receive all Property Income. (b) In the event the Bank or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(a) hereof, said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i) operate, manage and control the Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii) make all necessary and proper maintenance, repairs, replacements, and improvements to the Property; (iii) collect and receive all Property Income; and (iv) enforce all terms of existing contracts pertaining to the Property and enter into such new contracts as the Bank or the receiver may determine necessary in their sole discretion. (c) All Property Income collected by the Bank, the Bank’s agent or a receiver, pursuant to Section 4.5(a) hereof, shall be applied in such order of priority as the Bank may determine in its sole discretion to (i) interest and principal due on the Obligations; (ii) taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the Property; (iii) all costs and expenses of operating, maintaining, repairing and improving the Property; and (iv) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the Bank, the Bank’s agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) The Bank, its agents, or any receiver acting pursuant to Section 4.5(a) hereof shall in no event be liable or accountable for more monies than actually are received from the Property during the period which the Bank, its agent or any receiver actually is in possession and control of the Property. Neither the Bank, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) All costs, expenses and liabilities of every character incurred by the Bank in managing, operating and maintaining the Property, not paid from Property Income as herein above provided, shall constitute advances by the Bank pursuant to Section 4.3. (f) In the event of foreclosure, the Bank, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, remain in possession of the Property until (i) the foreclosure sale; (ii) the redemption of the Property; or (iii) the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The Bank, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the Bank, its agent or a receiver is in possession of the Property.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (a) Without limiting any notice to Borrower, and without regard to the adequacy of the Bank’s rights set forth in Section 4.4 hereofsecurity for the Mortgage Debt, if an Event proof of Default shall occur depreciation of the Bank value of the Property or the financial condition of Borrower, Lender may, at its option: (i) by itself or by agent, with or without bringing any action, suit or proceeding, immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(b) SUBSECTION 3.3 C. hereof; (ii) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) SUBSECTION 3.3 C. hereof; and (iii) without taking possession and control of the Property, immediately (with or without commencing any legal action or proceeding in any court of competent jurisdiction) collect directly all Property Income in the place and stead of the due to Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to sue ▇▇▇ for or otherwise collect and receive all Property Income. ; or (biv) In exercise any or all of the event remedies available to a secured party under the Bank Uniform Commercial Code, including, without limitation: Either personally or by means of a court appointed receiver, taking possession of all or any of the Service Equipment or any other part of the Property which is personal property (the "PERSONAL PROPERTY") and thereafter holding, storing, using, operating, maintaining and controlling the Personal Property, and exercising all rights and powers of Borrower in respect thereof. If Lender demands or attempts to take possession of the Personal Property, Borrower shall promptly to turn over and deliver complete possession thereof to Lender; Without notice to or demand upon Borrower, making such payments and doing such acts as Lender may deem necessary to protect its security interest in the Personal Property; Requiring Borrower to assemble the Personal Property, or any portion thereof, and make it available to Lender at a place designated by Lender and reasonably convenient to both parties. Lender and its agents and representatives Selling, leasing or otherwise disposing of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as Lender may determine. Lender may be a purchaser at any such sale. Borrower agrees that sales for cash or on credit to a wholesaler, retailer, or user of property of the type of the Personal Property, or at public or private auction, are all commercially reasonable. Notwithstanding any other notice provision in this Mortgage or the Loan Documents, unless the Personal Property is perishable or threatens to decline speedily in value, or is of a type customarily sold on a recognized market, Lender shall give Borrower reasonable notice of the time and place of any public sale thereof, or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met if such notice is mailed to Borrower as provided in SECTION 4.4 hereof, at least five (5) days before the time of the sale or other disposition. Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by Lender of the types set forth in SUBSECTIONS 3.3 A.(1), (2), and (3) above, and Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. If Lender, Lender's agent and/or a receiver enters upon and takes possession and control of the Property and/or the Property Income pursuant to Section 4.5(aSUBSECTIONS 3.3 A.(1), (2) hereofand/or (3), said such person or entity shall, shall have all of Borrower's rights and powers with respect to the Property and/or the Property Income in addition to such other rights and powers as may subsequently be authorized, have authorized including without limitation the right and power to (i) to: hold, store, use, operate, manage and control the Property and conduct the business which is or may be conducted therefrom; make all necessary and proper maintenance, repairs, renewals, replacements, additions, betterments and improvements to the Property and purchase or otherwise acquire additional fixtures, personalty and other property; obtain such insurance with respect to the Property and the business operations conducted therefrom as may be determined necessary; manage and operate the Property and the business conducted therefrom and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii) make enter into agreements with others to exercise the powers herein granted, all necessary and proper maintenanceas Lender, repairs, replacements, and improvements its agents or a receiver from time to the Propertytime may determine; (iii) collect and receive all Property Income; and (iv) enforce all terms of existing Leases at the Property and all other contracts or agreements pertaining to the Property or the business operations conducted therefrom; and enter into such new or additional leases and such other contracts or agreements pertaining to the Property or the business operations conducted at or from the Property from time to time as the Bank Lender, its agents or the receiver may determine necessary in their its sole discretion. (c) All Property Income collected by the Bank, the Bank’s agent or a receiver, pursuant to Section 4.5(a) hereof, shall be applied in such order of priority as the Bank may determine in its sole discretion to (i) interest and principal due on the Obligations; (ii) taxes, assessments and insurance premiums due with respect to the Property and/or the business operations conducted from the Property; (iii) all costs and expenses of operating, maintaining, repairing and improving the Property; and (iv) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys or other representatives of the Bank, the Bank’s agent or the receiver in connection with the possession, control and/or operation of the Property and the business operations conducted therefrom. (d) The Bank, its agents, or any receiver acting pursuant to Section 4.5(a) hereof shall in no event be liable or accountable for more monies than actually are received from the Property during the period which the Bank, its agent or any receiver actually is in possession and control of the Property. Neither the Bank, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (e) All costs, expenses and liabilities of every character incurred by the Bank in managing, operating and maintaining the Property, not paid from Property Income as herein above provided, shall constitute advances by the Bank pursuant to Section 4.3. (f) In the event of foreclosure, the Bank, its agent or any receiver acting pursuant to Section 4.5(a) hereof may, if a deficiency exists, remain in possession of the Property until (i) the foreclosure sale; (ii) the redemption of the Property; or (iii) the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The Bank, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the Bank, its agent or a receiver is in possession of the Property.

POSSESSION OF PROPERTY; APPOINTMENT OF RECEIVER. (ai) Without limiting any of the Bank’s rights set forth in Section 4.4 hereof, if an Event of Default shall occur the Bank The Lender may, at its option: option (i1) enter upon and take possession and control of the Mortgaged Property and the Property Income with those rights and powers more particularly set forth in Section 4.5(bsubsection (iii) hereofbelow; (ii2) make application to a court of competent jurisdiction for and obtain the immediate ex parte appointment of a receiver authorized to immediately enter upon and take possession and control of the Mortgaged Property and the Property Income with those rights and powers more particularly set forth in Section 4.5 (b) hereofbelow; and (iii3) without taking possession and control of the Mortgaged Property, immediately (with or without commencing any legal commence action or proceeding in any court of competent jurisdiction) to collect directly all Property Income in the place and stead of the Borrower with full rights and powers to notify all parties liable to make payments of Property Income to make said payments directly to the Bank Lender or its agents, and the Bank Lender or its agents shall have the further power and authority to ▇▇▇ for or otherwise collect and receive all Property Income. (bii) The Borrower hereby waives to the fullest extent permitted by law all rights to prior notice or court hearing in connection with any action by the Lender of the types set forth in subsection (i) above, and the Borrower further waives any requirement that Lender provide any bond, surety, or other security in connection with any said action. (iii) In the event the Bank Lender or a receiver enters upon and takes possession and control of the Mortgaged Property and/or the Property Income pursuant to Section 4.5(asubsection (i) hereofabove, said person or entity shall, in addition to such other rights and powers as may subsequently be authorized, have the right and power to (i1) operate, manage and control the Mortgaged Property and exercise all the rights and powers of the Borrower in its name or otherwise with respect to the same; (ii2) make all necessary and proper maintenance, maintenance repairs, replacements, and improvements to the Mortgaged Property; (iii3) collect and receive all Property Income; and (iv4) enforce all terms of existing contracts pertaining to the Mortgaged Property and enter into such new contracts as the Bank Lender or the receiver may determine necessary in their its sole discretion. (civ) All Property Income collected by the BankLender, the BankLender’s agent or a receiver, receiver pursuant to Section 4.5(asubsection (i) hereof, above shall be applied in such order of priority as the Bank Lender may determine in its sole discretion to (i1) interest and principal due on the ObligationsMortgage Debt; (ii2) taxes, assessments Impositions and insurance premiums due with respect to the Mortgaged Property and/or the business operations conducted from the Mortgaged Property; (iii3) all costs and expenses of operating, maintaining, repairing and improving the Mortgaged Property; and (iv4) the compensation, salaries, expenses and disbursements of any agents, employees, attorneys attorneys, or other representatives of the BankLender, the BankLender’s agent or the receiver in connection with the possession, control and/or operation of the Mortgaged Property and the business operations conducted therefrom. (dv) The BankLender, its agents, or any receiver acting pursuant to Section 4.5(asubsection (i) hereof above shall in no event be liable or accountable for more monies than actually are received from the Mortgaged Property during the period which the BankLender, its agent agents or any receiver actually is in possession and control of the Mortgaged Property. Neither the BankLender, its agents or any receiver shall be liable or accountable in any manner for the failure to collect Property Income for any reason whatsoever. (evi) All costs, expenses and liabilities of every character incurred by the Bank Lender in managing, operating and maintaining the Mortgaged Property, not paid from Property Income as herein above hereinabove provided, shall constitute advances by the Bank Lender Advances pursuant to Section 4.318. (fvii) In the event of foreclosure, the BankLender, its agent agents or any receiver acting pursuant to Section 4.5(asubsection (a) hereof may, if a deficiency exists, above may remain in possession of the Mortgaged Property until (i1) the foreclosure sale; (ii2) the redemption of the Mortgaged Property; or (iii3) if a deficiency exists, the expiration of any redemption period of the United States of America extending subsequent to the foreclosure sale. The BankLender, its agents or the receiver shall incur no liability for, nor shall the Borrower assert any claim or setoff as a result of, any action taken while the BankLender, its agent or a receiver is in possession of the Mortgaged Property.