Common use of Receiver Clause in Contracts

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the adequacy of any security, to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminated.

Receiver. Upon If an Actionable Default occurs and is continuing, Mortgagee, to the occurrence of an Event of Defaultextent permitted by law, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. To the extent permitted by law, Mortgagee may have a receiver appointed without notice to Mortgagor or any part)third party, and Mortgagee may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent Beneficiary deems advisablepermitted by law, Mortgagee shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionlaw, any receiver appointed on Mortgagee's behalf may be an Affiliate of Mortgagee. Trustor further agrees that Beneficiary also may The reasonable expenses, including receiver's fees, reasonable attorneys' fees, costs and agents' compensation, incurred pursuant to the powers herein contained shall be secured by this Mortgage. The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all earnings, revenues and receipts, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Mortgage, the Collateral Trust Agreement, any other Secured Debt Document or otherwise available to Mortgagee and all personal property contained may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Collateral Trust Property or used Agreement. Mortgagee shall be liable to account only for such earnings, revenues and receipts (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Beneficiary shall be entitled, at any time and without notice and without regard entitled to the adequacy appointment of any security, a receiver to enter upon and take possession and maintain full control of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession in order to perform all acts necessary and appropriate for the operation and maintenance of the Trust Property including the execution, cancellation or modification of leases, the making of repairs to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to and the extent Beneficiary deems advisableexecution or termination of contracts providing for the construction, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary management or proper to conserve the value maintenance of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid on such terms as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or are deemed best to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 security of this Deed of Trust. Trustor specifically agrees that The receiver shall be entitled to receive a reasonable fee for so managing the appointment Trust Property. All rents collected pursuant to this paragraph shall be applied in accordance with Section 4.6 herein. Beneficiary or the receiver shall have access to the books and records used in the operation and maintenance of a receiver may the Trust Property and shall be sought liable to account only for those rents actually received. Beneficiary shall not be liable to Grantor or anyone claiming under or through Grantor, or anyone having an interest in the Trust Property by reason of anything done or left undone by Grantor under this Section 4.1.5. If the rents of the Trust Property are not sufficient to meet the costs of taking control and pursued concurrently with of managing the exercise of any other remedies of Trust Property and collecting the rents, Beneficiary, including exercise at its sole option, may advance funds to meet the costs. Any funds expended by Beneficiary for such purposes shall become Indebtedness and Obligations of Trustee’s power Grantor to Beneficiary. Unless Beneficiary and Grantor agree in writing to other terms of sale. Upon payment, such amounts shall be payable upon notice from Beneficiary to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Credit Agreement after the occurrence of an Event of Default, Beneficiary, . The entering upon and taking and maintaining of control of the Trust Property by Beneficiary or the receiver and the application of rents as provided in addition to all rights and remedies available at law and/or this Deed of Trust shall not cure or waive any Event of Default or invalidate any other right or remedy of Beneficiary under this Deed of Trust. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard secured party hereunder to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash deposits or receivers shall have all instrument at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Mortgagee shall be entitled, at any time and without notice and without regard entitled to the adequacy appointment of any security, a receiver to enter upon and take possession and maintain full control of the Trust Mortgaged Property (or any part). Trustor will upon demand peaceably surrender possession in order to perform all acts necessary and appropriate for the operation and maintenance of the Trust Mortgaged Property including the execution, cancellation or modification of leases, the making of repairs to Beneficiary the Mortgaged Property and the execution or termination of contracts providing for the receiver. Beneficiary’s entry may be made by Beneficiary’s agentsconstruction, attorneys, management or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion maintenance of the Trust Property Mortgaged Property, all on such terms as are deemed best to protect the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will security of this Mortgage. The receiver shall be entitled to do and perform any acts that Beneficiary may deem necessary receive a reasonable fee for so managing the Mortgaged Property. All rents collected pursuant to this paragraph shall be applied in accordance with Section 4.6 herein. Mortgagee or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) receiver shall have access to the persons on terms books and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or records used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation and maintenance of the Trust Mortgaged Property and shall be liable to account only for those rents actually received. Mortgagee shall not be liable to Mortgagor or to protect and preserve its securityanyone claiming under or through Mortgagor, or Beneficiary may permit any part anyone having an interest in the Mortgaged Property by reason of all anything done or left undone by Mortgagor under this Section 4.1.5. If the rents of these moneys the Mortgaged Property are not sufficient to be released by Beneficiary meet the costs of taking control and of managing the Mortgaged Property and collecting the rents, Mortgagee, at its sole option, may advance funds to meet the costs. The expense (including receivers’ feesAny funds expended by Mortgagee for such purposes shall become Indebtedness and Obligations of Mortgagor to Mortgagee. Unless Mortgagee and Mortgagor agree in writing to other terms of payment, if any, such amounts shall be payable upon notice from Mortgagee to Mortgagor requesting payment thereof and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred shall bear interest from the date of disbursement at the rate stated in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon Credit Agreement after the occurrence of an Event of Default, Beneficiary, . The entering upon and taking and maintaining of control of the Mortgaged Property by Mortgagee or the receiver and the application of rents as provided in addition to all rights and remedies available at law and/or this Mortgage shall not cure or waive any Event of Default or invalidate any other right or remedy of Mortgagee under this Deed Mortgage. Notwithstanding the appointment of Trustany receiver or other custodian, Mortgagee shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard secured party hereunder to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash deposits or receivers shall have all instrument at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedthis Mortgage to, Mortgagee.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Mortgagee shall be entitled, at any time and without notice and without regard entitled to the adequacy appointment of any security, a receiver to enter upon and take possession and maintain full control of the Trust Mortgaged Property (or any part). Trustor will upon demand peaceably surrender possession in order to perform all acts necessary and appropriate for the operation and maintenance of the Trust Mortgaged Property including the execution, cancellation or modification of leases, the making of repairs to Beneficiary the Mortgaged Property and the execution or termination of contracts providing for the receiver. Beneficiary’s entry may be made by Beneficiary’s agentsconstruction, attorneys, management or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion maintenance of the Trust Property Mortgaged Property, all on such terms as are deemed best to protect the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will security of this Mortgage. The receiver shall be entitled to do and perform any acts that Beneficiary may deem necessary receive a reasonable fee for so managing the Mortgaged Property. All rents collected pursuant to this paragraph shall be applied in accordance with Section 4.6 herein. Mortgagee or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) receiver shall have access to the persons on terms books and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or records used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation and maintenance of the Trust Mortgaged Property and shall be liable to account only for those rents actually received. Mortgagee shall not be liable to Mortgagor or to protect and preserve its securityanyone claiming under or through Mortgagor, or Beneficiary may permit any part anyone having an interest in the Mortgaged Property by reason of all anything done or left undone by Mortgagor under this Section 4.1.5. If the rents of these moneys the Mortgaged Property are not sufficient to be released by Beneficiary meet the costs of taking control and of managing the Mortgaged Property and collecting the rents, Mortgagee, at its sole option, may advance funds to meet the costs. The expense (including receivers’ feesAny funds expended by Mortgagee for such purposes shall become Indebtedness and Obligations of Mortgagor to Mortgagee. Unless Mortgagee and Xxxxxxxxx agree in writing to other terms of payment, if any, such amounts shall be payable upon notice from Mortgagee to Mortgagor requesting payment thereof and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred shall bear interest from the date of disbursement at the rate stated in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon Credit Agreement after the occurrence of an Event of Default, Beneficiary, . The entering upon and taking and maintaining of control of the Mortgaged Property by Mortgagee or the receiver and the application of rents as provided in addition to all rights and remedies available at law and/or this Mortgage shall not cure or waive any Event of Default or invalidate any other right or remedy of Mortgagee under this Deed Mortgage. Notwithstanding the appointment of Trustany receiver or other custodian, Mortgagee shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard secured party hereunder to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash deposits or receivers shall have all instrument at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedthis Mortgage to, Mortgagee.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the adequacy of any security, to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx sue for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminated.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs and is continuing, BeneficiaryMortgagee, in addition to all rights and remedies available at law and/or under this Deed of Trustthe extent permitted by law, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right, but shall not be obligated to, if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. To the extent permitted by law, Mortgagee may have a receiver appointed without notice to Mortgagor or any part)third party, and Mortgagee may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent Beneficiary deems advisablepermitted by law, Mortgagee shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionlaw, any receiver appointed on Mortgagee's behalf may be an Affiliate of Mortgagee. Trustor further agrees that Beneficiary also may The reasonable expenses, including receiver's fees, reasonable attorneys' fees, costs and agents' compensation, incurred pursuant to the powers herein contained shall be secured by this Mortgage. The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all earnings, revenues and receipts, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Mortgage, the other Secured Debt Documents or otherwise available to Mortgagee and all personal property contained may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Trust Property or used Secured Debt Documents. Mortgagee shall be liable to account only for such earnings, revenues and receipts (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs, Beneficiary, in addition to the extent permitted by law and subject to compliance with all rights and remedies available at law and/or under this Deed of Trustapplicable Nevada Gaming Laws, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. Beneficiary may have a receiver appointed without notice to Trustor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper waive any requirement that the receiver post a bond. Beneficiary shall have the power to conserve designate and select the value of Person who shall serve as the Trust Property, including the ability receiver and to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretionunder which such receiver shall serve. Trustor further agrees that Beneficiary also Any receiver appointed on Beneficiary's behalf may take possession be an Affiliate of Beneficiary. The expenses, including receiver's fees, attorneys' fees, costs and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it agent's compensation, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust Property, nor the collection of the Estate and to collect all Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the Guaranty or the other Loan Documents or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Mortgagee shall be entitled, at any time and as a matter of strict right, without notice and ex parte, and without regard to the value or occupancy of the security, or the solvency of Mortgagor or of any Borrower or any Guarantor, or the adequacy of any securitythe Mortgaged Property as security for the Mortgage Obligations, to have a receiver appointed to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession Mortgaged Property, collect the Rents and profits therefrom and apply the same as the court may direct, such receiver to have all the rights and powers permitted under the laws of the Trust jurisdiction in which the Mortgaged Property is located. Mortgagor hereby waives any requirements on the receiver or Mortgagee to Beneficiary post any surety or other bond. Mortgagee or the receiver. Beneficiary’s entry receiver may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablealso take possession of, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Propertyfor these purposes use, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in Personalty which is a part of the Trust Mortgaged Property or and used by Trustor Mortgagor in the rental or leasing of the Trust Property (thereof, or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole optionthereof. The expense (including receivers’ including, without limitation, the receiver’s fees, if any, and compensation to any agent appointed by Beneficiary, and attorney counsel fees, costs, costs and disbursementsMortgagee’s compensation) incurred in taking possession and effecting collection or attempting pursuant to take possession and effecting collection, will the powers herein contained shall be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed Mortgage. Mortgagee shall (after payment of Trustall costs and expenses incurred) apply such Rents, issues and profits received by it on the Mortgage Obligations in the order set forth in Section 7.7 hereof. Neither the entering upon The right to enter and taking take possession of the Trust Mortgaged Property, nor to manage and operate the collection of same, and to collect the Rents, nor the application issues and profits thereof, whether by receiver or release of these amounts will cure otherwise, shall be cumulative to any other right or waive any default remedy hereunder or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconductafforded by law, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only for such Rents, issues and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedprofits actually received by Mortgagee.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the adequacy of any security, to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents rents, issues, and profits (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents rents, issues, and profits collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rentsrents, issues, and profits, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by advances repayable as established in Paragraph 11 of this Deed of Trust12 above. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminated.

Receiver. Upon the occurrence and during the continuation of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trustthe extent permitted by law, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. To the extent permitted by law or Governmental Rule, Beneficiary may have a receiver appointed without notice to Grantor or any part)third party, and Beneficiary may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent permitted by law or Governmental Rule, Beneficiary deems advisable, shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionlaw or Governmental Rule, any receiver appointed on Beneficiary's behalf may be an Affiliate of Beneficiary. Trustor further agrees that Beneficiary also may take possession of The reasonable expenses, including receiver's fees, reasonable attorneys' fees and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it costs, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust PropertyEstate and to collect all earnings, nor the collection of the Rentsrevenues and receipts, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the other Loan Documents or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Loan Documents. Beneficiary shall be liable to account only for such earnings, revenues and receipts (including security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of If an Event of DefaultDefault has occurred and is continuing, BeneficiaryMortgagee, in addition to all rights the extent permitted by applicable law, including, without limitation, Gaming Laws and remedies available at law and/or under this Deed of Trustthe applicable jurisdiction if Gaming Authorities, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the Secured Obligations, shall be entitled as a matter of right if it so elects, to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. Mortgagee may have a receiver appointed without notice to Mortgagor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees Mortgagee may waive any requirement that Beneficiary will be entitled the receiver post a bond. Mortgagee shall have the power to do designate and perform any acts that Beneficiary may deem necessary or proper select the person who shall serve as the receiver and to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. Any receiver appointed on Mortgagee’s behalf may be an Affiliate of Mortgagee. The expenses, including receiver’s fees, attorneys’ fees and expenses, costs and agent’s compensation, incurred pursuant to the powers herein contained shall be secured by Beneficiary in its sole discretionthis Mortgage. Trustor further agrees that Beneficiary also may The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all Rents, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Mortgage or the Loan Documents or otherwise available to Mortgagee and all personal property contained in the Trust Property may be exercised concurrently therewith or used independently thereof. Mortgagee shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this Section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, subject to the Gaming Laws, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs, Beneficiary, in addition to the extent permitted by law and subject to compliance with all rights and remedies available at law and/or under this Deed of Trustapplicable Nevada Gaming Laws, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. Beneficiary may have a receiver appointed without notice to Trustor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper waive any requirement that the receiver post a bond. Beneficiary shall have the power to conserve designate and select the value of Person who shall serve as the Trust Property, including the ability receiver and to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretionunder which such receiver shall serve. Trustor further agrees that Beneficiary also Any receiver appointed on Beneficiary's behalf may take possession be an Affiliate of Beneficiary. The expenses, including receiver's fees, attorneys' fees, costs and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it agent's compensation, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust Property, nor the collection of the Estate and to collect all Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the Mortgage Notes Indenture or the other Indenture Documents or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Beneficiary shall be entitled, at any time and as a matter of strict right, without notice and ex parte, and without regard to the value or occupancy of the security, or the solvency of Grantor or of any Borrower or any Guarantor, or the adequacy of any securitythe Mortgaged Property as security for the Mortgage Obligations, to have a receiver appointed to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession Mortgaged Property, collect the Rents and profits therefrom and apply the same as the court may direct, such receiver to have all the rights and powers permitted under the laws of the Trust jurisdiction in which the Mortgaged Property is located. Grantor hereby waives any requirements on the receiver or Beneficiary to post any surety or other bond. Beneficiary or the receiver. Beneficiary’s entry receiver may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablealso take possession of, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Propertyfor these purposes use, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in Personalty which is a part of the Trust Mortgaged Property or and used by Trustor Grantor in the rental or leasing of the Trust Property (thereof, or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole optionthereof. The expense (including receivers’ including, without limitation, the receiver’s fees, if any, and compensation to any agent appointed by Beneficiary, and attorney counsel fees, costs, costs and disbursementsBeneficiary’s compensation) incurred in taking possession and effecting collection or attempting pursuant to take possession and effecting collection, will the powers herein contained shall be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither Beneficiary shall (after payment of all costs and expenses incurred) apply such Rents, issues and profits received by it on the entering upon Mortgage Obligations in the order set forth in Section 7.7 hereof. The right to enter and taking take possession of the Trust Mortgaged Property, nor to manage and operate the collection of same, and to collect the Rents, nor the application issues and profits thereof, whether by receiver or release of these amounts will cure otherwise, shall be cumulative to any other right or waive any default remedy hereunder or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconductafforded by law, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents, issues and pursued concurrently with the exercise of any other remedies of profits actually received by Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminated.

Receiver. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Mortgagee shall be entitled, at any time and as a matter of -------- strict right, without notice and upon ex parte application, and without regard to the adequacy value or occupancy of any the security, or the solvency of Mortgagors, or the adequacy or the Mortgaged Property or other collateral as security for the Notes, to have a receiver appointed to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession Mortgaged Property, collect the rents and all other sums payable under the Leases and apply the same as the court may direct, such receiver to have all the rights and powers permitted under the laws of the Trust jurisdiction in which the Mortgaged Property is located. Each Mortgagor hereby waives any requirements on the receiver or Mortgagee to Beneficiary post any surety or other bond. Mortgagee or the receiver. Beneficiary’s entry receiver may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablealso take possession of, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Propertyfor these purposes use, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in personalty which is a part of the Trust Mortgaged Property or and used by Trustor Mortgagors in the rental or leasing of the Trust Property (thereof or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole optionthereof. The expense (including receivers’ the receiver's fees, if any, and compensation to any agent appointed by Beneficiary, and attorney counsel fees, costs, costs and disbursementsagent's compensation) incurred in taking possession and effecting collection or attempting pursuant to take possession and effecting collection, will the powers herein contained shall be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither To the entering upon extent not prohibited by applicable law, Mortgagee shall (after payment of all costs and taking expenses incurred) apply such rents and other sums payable under the Leases received by it in the order set forth in Section 51. The right to enter and take possession of the Trust Mortgaged Property, nor to manage and operate the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconductsame, and all lossesto collect the rents and other sums payable under the leases whether by receiver or otherwise, costsshall be cumulative to any other right or remedy hereunder or afforded by law, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only for such rents and pursued concurrently with other sums payable under the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedLeases actually received by Mortgagee.

Receiver. Upon The court in which any proceeding is pending for the occurrence purpose of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the adequacy of any security, to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense foreclosure of this Deed of Trust to be paid or any court in the event the property is sold by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice power of sale may, at once or invalidate at any act done pursuant to the time thereafter, either before or after sale, without notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustorrequiring bond, and without regard to the solvency or insolvency of any person liable for payment of the Liabilities secured hereby, and without regard to the then value of the Trust Property Collateral or the interest of occupancy thereof as a homestead (and Trustor therein, and each such person shall be deemed to have the waived any right to apply require proof of any of the foregoing and consented to any court having jurisdiction to the appointment of such receiver), appoint a receiver or receivers (the provisions for the Trust Property appointment of a receiver and Trustor assignment of rents being an express condition upon which the Loans and other financial accommodations as provided in the Credit Agreement are made) for the benefit of Beneficiary, with power to collect the rents, issues and profits of the Collateral, due and to become due, during such foreclosure suit and the full statutory period of redemption notwithstanding any redemption. The receiver, out of such Rents, when collected, may pay costs incurred in the management and operation of the Collateral, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make and pay for any necessary repairs to the Collateral, and may pay all or any part of the Liabilities or other sums secured hereby irrevocably consents or any deficiency decree entered in such foreclosure proceedings. Upon or at any time after the filing of a suit to foreclose this Deed of Trust, the court in which such appointment and waives notice of any application therefor. Any such receiver or receivers suit is filed shall have all the usual powers and duties of receivers in like full power to enter an order placing Trustee or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale possession of the Trust Property unless such receivership is sooner terminatedCollateral with the same power granted to a receiver pursuant to this subparagraph and with all other rights and privileges of a mortgagee-in-possession under applicable law.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs, Beneficiary, in addition to the extent permitted by law and subject to compliance with all rights and remedies available at law and/or under this Deed of Trustapplicable Nevada Gaming Laws, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of Estate and to collect all Rents and apply the Trust Property to Beneficiary or same as the receiver. Beneficiary’s entry court may direct, and such receiver may be made appointed by any court of competent jurisdiction upon application by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of have a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and appointed without notice to Trustor or anyone claiming under Trustorany third party, and without regard to Beneficiary may waive any requirement that the value of the Trust Property or the interest of Trustor therein, receiver post a bond. Beneficiary shall have the power to designate and select the Person who shall serve as the receiver and to negotiate all terms and conditions under which such receiver shall serve. Any receiver appointed on Beneficiary's behalf may be an Affiliate of Beneficiary. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the powers herein contained shall be secured by this Leasehold Deed of Trust. The right to apply enter and take possession of and to any court having jurisdiction manage and operate the Trust Estate and to appoint collect all Rents, whether by a receiver or receivers otherwise, shall be cumulative to any other right or remedy available to Beneficiary under this Leasehold Deed of Trust, the Mortgage Notes Indenture or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers other custodian, Beneficiary shall have all be entitled as pledgee to the usual powers possession and duties control of receivers in like any cash, deposits, or similar cases and all instruments at the powers and duties time held by, or payable or deliverable under the terms of Beneficiary in case this Leasehold Deed of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of an any Event of Default, Beneficiary, in addition the Beneficiary shall have the right to all rights and remedies available at law and/or under obtain appointment of a receiver by any court of competent jurisdiction without notice to Grantor. By execution of this Deed of Trust, will the Grantor irrevocably consents to the ex parte appointment of such receiver. Such appointment shall be entitled, at any time and without notice as a matter of right and without regard to or the necessity to disprove the adequacy of the security for the Indebtedness hereby secured or the solvency of Grantor or any securityother person liable for the payment of the Indebtedness hereby secured, and Grantor and each other person so liable waives, or shall be deemed to have waived, such necessity and consent and shall be deemed to have consented to such appointment. Any order appointing such receiver may preclude any further transfer of an interest in, or encumbrance of, the Mortgaged Property without the consent of the receiver, may require that the Grantor turn over to the receiver any and all funds, documents, records and reports in its possession relating to the Mortgaged Property upon demand, shall permit the receiver to market the Mortgaged Property upon such terms and conditions as the receiver may deem appropriate, either directly or through the Beneficiary, and shall contain such other terms and conditions as the Beneficiary may deem necessary or appropriate. Such receiver shall be authorized and empowered to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Mortgaged Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained used upon or in connection with the Trust Property or used by Trustor in Mortgaged Premises and all bank accounts containing funds associated with the rental or leasing of Mortgaged Property, to let the Trust Property (or any part). Beneficiary may apply Mortgaged Property, to manage the Mortgaged Property, to receive all the Rents collected due or received by it to become due, and apply the Rents after payment of costs all necessary charges and expenses incurred in the operation to reduction of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part indebtedness hereby secured. At the option of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by the Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon receiver shall accomplish such entry and taking possession of the Trust Property, nor the collection of the Rents, nor the application Mortgaged Property by actual entry and possession or release of these amounts will cure or waive any default or by notice of sale or invalidate any act done pursuant to the notice Grantor. The receiver so appointed by a court of sale. In dealing with competent jurisdiction shall be empowered to issue receiver's certificates for funds advanced by the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 the purpose of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to protecting the value of the Trust Mortgaged Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers as security for the Trust Property indebtedness hereby secured. The amounts evidenced by receiver's certificates shall bear interest at the Default Rate, as defined in the Note, and Trustor hereby irrevocably consents may be added to such appointment and waives notice the cost of any application therefor. Any such receiver or receivers shall have all redemption if the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale owners of the Trust Property unless such receivership is sooner terminatedMortgaged Property, the Grantor, a junior lienholder or any other party redeems the Trustee's Sale.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs and is continuing, BeneficiaryMortgagee, in addition to the extent permitted by law and subject to compliance with all rights and remedies available at law and/or under this Deed of Trustapplicable Gaming Laws, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. Mortgagee may have a receiver appointed without notice to Borrower or Mortgagor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees Mortgagee may waive any requirement that Beneficiary will be entitled the receiver post a bond. Mortgagee shall have the power to do designate and perform any acts that Beneficiary may deem necessary or proper select the Person who shall serve as the receiver and to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. Any receiver appointed on Mortgagee’s behalf may be an Affiliate of Mortgagee. The expenses, including receiver’s fees, attorneys’ fees, costs and agent’s compensation, incurred pursuant to the powers herein contained shall be secured by Beneficiary in its sole discretionthis Mortgage. Trustor further agrees that Beneficiary also may The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all Rents, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Mortgage, the Credit Agreement, the Indenture, any other Indebtedness Document or otherwise available to Mortgagee and all personal property contained in the Trust Property may be exercised concurrently therewith or used independently thereof. Mortgagee shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this Section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.

Receiver. Upon the occurrence In case default be made in payment of an Event any indebtedness secured hereby or in performance of Defaultany of Trustor's agreements or obligations contained herein or within any other Related Documents, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will Beneficiary shall be entitled, entitled at any time and time, without notice and in its sole discretion, either by its agents, attorneys, employees, or by a receiver appointed by a court, and without regard to the adequacy of any securitysecurity for the indebtedness hereby secured, to enter upon and take possession of the Trust Property (or any part). part thereof, and Trustor will shall, upon demand demand, peaceably surrender possession of the Trust Property thereof to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiverif any. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the such extent as Beneficiary deems advisable, and Trustor agrees that Beneficiary will shall be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability and to xxx for and otherwise collect and receive all Rents (rents, issues and profits thereof, including those past due and unpaid as well as those later accruing) accruing thereafter, and the ability to may rent or lease the Trust Property (or any portion) portion thereof to the such person or persons and for such periods of time and on such terms and conditions approved by as Beneficiary in its sole discretiondiscretion may determine. Trustor further agrees that Beneficiary may also may take possession of of, and use use, any and all personal property contained in or on the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part)part thereof. Beneficiary may apply all the Rents such rents, issues and profits collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or Property, to protect and preserve its securitythe security thereof, or in the manner hereinabove specified in respect of proceeds of sale of the Trust Property, and in whatever order Beneficiary may permit any determines in its sole and absolute discretion. Any part of or all of these moneys to such monies may be released by Beneficiary at its sole option. The expense expenses (including receivers’ including, without limitation, receiver's fees, if any, and compensation to any agent appointed by Beneficiary, and attorney counsel fees, costs, and disbursements) incurred in taking possession of the Trust Property and effecting collection of such rents, issues and profits or attempting to take possession of the Trust Property and effecting said collection, will shall be deemed an expense or advancement under Section 14 of this Deed of Trust to be paid by Trustor and secured by this Deed of Trusthereby. Neither the entering upon and taking possession of the Trust Property, Property nor the collection of the Rentssuch rents, nor issues and profits and the application or release of these amounts will thereof as aforesaid, shall cure or waive any default or notice Notice of sale Sale hereunder or invalidate any act done pursuant to the notice of salesuch Notice. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will shall be without any liability, charge, charge or obligation therefor to Trustor or third parties, other than for willful misconduct, and all Trustor agrees to indemnify and hold Beneficiary harmless for, from and against any claims of such liability. All net losses, costs, costs and expenses incurred by Beneficiary will under the provisions of this Deed of Trust shall be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedSection 14 hereof.

Receiver. Upon Mortgagee may apply for, and as a matter of right, without consideration for the occurrence value of an Event the Mortgaged Property, or for the solvency of Defaultany person, Beneficiaryfirm, in addition to all rights and remedies available at law and/or under this Deed or corporation obligated for the payment of Trustthe amount due, will shall be entitled, at any time and without notice and without regard entitled to the adequacy appointment by any competent court or tribunal, without prior demand or notice to any party, of any securitya receiver of rents and profits and rental value of the Mortgaged Property, with power to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender Mortgaged Property, including possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, from Mortgagor if in its name and/or in the name of Trustor, may operate possession and maintain all or occupying any portion of the Trust Property to the extent Beneficiary deems advisableMortgaged Property, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust latter case to require Mortgagor, as a condition of remaining in possession and occupation to pay the reasonable rental value for the use and occupation thereof with further power to lease and repair the Mortgaged Property or used and to renovate same if Mortgagee reasonably deems renovation necessary and with such other powers as may be deemed necessary. Such receiver, after deducting all proper charges and expenses shall each month pay over to Mortgagee the residue of said rents and profits and rental value to be applied by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it Mortgagee to the payment of the amount remaining secured hereby or to any deficiency (whether or not any judgment therefor may be entered and irrespective of the market value of the Mortgaged Property) which may exist in the event of foreclosure by sale after applying the proceeds of the sale of the Mortgaged Property or the payment of the amount due, including interest, costs and expenses incurred of such foreclosure and sale, or in the operation event of strict foreclosure to the Trust Property or to protect and preserve its security, or Beneficiary may permit payment of any part of all of these moneys to be released by Beneficiary at its sole optiondeficiency existing thereunder. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred A receiver while in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Mortgaged Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply make repairs and to any court having jurisdiction make improvements necessary or advisable in its reasonable opinion to appoint preserve the Mortgaged Property or make and keep it rentable to the best advantage and the Mortgagee may advance moneys to a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application thereforpurpose. Any such monies so expended or advanced by Mortgagee or by a receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry be repaid so far as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale possible out of the Trust Property unless such receivership is sooner terminatedrents collected after payment of other expenses properly chargeable against said rents, and any unpaid balance of monies so advanced or expended shall be added to and become part of the debt secured by this Mortgage.

Receiver. Upon the occurrence of Following an Event of DefaultDefault and the expiration of any applicable cure or grace period, BeneficiaryMortgagee, in addition to all rights the extent permitted by law and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice applicable Gaming Control Acts and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. Mortgagee may have a receiver appointed without notice to Mortgagor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees Mortgagee may waive any requirement that Beneficiary will be entitled the receiver post a bond. Mortgagee shall have the power to do designate and perform any acts that Beneficiary may deem necessary or proper select the Person who shall serve as the receiver and to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. Any receiver appointed on Mortgagee's behalf may be an Affiliate of Mortgagee. The expenses, including receiver's fees, reasonable attorneys' fees, costs and agent's compensation, incurred pursuant to the powers herein contained shall be secured by Beneficiary in its sole discretionthis Leasehold Mortgage. Trustor further agrees that Beneficiary also may The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all Rents, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Leasehold Mortgage, the Indenture or otherwise available to Mortgagee and all personal property contained in the Trust Property may be exercised concurrently therewith or used independently thereof. Mortgagee shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Leasehold Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.

Receiver. Upon Mortgagee may apply for, and Mortgagee as a matter of right, without consideration of the occurrence value of an Event the Mortgaged Property as security for the amount due Mortgagee, or of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the adequacy solvency of any securityperson, firm or corporation obligated for the payment of such amount, shall be entitled to, the appointment by any competent court or tribunal, without prior demand or notice to enter upon any party, of a receiver of rents and take possession profits and rental value of the Trust Property (or any part). Trustor will upon demand peaceably surrender Mortgaged Property, including possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, from Mortgagor if in its name and/or in the name of Trustor, may operate possession and maintain all or occupying any portion of the Trust Property to the extent Beneficiary deems advisableMortgaged Property, and Trustor agrees that Beneficiary will in the latter case to require Mortgagor, as a condition of remaining in possession and occupation, to pay the reasonable rental value for the use and occupation thereof, with further power to lease and repair the Mortgaged Property and to renovate same to suit new tenants, and with such other powers as may be entitled to do deemed necessary, and perform any acts that Beneficiary may deem necessary or such receiver after deducting all proper to conserve charges and expenses attending the value execution of the Trust Propertysaid trust as receiver, including shall each month pay over to Mortgagee the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing residue of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received said rents and profits and rental value, to be applied by it Mortgagee to the payment of the amount remaining secured hereby, or to any deficiency (whether or not any judgment therefor may be entered and irrespective of the market value of the Mortgaged Property) which may exist in the event of foreclosure by sale after applying the proceeds of the sale of the Mortgaged Property to the payment of the amount due, including interest, costs and expenses incurred of such foreclosure and sale, or in the operation event of strict foreclosure to the Trust Property or to protect and preserve its security, or Beneficiary may permit payment of any part of all of these moneys to be released by Beneficiary at its sole optiondeficiency existing thereunder. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred A receiver while in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Mortgaged Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply make repairs and to any court having jurisdiction make improvements necessary or advisable in its or his opinion to appoint preserve the Mortgaged Property, or to make and keep them rentable to the best advantage, and Mortgagee may advance moneys to a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application thereforpurposes. Any such moneys so expended or advanced by Mortgagee or by a receiver shall be repaid so far as possible out of the rents collected after payment of other expenses properly chargeable against said rents, and any unpaid balance of moneys so advanced or receivers expended shall have all be added to and become a part of the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein debt secured by this Mortgage and shall continue as such and exercise all such powers until accrue interest at the date of confirmation of sale then highest effective rate stipulated in any of the Trust Property unless such receivership is sooner terminatedNotes.

Receiver. Upon Beneficiary as a matter of right, without consideration of the occurrence value of an Event of Default, the Mortgaged Property as security for the amount due Beneficiary, in addition or of the solvency of any person, firm or corporation obligated for the payment of such amount, shall be entitled to all rights and remedies available at law and/or under this Deed of Trustthe appointment by any competent court or tribunal upon ex parte application, will be entitled, at any time and without notice and without regard demand being hereby expressly waived, of a receiver of the Mortgaged Property, and the rents and profits and rental value thereof, with power to the adequacy of any security, to enter upon and take possession of the Trust Property (or any part). Trustor will upon demand peaceably surrender Mortgaged Property, including possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, from Grantor if in its name and/or in the name of Trustor, may operate possession and maintain all or occupying any portion of the Trust Property to the extent Beneficiary deems advisableMortgaged Property, and Trustor agrees that Beneficiary will in the latter case to require Grantor, as a condition of remaining in possession and occupation, to pay the reasonable rental value for the use and occupation thereof, with further power to lease and repair the Mortgaged Property and to renovate same to suit new tenants and with such other powers as may be entitled to do deemed necessary, and perform any acts that Beneficiary may deem necessary or such receiver after deducting all proper to conserve charges and expenses attending the value execution of the Trust Propertysaid trust as receiver, including shall each month pay over to Beneficiary the ability residue of the said rents and profits and rental value, to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved be applied by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of the amount remaining secured hereby, or to any deficiency (whether or not any judgment therefor may be entered and irrespective of the market value of the Mortgaged Property) which may exist in the event of foreclosure by sale after applying the proceeds of the sale of the Mortgaged Property to the payment of the amount due, including interest, costs and expenses incurred of such foreclosure and sale, or in the operation event of strict foreclosure to the payment of any deficiency existing thereunder. A receiver, while in possession of the Trust Property Mortgaged Property, shall have the right to make repairs and to make improvements necessary or advisable in its or his opinion to preserve the Mortgaged Property, or to protect make and preserve its securitykeep them rentable to the best advantage, or and Beneficiary may permit advance moneys to a receiver for such purposes. Any moneys so expended or advanced by Beneficiary or by a receiver shall be repaid so far as possible out of the rents collected after payment of other expenses properly chargeable against said rents, and any unpaid balance of moneys so advanced or expended shall be added to and become a part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and the debt secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may be sought and pursued concurrently with the exercise of any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminated.; or

Receiver. Upon If a Trigger Event shall have occurred and be continuing and Mortgagee shall have received the occurrence Senior Party Certificates from the Required Senior Parties pursuant to Section 2.3(a) of an Event of Defaultthe Collateral Agency Agreement, BeneficiaryMortgagee, in addition to all rights and remedies available at law and/or under this Deed of Trust, will be entitled, at any time and without notice and without regard to the value or adequacy of any securitysecurity for the Secured Obligations and without regard for the solvency of the Mortgagor, shall be entitled as a matter of right if it so elects, without notice to Mortgagor except as provided below, to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (or any part)and to collect all Income and apply the same in accordance with the Indenture and this Mortgage. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisableMortgagor agrees to, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Propertydoes consent to, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretion. Trustor further agrees that Beneficiary also may take possession of and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may in the circumstance described in the preceding sentence. Notwithstanding the foregoing, if a Trigger Event shall have occurred and be sought continuing and pursued concurrently with Mortgagee shall have received the exercise Senior Party Certificates from the Required Senior Parties pursuant to Section 2.3(a) of the Collateral Agency Agreement, and in the event of threatened waste to any other remedies part of Beneficiarythe Mortgaged Property (but not actual waste), including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without Mortgagee shall provide notice to Trustor or anyone claiming under Trustor, and without regard to the value Mortgagor of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction its intention to appoint a receiver or receivers for and shall permit Mortgagor a reasonable period of time to eliminate the Trust threatened waste prior to the appointment of a receiver. The expenses, including receiver's fees, reasonable attorneys' fees, costs and agent's compensation, incurred pursuant to the powers herein contained shall be Secured Obligations secured by the lien of this Mortgage. The right to enter and take possession of and to operate, manage and control the Mortgaged Property and Trustor hereby irrevocably consents to such appointment and waives notice collect all Income, whether by a receiver or otherwise, shall be cumulative of any application thereforother right or remedy hereunder or afforded by law and may be exercised concurrently therewith or independently thereof. Any Mortgagee shall be liable to account only for such receiver Income as is actually received by Mortgagee, whether received pursuant to this SECTION 7.8 or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedSECTION 7.2 hereof.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs and is continuing, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trustthe extent permitted by law, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. To the extent permitted by Applicable Law, Beneficiary may have a receiver appointed without notice to Trustor or any part)third party, and Beneficiary may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent permitted by Applicable Law, Beneficiary deems advisable, shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionApplicable Law, any receiver appointed on Beneficiary's behalf may be an Affiliate of Beneficiary. Trustor further agrees that Beneficiary also may take possession of The reasonable expenses, including receiver's fees, reasonable attorneys' fees, costs and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it agents' compensation, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust PropertyMortgaged Property and to collect all earnings, nor the collection of the Rentsrevenues and receipts, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the other Financing Documents or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Financing Documents. Beneficiary shall be liable to account only for such earnings, revenues and receipts (including security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence and during the continuation of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trustthe extent permitted by law, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. To the extent permitted by law or Governmental Rule, Beneficiary may have a receiver appointed without notice to Grantor or any part)third party, and Beneficiary may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent permitted by law or Governmental Rule, Beneficiary deems advisable, shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionlaw or Governmental Rule, any receiver appointed on Beneficiary's behalf may be an Affiliate of Beneficiary. Trustor further agrees that Beneficiary also may take possession of The reasonable expenses, including receiver's fees, reasonable attorneys' fees and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it costs, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust PropertyEstate and to collect all earnings, nor the collection of the Rentsrevenues and receipts, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the other Note Documents or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Note Documents. Beneficiary shall be liable to account only for such earnings, revenues and receipts (including security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs, Beneficiary, to the extent permitted by law and in addition accordance with all applicable Gaming Laws, and subject to all rights the terms and remedies available at law and/or under this Deed conditions of Trustthe Intercreditor Agreement, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. Beneficiary may have a receiver appointed and shall promptly notify Trustor of such appointment of a receiver, and Beneficiary may have a receiver appointed and shall promptly notify Trustor of such appointment of a receiver, and Beneficiary may waive any requirement that the receiver post a bond; provided, however, that failure to notify Trustor or any part). Trustor will upon demand peaceably surrender possession other third party shall not affect the enforceability of the Trust Property to Beneficiary or any actions taken by the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in Beneficiary shall have the name of Trustor, may operate power to designate and maintain select the Person who shall serve as the receiver and to negotiate all or any portion of the Trust Property to the extent Beneficiary deems advisable, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretionunder which such receiver shall serve. Trustor further agrees that Beneficiary also Any receiver appointed on Beneficiary's behalf may take possession be an Affiliate of Beneficiary. The expenses, including receiver's fees, attorneys' fees, costs and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it agent's compensation, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust Property, nor the collection of the Estate and to collect all Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the Indenture or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Beneficiary, whether received pursuant to this section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs, Beneficiary, in addition to the extent permitted by law and subject to compliance with all rights and remedies available at law and/or under this Deed of Trustapplicable Nevada Gaming Laws, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Property (Estate and to collect all Rents and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Beneficiary. Beneficiary may have a receiver appointed without notice to Trustor or any part). Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to the extent Beneficiary deems advisablethird party, and Trustor agrees that Beneficiary will be entitled to do and perform any acts that Beneficiary may deem necessary or proper waive any requirement that the receiver post a bond. Beneficiary shall have the power to conserve designate and select the value of Person who shall serve as the Trust Property, including the ability receiver and to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved by Beneficiary in its sole discretionunder which such receiver shall serve. Trustor further agrees that Beneficiary also Any receiver appointed on Beneficiary's behalf may take possession be an Affiliate of Beneficiary. The expenses, including receiver's fees, attorneys' fees, costs and use any and all personal property contained in the Trust Property or used by Trustor in the rental or leasing of the Trust Property (or any part). Beneficiary may apply all the Rents collected or received by it agent's compensation, incurred pursuant to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to powers herein contained shall be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon The right to enter and taking take possession of and to manage and operate the Trust Property, nor the collection of the Estate and to collect all Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred whether by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that the appointment of a receiver may or otherwise, shall be sought and pursued concurrently with the exercise of cumulative to any other remedies of Beneficiary, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition right or remedy available to all rights and remedies available at law and/or Beneficiary under this Deed of Trust, the Credit Agreement or otherwise available to Beneficiary and may be exercised concurrently therewith or independently thereof. Beneficiary shall be liable to account only for such Rents (including, without limitation, security deposits) actually received by Beneficiary, whether received pursuant to this Section or any other provision hereof. Notwithstanding the appointment of any receiver or other custodian, Beneficiary shall be entitled as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard pledgee to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property possession and Trustor hereby irrevocably consents to such appointment and waives notice control of any application therefor. Any such receiver cash, deposits, or receivers shall have all instruments at the usual powers and duties time held by, or payable or deliverable under the terms of receivers in like or similar cases and all the powers and duties this Deed of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedto, Beneficiary.

Receiver. Upon the occurrence of If an Event of DefaultDefault occurs and is continuing, BeneficiaryMortgagee, in addition to all rights and remedies available at law and/or under this Deed of Trustthe extent permitted by law, will be entitled, at any time and without notice and without regard to the value, adequacy or occupancy of any securitythe security for the indebtedness and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Trust Mortgaged Property (and to collect all earnings, revenues and receipts and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction upon application by Mortgagee. To the extent permitted by law or Legal Requirement, Mortgagee may have a receiver appointed without notice to Mortgagor or any part)third party, and Mortgagee may waive any requirement that the receiver post a bond. Trustor will upon demand peaceably surrender possession of the Trust Property to Beneficiary or the receiver. Beneficiary’s entry may be made by Beneficiary’s agents, attorneys, or employees or by a court-appointed receiver. Beneficiary, in its name and/or in the name of Trustor, may operate and maintain all or any portion of the Trust Property to To the extent Beneficiary deems advisablepermitted by law or Legal Requirement, Mortgagee shall have the power to designate and Trustor agrees that Beneficiary will be entitled select the Person who shall serve as the receiver and to do and perform any acts that Beneficiary may deem necessary or proper to conserve the value of the Trust Property, including the ability to xxx for and otherwise collect and receive negotiate all Rents (including those past due and unpaid as well as those later accruing) and the ability to rent or lease the Trust Property (or any portion) to the persons on terms and conditions approved under which such receiver shall serve. To the extent permitted by Beneficiary in its sole discretionlaw or Legal Requirement, any receiver appointed on Mortgagee’s behalf may be an Affiliate of Mortgagee. Trustor further agrees that Beneficiary also may The reasonable expenses, including receiver’s fees, reasonable attorneys’ fees, costs and agents’ compensation, incurred pursuant to the powers herein contained shall be secured by this Mortgage. The right to enter and take possession of and use to manage and operate the Mortgaged Property and to collect all earnings, revenues and receipts, whether by a receiver or otherwise, shall be cumulative to any other right or remedy available to Mortgagee under this Mortgage, the Intercreditor Agreement, the Guarantee and all personal property contained Collateral Agreement or otherwise available to Mortgagee and may be exercised concurrently therewith or independently thereof, but such rights shall be exercised in a manner which is otherwise in accordance with and consistent with the Trust Property or used Intercreditor Agreement. Mortgagee shall be liable to account only for such earnings, revenues and receipts (including, without limitation, security deposits) actually received by Trustor in the rental or leasing of the Trust Property (Mortgagee, whether received pursuant to this section or any part)other provision hereof. Beneficiary may apply all the Rents collected or received by it to the payment of costs and expenses incurred in the operation of the Trust Property or to protect and preserve its security, or Beneficiary may permit any part of all of these moneys to be released by Beneficiary at its sole option. The expense (including receivers’ fees, if any, and compensation to any agent appointed by Beneficiary, and attorney fees, costs, and disbursements) incurred in taking possession and effecting collection or attempting to take possession and effecting collection, will be deemed an expense of this Deed of Trust to be paid by Trustor and secured by this Deed of Trust. Neither the entering upon and taking possession of the Trust Property, nor the collection of the Rents, nor the application or release of these amounts will cure or waive any default or notice of sale or invalidate any act done pursuant to the notice of sale. In dealing with the Trust Property or any related personal property as a beneficiary in possession, Beneficiary will be without any liability, charge, or obligation to Trustor other than for willful misconduct, and all losses, costs, and expenses incurred by Beneficiary will be advancements covered by Paragraph 11 of this Deed of Trust. Trustor specifically agrees that Notwithstanding the appointment of a any receiver may or other custodian, Mortgagee shall be sought entitled as pledgee to the possession and pursued concurrently with the exercise control of any other remedies cash, deposits, or instruments at the time held by, or payable or deliverable under the terms of Beneficiarythis Mortgage to, including exercise of Trustee’s power of sale. Upon the occurrence of an Event of Default, Beneficiary, in addition to all rights and remedies available at law and/or under this Deed of Trust, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the value of the Trust Property or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers for the Trust Property and Trustor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided herein and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Property unless such receivership is sooner terminatedMortgagee.