Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No right, power or remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Holder is intended to be exclusive of any other right, power or remedy or remedies, and each and every such right, power and remedy shall shall, to the extent permitted by Applicable Law, be cumulative and shall be in addition to every other right, power or remedy given under this Mortgage hereunder or now or hereafter existing at law law, in equity or by statute. The Holder shall have the power to waive any Default or Event of Default, provided such waiver is obtained in equityaccordance with Article 14, and shall not constitute a waiver of any other or subsequent Default or Event of Default. Any No delay or omission of the Mortgagee to Holder or Holders in the exercise of any right right, power or power remedy accruing on upon any Default or Event of Default shall not impair any such right right, power or power and remedy or shall not be construed to be a waiver of or acquiescence in any such Default or Event of DefaultDefault or an acquiescence therein. Every right, power and remedy given to the Holder by this Mortgage Debenture or under Applicable Law may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Holder. In case the Holder shall have proceeded to enforce any right under this Debenture and the proceedings for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Holder, then and in every such case, the Corporation and the Holder shall, without any further action hereunder, to the full extent permitted by Applicable law, subject to any determination in such order proceedings, severally and manner as the Mortgageerespectively, in its sole discretionbe restored to their former positions and rights hereunder and thereafter all rights, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver remedies and powers of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, Holder shall continue as though no such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountproceeding had been taken.

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the case may be. To the extent permitted by applicable law, in no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any upon the occurrence of an Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Performance Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations and Performance Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Beneficiary shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or reserved enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive Deed of Trust and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagee Trustor hereunder shall be implied from any omission by Beneficiary to exercise take any right action on account of such default if such default persists or power accruing on is repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the Default Rate from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Beneficiary at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee or any Lender accepts any monies required to be paid by the Mortgagor under this Mortgage or any other Loan Document after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee or any Lender accepts any monies required to be paid by the Mortgagor under this Mortgage or any other Loan Document in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary's right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment of the indebtedness and performance of the Indebtedness and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness may now or hereafter be otherwise secured, whether by deed of trust, deed to secure debt, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to the Mortgagee or to which they may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as Mortgagee. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Mortgagee shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Mortgage or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or reserved enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive of and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagor hereunder shall be implied from any omission by Mortgagee to exercise take any right action on account of such default if such default persists or power accruing on is repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the Default Rate from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Mortgagee at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Credit Facility Documents, Additional Debt Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee, acting at the direction of the Majority Holders, shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Credit Facility Documents and the Additional Debt Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, acting at the direction of the Majority Holders, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Leases and Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies, in the absence of gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Secured Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed to Secure Debt is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed to Secure Debt or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed to Secure Debt may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed to Secure Debt or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Lessor shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise or cause Deed of Trust Trustee to exercise all rights and powers under this Memorandum of Lease or under any of the other Operative Documents or other agreement or any Applicable Laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Memorandum of Lease nor its enforcement shall prejudice or in any manner affect Lessor’s or Deed of Trust Trustee’s right to realize upon or enforce any other security now or hereafter held by Lessor or Deed of Trust Trustee, it being agreed that Lessor shall be entitled to enforce or cause Deed of Trust Trustee to enforce this Memorandum of Lease and any other security now or hereafter held by Lessor or Deed of Trust Trustee in such order and manner as Lessor or Deed of Trust Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lessor or Deed of Trust Trustee is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Operative Documents to Lessor or Deed of Trust Trustee or to which they may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the MortgageeLessor. In no event shall Lessor or Deed of Trust Trustee, in its sole discretionthe exercise of the remedies provided in this Memorandum of Lease (including in connection with the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property or Lessee Collateral), may elect. If be deemed a “grantee in possession” unless and until Lessor or Deed of Trust Trustee takes possession of the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance Mortgaged Property or Lessee’s Collateral and Lessor or Deed of Trust Trustee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Collateral Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Collateral Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, Deed of Trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary’s or Trustee’s rights to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary or Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. Except as otherwise provided by applicable law, in its sole discretionno event shall Beneficiary, may elect. If in the Mortgagee accepts exercise of the remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents to Beneficiary or Trustee, or the appointment of a receiver and the entry of such receiver on to all or any monies required to part of the Trust Property), be paid by the Mortgagor under this Mortgage after the same become due, such acceptance deemed a “mortgagee in possession,” and Beneficiary nor Trustee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Trustor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Trustor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Trustor to pay the entire sum then due, and the MortgagorTrustor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to ----------------------- enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon ---------------------- or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. .. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any upon the occurrence of an Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement between Mortgagee and Mortgagor or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies, except to the extent resulting from the gross negligence or willful misconduct of Mortgagee, any other Indemnities or any contractor of Mortgagee or any Indemnities.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Trustee or Beneficiary or to which either of them may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. No waiver of any default of the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts Trustor hereunder shall be implied from any monies required to be paid omission by the Mortgagor under this Mortgage after Beneficiary to take any action on account of such default if such default persists or be repeated, and no express waiver shall affect any default other than the same become duedefault specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the penalty or default rate from the date of delinquency, such acceptance together with any required late charge, shall not constitute a waiver of the right either of Beneficiary at any time thereafter to require prompt paymentdemand and collect payment of interest at such default rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Remedies Not Exclusive. In addition to any rights and remedies that Mortgagee may have under the Credit Agreement and the other Loan Documents, Mortgagee shall be entitled to exercise all rights and powers under this Mortgage or under any applicable Laws now or hereafter in force with respect hereto, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall not be required to look first to, enforce or exhaust any other security, collateral or guaranties and that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby Law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to which Mortgagee or to which it is otherwise entitled may be exercised concurrently or independently from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the accordance therewith. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee is entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or under any Loan Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement whether by court action or other powers herein contained, will prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee is entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be is cumulative and shall be is in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which Mortgagee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by Mortgagee and Mortgagee may pursue inconsistent remedies. Upon any sale made under or by virtue of this Article III, Mortgagee may bid for and then acquire the Mortgaged Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting upon the Obligations of Mortgagor the net sales price after deducting therefrom the reasonable expenses of the sale and the costs of the action and any other sums which the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required is authorized to be paid by the Mortgagor deduct under this Mortgage after the same become due, such acceptance shall not constitute a waiver or under any of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountLoan Documents.

Remedies Not Exclusive. In addition to any rights and remedies that Mortgagee may have under the Credit Agreement and the other Loan Documents, Mortgagee shall be entitled to exercise all rights and powers under this Mortgage or under any applicable Laws now or hereafter in force with respect hereto, notwithstanding that some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, Lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall not be required to look first to, enforce or exhaust any other security, collateral or guaranties and that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby Law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which Mortgagee is otherwise entitled may be exercised concurrently or independently from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the accordance therewith. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Mortgage and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement between Mortgagee and Mortgagor or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except to the extent resulting from the gross negligence or willful misconduct of Mortgagee, any other Indemnitee, or any contractor of Mortgagee or any Indemnitee. No failure to exercise or delay in exercising any remedy or right hereunder, under any other Loan Document or under applicable law shall be construed as a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an any Event of Default with regard to subsequent defaultshereunder or under any other Loan Document. If The acceptance by Mortgagee or the Mortgagee accepts Secured Parties of any monies required to be paid by the Mortgagor under this Mortgage in an amount payment less than the sum then due, such acceptance amount of the Obligations in question shall be deemed to be an acceptance on account only and on the condition that it shall not constitute be construed as a waiver of any Event Default hereunder or under any other Loan Document with respect thereto. If Mortgagee has proceeded to enforce any remedy or right hereunder or with respect hereto by foreclosure, sale, entry or otherwise, it may compromise, discontinue or abandon such proceeding for any reason without notice to Mortgagor or any other Person, other than as may be required under the obligation of Credit Agreement or the Mortgagor to pay Guarantee, and, in the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due event that any such proceeding shall be discontinued, abandoned or determined adversely for any reason, Mortgagor and continue Mortgagee shall retain and be restored to be a default their former positions and rights hereunder notwithstanding acceptance of with respect to the Mortgaged Property, subject to the Lien hereof except to the extent any such amount on accountadverse determination specifically provides to the contrary.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee, or to which Mortgagee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electpursue inconsistent remedies. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Mortgagee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Mortgagee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Mortgagee to any action or inaction of Debtor which is subject to consent or approval of Mortgagee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies. 29.

Remedies Not Exclusive. (a) No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or any other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Except as otherwise provided herein, neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesin any of the other Loan Documents or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any Every power or remedy to which the Mortgagee is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, and the Mortgagee may pursue inconsistent remedies. No delay or omission of the Mortgagee to exercise any right or power accruing on upon any Event of Default shall not impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Mortgagee shall have proceeded to invoke any right or remedy hereunder or under the Loan Documents and shall thereafter elect to discontinue or abandon it for any reason, the Mortgagee shall have the unqualified right to do so and, in such an event, the rights and remedies of the Mortgagee shall continue as if such right or power remedy had never been invoked and no such discontinuance or abandonment shall not be construed waive any Event of Default which may then exist or the right of the Mortgagee thereafter to be a waiver of exercise any right or acquiescence in any remedy under the Loan Documents for such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce ---------------------- payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations and to exercise all rights and powers under this Mortgage or under any of the other Transaction Documents or any laws now or hereafter in force, notwithstanding that some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee's rights to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Transaction Documents to the Mortgagee or to which the Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on account.remedies. 509265-1725-14564-13386715 10

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative cumulative, and shall be in addition addition, to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or Table of Contents remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy conferred upon or reserved In addition to the Mortgagee by rights and remedies available to the Lender under this Mortgage Agreement and under any of the Loan Documents, upon an Event of Default, the Lender shall have all of the remedies of a secured party under the Uniform Commercial Code as adopted in New York or the state in which any Deposit Account or where any Property Account is intended located (the “Uniform Commercial Code”), including, without limitation, the right and power to be take immediate and exclusive possession of any other remedy Property Account or remediesany Deposit Account and to direct the disposition thereof, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage without any additional consent or now or hereafter existing at law or in equity. Any delay or omission authorization of the Mortgagee Borrower. The Deposit Bank and the Clearing Bank are hereby irrevocably authorized and directed, without any additional consent or authorization of Borrower, to exercise deliver any right Property Account or power accruing on any Deposit Account and all Account Proceeds to Lender upon Lender’s instruction or to follow Servicer’s instructions as to the disposition of any Property Account or any Deposit Account pursuant hereto. The Deposit Bank and the Clearing Bank have no obligation to determine whether an Event of Default has occurred under the Loan Documents or to follow the instructions of the Borrower, but shall not impair act solely at the instruction of the Lender or Servicer disregarding any such right instruction of the Borrower. The remedies of the Lender under this Agreement and under the Loan Documents are cumulative, and the exercise of any one or power and more of the remedies under the foregoing agreements or the Uniform Commercial Code shall not be construed to be as a waiver of any of the other remedies of the Lender. The acceptance by the Lender of the security interest granted herein shall not waive or acquiescence in impair any other security the Lender may have or hereafter acquire, nor shall the taking of any such Event of Default. Every power and remedy given by this Mortgage additional security waive or impair the security interest granted hereby, or any term, covenant or condition herein contained, but the Lender may be exercised from time resort to time concurrently or independently, when and as often as any security it may be deemed expedient by have in the Mortgagee in such order and manner as the Mortgagee, in it may deem proper at its sole and absolute discretion, may elect. If the Mortgagee accepts any monies required The Borrower acknowledges and agrees that all payments from each Property Account and each Deposit Account pursuant to this Agreement are deemed to be paid by the Mortgagor made at Borrower’s direction. By exercising any of its rights or remedies under this Mortgage after the same become dueAgreement (including, such acceptance shall not constitute a waiver without limitation, taking possession of the right either to require prompt paymentany Property Account or any Deposit Account), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance neither Servicer nor Lender shall be deemed an acceptance on account only to have exercised any equitable right of setoff or foreclosed any statutory banker’s lien. Accordingly, the exercise of any or all of Servicer’s or Lender’s rights and on the condition that it remedies under this Agreement shall not constitute in any way prejudice or affect Servicer’s or Lender’s right to initiate and complete a waiver judicial or nonjudicial foreclosure under the Mortgages or any of the obligation other Loan Documents. This Agreement evidences the consensual granting of the Mortgagor to pay the entire sum then due, a personal property security interest in each Property Account and each Deposit Account and the Mortgagor’s failure to pay Account Proceeds as permitted by the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountUniform Commercial Code.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s or Agency’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. (a) No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.subsequent

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under the Guaranty Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Mortgage, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Guaranty Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Leases and Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Beneficiary and Mortgage Trustee shall be entitled to enforce payment and performance of all of the Obligations and to exercise all rights and powers under this Deed of Trust, the Guarantees, the Indenture, the Term Loan Agreement, the Note Documents or the Term Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Mortgage Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Mortgage Trustee, it being agreed that Beneficiary and Mortgage Trustee shall, to the extent permitted by applicable law, be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Mortgage Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Beneficiary or Mortgage Trustee is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay To the extent permitted by applicable law, every power or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this any of the Note Documents or the Term Loan Documents to Beneficiary or Mortgage Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Mortgage Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Mortgage Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents to require prompt paymentBeneficiary, when dueor the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Estate), of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Mortgage Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Trustee or Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Trustee or Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Trustee or Beneficiary in such order and manner as the MortgageeTrustee or Beneficiary, in its sole discretion, may elect. If the Mortgagee Trustee or Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Noteholder Secured Obligations and performance of the Grantor’s obligations under the Indenture Documents and the Security Documents and to exercise all rights and powers under this Deed of Trust or under any of the other Indenture Documents or Security Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of such obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in their absolute discretion, subject to the terms of the Intercreditor Agreement. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Indenture Documents or Security Documents to Beneficiary or Trustee or to which any of them may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a “mortgagee in possession,” and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this his Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become becomes due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. The Mortgagee shall be entitled to ---------------------- enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Credit Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee's right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Credit Documents to the Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as Mortgagee. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including in connection with the Assignment of Leases, may elect. If or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies, except for its gross negligence or willful misconduct.

Remedies Not Exclusive. Grantee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed to Secure Debt or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Deed to Secure Debt, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed to Secure Debt nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Grantee’s right to realize upon or enforce any other security now or hereafter held by Grantee, it being agreed that Grantee shall be entitled to enforce this Xxxxxxxx Xx. 00000 GE No. 8004-0863 0000 Xxxxxx Xxxx Albany, Georgia Deed to Secure Debt and any other security now or hereafter held by Grantee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Grantee, or to which Grantee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Grantee. Grantee may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s failure of Grantor to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Grantee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Grantee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Grantee to any action or inaction of Grantor which is subject to consent or approval of Grantee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by Mortgage, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Leases and Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “Mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies moneys required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s 's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy conferred action for the enforcement of the lien or any provision hereof shall be subject to any defense which would not be good and available to the party interposing same in an action at law upon the Note. Lender shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or reserved enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to the Mortgagee by enforce this Mortgage is intended to be exclusive Deed of Trust and any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any delay or omission No waiver of any default of the Mortgagee Grantor hereunder shall be implied from any omission by Lender to exercise take any right action on account of such default if such default persists or power accruing on be repeated, and no express waiver shall affect any Event default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No acceptance of any payment of any one or more delinquent installments which does not include interest at the penalty or Default Rate (as defined in the Note) from the date of delinquency, together with any required late charge, shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either of Lender at any time thereafter to require prompt paymentdemand and collect payment of interest at such Default Rate or of late charges, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountif any.

Remedies Not Exclusive. The Grantee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed to Secure Debt or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed to Secure Debt nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Grantee's right to realize upon or enforce any other security now or hereafter held by the Grantee, it being agreed that the Grantee shall be entitled to enforce this Deed to Secure Debt and any other security now or hereafter held by the Grantee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Grantee is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Grantee, and manner the Grantee may pursue inconsistent remedies. No delay or omission of the Grantee to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Grantee shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Grantee shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Grantee shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Grantee thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment and performance of the Note Obligations and to exercise all rights and powers under this Deed of Trust, any other Note Obligation Document, or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Note Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion, subject to the provisions of the Collateral Agency Agreement. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any document evidencing the Note Obligations to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Agreement and the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee's rights to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Agreement and the other Loan Documents to the Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to The cumulative rights of Mortgagee arising under the Mortgagee by clauses and covenants contained in this Mortgage is intended shall be separate, distinct and cumulative and none of them shall be construed to be exclusive nor an election to proceed under any one provision herein to the exclusion of any other remedy provision, anything herein or remediesotherwise to the contrary notwithstanding. In addition to any remedies provided herein for Default hereof, Mortgagee shall have all other remedies allowed under the laws of the State of Michigan, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission the laws of the United States. No failure on the part of Mortgagee to exercise any right or power accruing on of its rights hereunder arising upon any Event of Default shall not impair any such right or power and shall not be construed to be a waiver prejudice its rights in the event of any other or acquiescence in any such Event of subsequent Default. Every power and remedy given by this Mortgage No delay on the part of Mortgagee in exercising any of such rights shall be construed to preclude it from the exercise thereof at any time during the continuance of such Default. Mortgagee may be exercised from time to time concurrently enforce any one or independently, when and as often as may be deemed expedient by the Mortgagee more remedies or rights hereunder in such order and manner as the Mortgageeit may determine, in successively or concurrently at its sole discretion, may electoption. If the Mortgagee accepts By accepting payment or partial payment of any monies required to be paid by the Mortgagor under this Mortgage sums secured hereby after the same become duedue date thereof, such acceptance Mortgagee shall not constitute a waiver make an accommodation or thereby waive the agreement herein contained that time is of the essence, nor shall Mortgagee waive either any of its remedies or options or its right either to require prompt payment, payment when due, due of all other sums secured by or to consider failure so to pay a Default hereunder. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to declare an Event of Default with regard other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to subsequent defaults. If the Mortgagee accepts realize upon or enforce any monies required to be paid other security now or hereafter held by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountMortgagee.

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender or Trustee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, Xxxxxxxx Xx. 00000 GE No. 8004-3736 Dunn, North Carolina shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage Collateral Trustee herein or in the other Trust Security Documents is intended to be exclusive of any other remedy or remedies, and each and but every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage conferred herein or in any other Trust Security Document or now or hereafter existing at law or in equityequity or by statute. Any No delay or omission of by the Mortgagee Collateral Trustee to exercise any right right, remedy or power accruing on hereunder or under any Event of Default other Trust Security Document shall not impair any such right right, remedy or power and or shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every thereof, and every right, power and remedy given by this Mortgage may Agreement or any other Trust Security Document to the Collateral Trustee may, subject to the terms hereof, be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electCollateral Trustee. If the Mortgagee accepts Collateral Trustee shall have proceeded to enforce any monies required right, remedy or power under this Agreement or any other Trust Security Document and the proceeding for the enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Trustee, then the Grantors, the Collateral Trustee and the Secured Parties shall, subject to any determination in such proceeding, severally and respectively be paid restored to their former positions and rights hereunder or thereunder with respect to the Trust Estate and in all other respects, and thereafter all rights, remedies and powers of the Collateral Trustee shall continue as though no such proceeding had been taken. All rights of action and of asserting claims upon or under this Agreement and the other Trust Security Documents may be enforced by the Mortgagor under this Mortgage after Collateral Trustee without the same become duepossession of any Secured Instrument or instrument evidencing any Secured Obligation or the production thereof at any trial or other proceeding relative thereto, such acceptance and any suit or proceeding instituted by the Collateral Trustee shall not constitute a waiver be, subject to Section 5.10(d)(ii), brought in its name as Collateral Trustee and any recovery of judgment shall be held as part of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountTrust Estate.

Remedies Not Exclusive. No remedy conferred upon or reserved The Administrative Agent shall be entitled to the Mortgagee by this Mortgage is intended to be exclusive enforce payment and performance of any other remedy or remedies, Secured Obligations hereby and each to exercise all rights and every such remedy shall be cumulative and shall be in addition to every other remedy given powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter existing at law in force, notwithstanding some or in equity. Any delay or omission all of the Mortgagee to exercise any right Secured Obligations may now or power accruing on any Event hereafter be otherwise secured, whether by mortgage, deed of Default shall not impair any such right trust, pledge, lien, assignment or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultotherwise. Every power and or remedy given by this Mortgage any of the Loan Documents to the Administrative Agent, or to which the Administrative Agent may be otherwise entitled, may be exercised without prejudice to any other power or remedy, concurrently, independently, in any order and in any manner from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electAdministrative Agent. If the Mortgagee accepts any monies required No remedy or power is intended to be paid exclusive of any other power or remedy and the Administrative Agent may pursue inconsistent remedies. The acceptance by any of the Mortgagor under this Mortgage Agents or the Banks of any sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an Event a default as herein provided. The acceptance by any of Default with regard to subsequent defaults. If the Mortgagee accepts Agents or the Banks of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Fine Host to pay the entire sum then due, and the Mortgagor’s failure of Fine Host to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding such acceptance of such amount on account, as aforesaid. Consent by any of the Agents or the Banks to any action or inaction of Fine Host which is subject to consent or approval of the Administrative Agent hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions. Nothing contained in this Mortgage shall be construed to constitute any of the Agents or the Banks as a "mortgagee in possession" in the absence of its taking actual possession of the Mortgaged Estate pursuant to the powers granted herein.

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee Beneficiary by this Mortgage Deed to Secure Debt is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed to Secure Debt or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed to Secure Debt may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed to Secure Debt or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies moneys required to be paid by the Mortgagor Grantor under this Mortgage Deed to Secure Debt in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy conferred upon or ---------------------- reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor such Grantor to pay the entire sum then due, and the Mortgagor’s such Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time successively, concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor any Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor such Grantor to pay the entire sum then due, and the Mortgagor’s such Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account. No actions taken by Beneficiary shall be deemed to cure or waive any Event of Default or waive, modify or affect notice of Event of Default or invalidate any act done pursuant to such notice.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Mortgagee's right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Mortgagee is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretionand the Mortgagee may pursue inconsistent remedies. No delay or omission of the Mortgagee to, may electexercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Mortgagee shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Mortgagee shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the right of the Mortgagee accepts thereafter to exercise any monies required to be paid by right or remedy under the Mortgagor under this Mortgage in an amount less than the sum then due, Secured Debt Agreements for such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver Event of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, to the extent permitted by applicable law, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies. 29.

Remedies Not Exclusive. Beneficiary shall be entitled to enforce payment and performance of any Accelerated Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Accelerated Obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Beneficiary's right to realize upon or enforce any other security now or hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary, or to which Beneficiary may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electBeneficiary. If the Mortgagee accepts The acceptance by Beneficiary of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Beneficiary of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Beneficiary to any action or inaction of Debtor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Table of Contents Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Loan Obligations and to exercise all rights and powers under this Mortgage or under any other of the Loan Documents or other agreement or under any laws now or hereafter in force, notwithstanding that some or all of the Loan Obligations may now or hereafter be otherwise secured, whether by mortgages, deeds of trust, deeds to secure debt, pledges, liens, assignments or otherwise. Neither the acceptance of this Mortgage nor its enforcement shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee as security for the performance of Mortgagor's obligations under the Loan Documents, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee as security for the performance of Mortgagor's obligations under the Loan Documents in such order and manner as it may in its absolute discretion determine. No right or remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other right and remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which it otherwise may be entitled, may be exercised concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, and it may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountpursue inconsistent remedies.

Remedies Not Exclusive. No remedy conferred upon or reserved Mortgagee shall be entitled to the Mortgagee by this Mortgage is intended to be exclusive enforce payment of any indebtedness and performance of any other remedy obligations secured hereby and to exercise all rights and powers under this Mortgage, under the Subsidiary Guaranty or remediesunder any other Loan Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness and each and every such remedy obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be cumulative entitled to enforce this Mortgage and shall be any other security now or hereafter held by Mortgagee in addition to every other remedy given such order and manner as it may in its absolute discretion determine. All rights and remedies existing under this Mortgage are cumulative to, and not exclusive of, any rights or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultremedies otherwise available. Every power and or remedy given by this Mortgage Mortgage, the Subsidiary Guaranty or any other Loan Document to Mortgagee or to which it may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by Mortgagee. This Mortgage may be foreclosed at any time against all or successively against any part or parts of the Mortgage Estate as Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under , and this Mortgage after and the same become due, such acceptance right of foreclosure hereunder shall not constitute a waiver be impaired or exhausted by one or any foreclosure or by one or any sale and may be foreclosed successively and in parts until all of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance Estate shall be deemed an acceptance on account only have been foreclosed and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountsold.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or Table of Contents under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall, be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary or Trustee is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the MortgageeBeneficiary or Trustee. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents to require prompt paymentBeneficiary; or the appointment of a receiver and the entry of such receiver on to all or any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a “mortgagee in possession,” and on neither Beneficiary-nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver exercise of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountsuch. remedies.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations and to exercise all rights and powers under this Mortgage or under any of the other Transaction Documents or any laws now or hereafter in force, notwithstanding that some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Transaction Documents to the Mortgagee or to which the Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. The Grantee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed To Secure Debt or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed To Secure Debt nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Grantee’s right to realize upon or enforce any other security now or hereafter held by the Grantee, it being agreed that the Grantee shall be entitled to enforce this Deed To Secure Debt and any other security now or hereafter held by the Grantee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage to which the Grantee is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Grantee, and manner the Grantee may pursue inconsistent remedies. No delay or omission of the Grantee to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Grantee shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Grantee shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Grantee shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Grantee thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Holder by this Mortgage Debenture is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Debenture or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Holder to exercise any right or power accruing on any upon the occurrence of an Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Debenture may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Holder in such order and manner as the MortgageeHolder, in its sole discretion, may elect. If the Mortgagee Holder accepts any monies moneys required to be paid by the Mortgagor Debtor under this Mortgage Debenture after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Debenture or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Holder accepts any monies moneys required to be paid by the Mortgagor Debtor under this Mortgage Debenture in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s Debtor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy herein or in any other document conferred upon on or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, under this Mortgage any other Document or now or hereafter existing at law or in equity. Any Notwithstanding anything herein to the contrary, in any non-judicial, public or private sale or sales under the Uniform Commercial Code or in any judicial foreclosure and sale of the Receivables Collateral, the Receivables Collateral may be sold in any commercially reasonable manner whatsoever not prohibit by law. No delay or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of any default or acquiescence in therein or a waiver of any right or power; and every such Event of Default. Every right and power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by expedient. Lender's acceptance of any performance due hereunder which does not comply strictly with the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required terms hereof shall not be deemed to be paid a waiver of any right of Lender to strict Performance by the Mortgagor under this Mortgage after the same become due, such acceptance Borrower. Acceptance of past due amounts or partial payments shall not constitute a waiver of full and timely payment of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Obligations. No Event of Default with regard to subsequent defaults. If Default, declaration of the Mortgagee accepts any monies required unpaid principal of the Loan to be paid by the Mortgagor under this Mortgage in an amount less than the sum then dueimmediately due and payable or exercise of any other right or remedy upon default shall stay, such acceptance shall be deemed an acceptance waive, or otherwise affect Lender's right to receive payments on account only and on the condition that it shall not constitute a waiver other proceeds of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountReceivables Collateral.

Remedies Not Exclusive. The Beneficiary will be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust, any Loan Documents, or any laws now or in the future in force, notwithstanding some or all of the Obligations which may now or in the future be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment. Or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, will prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or in the future held by the Beneficiary. Beneficiary will be entitled to enforce this Deed of Trust and any other security now or in the future held by the Beneficiary in any order and manner as it may in its absolute discretion determine. No remedy conferred upon or reserved to the Mortgagee Beneficiary by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter in the future existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to the Beneficiary, or to which the Beneficiary may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Beneficiary. The Beneficiary may electpursue inconsistent remedies. If the Mortgagee accepts any monies required to be paid The acceptance by the Mortgagor under this Mortgage Beneficiary of any sum after the same become due, such acceptance shall amounts are due will not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event a default as provided under this Deed of Default with regard to subsequent defaultsTrust. If the Mortgagee accepts any monies required to be paid The acceptance by the Mortgagor under this Mortgage Beneficiary of any sum in an amount less than the sum then due, such acceptance shall due will be deemed an acceptance on account only and only on the condition (whether expressed or not) that it shall Beneficiary’s acceptance will not constitute a waiver of the obligation of the Mortgagor Trustor to pay the entire sum then due, and . Any failure of the Mortgagor’s failure Trustor to pay the entire sum then due shall will be and continue to be a default hereunder an Event of Default notwithstanding any acceptance of such any lesser amount on account. Until all of the amounts due under this Deed of Trust or any of the other Loan Documents are paid in full, the Beneficiary and Trustee, notwithstanding either of their acceptance of any amounts on account or any future amounts on account, are entitled to exercise any and all rights described in this Deed of Trust, and none of those rights will be impaired or eliminated by any acceptance of any amounts on account. Consent by the Beneficiary to any action or inaction of the Trustor which is subject to consent or approval of the Beneficiary will not be deemed a waiver of the right to require the consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Bank by this Mortgage Loan Agreement is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Loan Agreement or in any other Loan Document or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Bank to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Loan Agreement or in any other Loan Document may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electBank. If the Mortgagee Bank accepts any monies moneys required to be paid by the Mortgagor Borrower under this Mortgage Loan Agreement after the same become becomes due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage the Loan Documents or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Bank accepts any monies moneys required to be paid by the Mortgagor Borrower under this Mortgage Loan Agreement in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s Borrower's failure to pay the entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Beneficiary and Trustee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, shall prejudice or in any manner affect Beneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Beneficiary or Trustee, it being agreed that Beneficiary and Trustee shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Trustee or Beneficiary is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Beneficiary or Trustee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Beneficiary or Trustee, as the Mortgageecase may be. In no event shall Beneficiary or Trustee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver exercise of the right either remedies provided in this Deed of Trust (including, without limitation, in connection with the assignment of Rents, or the appointment of a receiver and the entry of such receiver on to require prompt paymentall of any part of the Trust Property), when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only a "mortgagee in possession," and on neither Beneficiary nor Trustee shall in any way be made liable for any act, either of commission or omission, in connection with the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee to exercise any right or power accruing on upon the occurrence and during the continuance of any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, whether or not purporting to be in “accord and satisfaction” or delivered with words of similar import, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Grantee shall be entitled to enforce payment and performance of any Secured Obligations hereby and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by security deed, mortgage, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to other powers herein contained, shall prejudice or in any manner affect Grantee’s right to realize upon or enforce any other security now or hereafter held by Grantee, it being agreed that Grantee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Grantee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Grantee is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Grantee, or to which Grantee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Grantee. Grantee may elect. If the Mortgagee accepts pursue inconsistent remedies The acceptance by Grantee of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an Event a default as herein provided. The acceptance by Grantee of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s failure of Grantor to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default notwithstanding such acceptance of such amount on account, as aforesaid. Grantee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Grantee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Grantee to any action or inaction of Grantor which is subject to consent or approval of Grantee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Mortgage or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee, or to which Mortgagee may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee. Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may electpursue inconsistent remedies. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the The acceptance by Mortgagee accepts of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Debtor to pay the entire sum then due, and the Mortgagor’s failure of Debtor to pay such entire sum then due as contemplated by Section 4.01(b) shall be an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Mortgagee shall be, at all times thereafter and until the entire sum then due shall have been paid, and notwithstanding the acceptance by Mortgagee thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be and continue to be a default hereunder notwithstanding acceptance impaired, whether any of such amount on accountamounts are received prior or subsequent to such proceeding, election or exercise. Consent by Mortgagee to any action or inaction of Debtor which is subject to consent or approval of Mortgagee hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions, unless otherwise specifically provided therein.

Remedies Not Exclusive. No remedy conferred upon or reserved Mortgagee shall be entitled to the Mortgagee by this Mortgage is intended to be exclusive enforce payment of any indebtedness and performance of any other remedy or remedies, obligations secured hereby and each to exercise all rights and every such remedy shall be cumulative and shall be in addition to every other remedy given powers under this Mortgage or under any other Secured Credit Document or other agreement or any laws now or hereafter existing at law in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to other powers herein contained, shall prejudice or in equityany manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as it may in its absolute discretion determine. Any delay All rights and remedies existing under this Mortgage are cumulative to, and not exclusive of, any rights or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultremedies otherwise available. Every power and or remedy given by this Mortgage or any other Secured Credit Document to Mortgagee or to which it may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by Mortgagee. This Mortgage may be foreclosed at any time against all or successively against any part or parts of the Mortgage Estate as Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under , and this Mortgage after and the same become due, such acceptance right of foreclosure hereunder shall not constitute a waiver be impaired or exhausted by one or any foreclosure or by one or any sale and may be foreclosed successively and in parts until all of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance Estate shall be deemed an acceptance on account only have been foreclosed and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountsold.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary and/or Trustee by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary or Trustee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the Mortgagor’s Grantor's failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Lender shall be entitled to enforce payment and performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under any Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Lender’s right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Lender is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Lender, or to which Lender may be exercised otherwise entitled, may be exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, Lender. Lender may electpursue inconsistent remedies. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum after the same become due, such acceptance is due shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums hereby secured by this Mortgage or to declare an a subsequent Event of Default with regard to subsequent defaultsas herein provided. If the Mortgagee accepts The acceptance by Lender of any monies required to be paid by the Mortgagor under this Mortgage sum in an amount less than the sum then due, such acceptance due shall be deemed an acceptance on account only and on the upon condition that it shall not constitute a waiver of the obligation of the Mortgagor Borrower to pay the entire sum then due, and the Mortgagor’s failure of Borrower to pay the such entire sum then due shall be and continue to be a default hereunder an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Lender or Trustee shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have been paid, and notwithstanding the acceptance by Lender thereafter of further sums on account, or otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to such proceeding, election or exercise. Consent by Lender to any action or inaction of Borrower which is subject to consent or approval of Lender hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions or inactions.

Remedies Not Exclusive. No remedy conferred upon or reserved to The cumulative rights of Mortgagee and Deed of Trust Trustee arising under the Mortgagee by clauses and covenants contained in this Mortgage is intended shall be separate, distinct and cumulative and none of them shall be construed to be exclusive nor an election to proceed under any one provision herein to the exclusion of any other remedy provision, anything herein or remediesotherwise to the contrary notwithstanding. In addition to any remedies provided herein for an event of default hereunder, each of Deed of Trust Trustee and Mortgagee shall have all other remedies allowed under the laws of the State of Idaho, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage or now or hereafter existing at law or in equity. Any delay or omission the laws of the United States. No failure on the part of either Deed of Trust Trustee or Mortgagee to exercise any right or power accruing on of its rights hereunder arising upon any Event event of Default default shall not impair any such right or power and shall not be construed to prejudice its rights in the event of any other or subsequent event of default. No delay on the part of either Deed of Trust Trustee or Mortgagee in exercising any of such rights shall be a waiver construed to preclude it from the exercise thereof at any time during the continuance of such event of default. Mortgagee may enforce any one or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently more remedies or independently, when and as often as may be deemed expedient by the Mortgagee rights hereunder in such order and manner as the Mortgageeit may determine, in successively or concurrently at its sole discretionoption. By accepting payment or partial payment of any sum secured hereby after its due date, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver make an accommodation or thereby waive the agreement herein contained that time is of the essence, nor shall Mortgagee waive any of its remedies or options or its right either to require prompt payment, payment when due, due of all other sums secured by or to consider failure so to pay an event of default hereunder. Neither the acceptance of this Mortgage nor its enforcement, whether by court action pursuant to other powers herein contained, shall prejudice or in any manner affect Mortgagee’s right to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts realize upon or enforce any monies required to be paid other security now or hereafter held by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountMortgagee.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations and to exercise all rights and powers under this Mortgage or under any of the other Transaction Documents or any laws now or hereafter in force, notwithstanding that some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect the Mortgagee's rights to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as the Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or 509265-1725-11432-13209999 reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Transaction Documents to the Mortgagee or to which the Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall the Mortgagee, in its sole discretionthe exercise of the remedies provided in this Mortgage (including, may elect. If without limitation, in connection with the assignment of Rents to the Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Mortgagor Obligation Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Mortgagor Obligation Documents to Mortgagee or to which it may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Deed of Trust or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by the Beneficiary, it being agreed that the Beneficiary shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage Beneficiary is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every Amended and Restated Deed of Trust — ______ County, NC power and or remedy given by this Mortgage to which the Beneficiary is entitled may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order Beneficiary, and manner the Beneficiary may pursue inconsistent remedies. No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed as the Mortgagee, in its sole discretion, may electa waiver of any Event of Default or any acquiescence therein. If the Mortgagee accepts Beneficiary shall have proceeded to invoke any monies required right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to be paid by discontinue or abandon it for any reason, the Mortgagor under this Mortgage after Beneficiary shall have the same become dueunqualified right to do so and, in such acceptance shall not constitute a waiver an event, the rights and remedies of the Beneficiary shall continue as if such right either to require prompt paymentor remedy had never been invoked, when due, of all other sums secured by this Mortgage but no such discontinuance or to declare an abandonment shall waive any Event of Default with regard to subsequent defaults. If which may then exist or the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver right of the obligation Beneficiary thereafter to exercise any right or remedy under the Secured Debt Agreements for such Event of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on accountDefault.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or any of the other Loan Documents or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage or its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Mortgagee's right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesin any of the other Loan Documents or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any Every power or remedy to which the Mortgagee is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, and the Mortgagee may pursue inconsistent remedies. No delay or omission of the Mortgagee to exercise any right or power accruing on upon any Event of Default shall not impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Mortgagee shall have proceeded to invoke any right or remedy hereunder or under the other Loan Documents and shall thereafter elect to discontinue or abandon it for any reason, the Mortgagee shall have the unqualified right to do so and, in such an event, the rights and remedies of the Mortgagee shall continue as if such right or power remedy had never been invoked and no such discontinuance or abandonment shall not be construed waive any Event of Default which may then exist or the right of the Mortgagee thereafter to be a waiver of exercise any right or acquiescence in any remedy under the Loan Documents for such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. No remedy conferred upon or reserved to the Mortgagee Beneficiary and/or Trustee by this Mortgage Deed of Trust is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage Deed of Trust or now or hereafter existing at law or in equity. Any delay or omission of the Mortgagee Beneficiary to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Default. Every power and remedy given by this Mortgage Deed of Trust may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee Beneficiary in such order and manner as the MortgageeBeneficiary, in its sole discretion, may elect. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage Deed of Trust or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee Beneficiary accepts any monies required to be paid by the Mortgagor Grantor under this Mortgage Deed of Trust in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor Grantor to pay the entire sum then due, and the MortgagorGrantor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Transaction Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner affect Mortgagee’s right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Transaction Documents to Mortgagee or to which Mortgagee may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.

Remedies Not Exclusive. The Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security deed, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect the Mortgagee’s right to realize upon or enforce any other security now or hereafter held by the Mortgagee, it being agreed that the Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by the Mortgagee in such order and manner as it may in its absolute and sole discretion and election determine. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesin any of the other Secured Debt Agreements or by law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equityequity or by statute. Any Every power or remedy to which the Mortgagee is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, and the Mortgagee may pursue inconsistent remedies. No delay or omission of the Mortgagee to exercise any right or power accruing on upon any Event of Default shall not impair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Mortgagee shall have proceeded to invoke any right or remedy hereunder or under any other Secured Debt Agreement, and shall thereafter elect to discontinue or abandon it for any reason, the Mortgagee shall have the unqualified right to do so and, in such an event, the rights and remedies of the Mortgagee shall continue as if such right or power remedy had never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which may then exist Amended and shall not be construed Restated Mortgage — Cherokee County, SC or the right of the Mortgagee thereafter to be a waiver of exercise any right or acquiescence in any remedy under the Secured Debt Agreements for such Event of Default. Every power and remedy given by this Mortgage may be exercised from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner as the Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage after the same become due, such acceptance shall not constitute a waiver of the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance of such amount on account.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, shall prejudice or in any manner Table of Contents affect Mortgagee’s rights to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to the Mortgagee by this Mortgage is intended to be exclusive of any other remedy herein or remediesby law provided or permitted, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Mortgage hereunder or now or hereafter existing at law or in equity. Any delay equity or omission of the Mortgagee to exercise any right or power accruing on any Event of Default shall not impair any such right or power and shall not be construed to be a waiver of or acquiescence in any such Event of Defaultby statute. Every power and or remedy given by this Mortgage any of the Loan Documents to Mortgagee or to which either may otherwise be entitled, may be exercised exercised, concurrently or independently, from time to time concurrently or independently, when and as often as may be deemed expedient by the Mortgagee in such order and manner Mortgagee, as the case may be. In no event shall Mortgagee, in its sole discretion, may elect. If the Mortgagee accepts any monies required to be paid by exercise of the Mortgagor under remedies provided in this Mortgage after (including, without limitation, in connection with the same become dueassignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such acceptance receiver on to all or any part of the Mortgaged Property), be deemed a “mortgagee in possession,” and Mortgagee shall not constitute a waiver in any way be made liable for any act, either of commission or omission, in connection with the right either to require prompt payment, when due, of all other sums secured by this Mortgage or to declare an Event of Default with regard to subsequent defaults. If the Mortgagee accepts any monies required to be paid by the Mortgagor under this Mortgage in an amount less than the sum then due, such acceptance shall be deemed an acceptance on account only and on the condition that it shall not constitute a waiver of the obligation of the Mortgagor to pay the entire sum then due, and the Mortgagor’s failure to pay the entire sum then due shall be and continue to be a default hereunder notwithstanding acceptance exercise of such amount on accountremedies.