Common use of Additional Rights Clause in Contracts

Additional Rights. To the extent permitted by applicable law, the holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, Mortgagee, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall the Mortgagor consent to any holder of any subordinate lien or subordinate mortgage deed of trust joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of DefaultEnforcement Event, Mortgageethe Mortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with the Mortgagee under this Mortgage against all or any part of the Secured Obligations. Any such application shall not be construed to cure or waive any Default or Enforcement Event of Default or invalidate any act taken by the Mortgagee on account of such Default or Event of DefaultEnforcement Event.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease in any trustee’s sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance continuation of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or ------------------ subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining join any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, acting at the direction of the Majority Holders, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage Mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage Mortgage joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries mortgagees under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or Mortgagee contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate subordinated mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Mortgage, nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the such lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any If an Event of DefaultDefault occurs and is continuing, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsObligations as more fully set forth in the Indenture. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining join any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or mortgagee contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of 23 its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage 29 28 Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or ----------------- subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease lease affecting the Property whether or not such Lease lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Leaselease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining join any tenant under any Lease in any trustee’s sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate subordinated mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Mortgage, nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the such lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any If an Event of DefaultDefault occurs and is continuing, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsObligations as more fully set forth in the Credit Agreement. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor Grantor consent to any holder of any subordinate lien or subordinate mortgage deed of trust joining any tenant under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed to secure debt on the Mortgaged Subject Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed to secure debt join any tenant under any Lease in any action to foreclose the lien or exercise the rights under such deed to secure debt or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed all holders or subordinate lienholders and the trustees and beneficiaries under subordinate mortgages liens or deeds to secure debt are subject to and notified of this provision, and any action taken by any such lienholder holder contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeGrantee may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed, apply all or any part of any amounts on deposit with Mortgagee Grantee under this Mortgage Deed against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Grantee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall the Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, Mortgageethe Mortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with the Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by the Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall the Mortgagor consent to any holder of any subordinate lien or subordinate mortgage deed of trust joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of DefaultEnforcement Event, Mortgageethe Mortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with the Mortgagee under this Mortgage against all or any part of the Secured Obligations. Any such application shall not be construed to cure or waive any Default or Enforcement Event of Default or invalidate any act taken by the Mortgagee on account of such Default or Event of Default.Enforcement Event. 509265-1725-11432-13209999

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Trust ‘Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining join any tenant under any Lease in any trustee’s sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By Lease in any recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. , Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining join any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or mortgagee contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.. 24 23

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Trust Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed of Trust nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease in any trustee’s sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed of Trust all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeBeneficiary may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed of Trust, apply all or any part of any amounts on deposit with Mortgagee Beneficiary under this Mortgage Deed of Trust against all or any part of the Term Loan Secured Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Beneficiary on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or ----------------- subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease lease affecting the Property whether or not such Lease lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining deed of trust join any tenant under any Lease lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Leaselease. By recordation of this Mortgage all subordinate lienholders and the trustees and beneficiaries mortgagees under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsIndebtedness. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage Mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage Mortgage joining any tenant under any Lease in any trustee’s sale or action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Mortgage, all subordinate lienholders and the trustees and beneficiaries under subordinate mortgages deeds of trust are subject to and notified of this provision, and any action taken by any such lienholder or trustee or Mortgagee contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the ObligationsObligations in such order and manner as Mortgagee may determine in its absolute discretion. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.. 

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall the Mortgagor consent to any holder of any subordinate lien or subordinate mortgage joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder penholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, Mortgageethe Mortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with the Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by the Mortgagee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed to secure debt on the Mortgaged Secured Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Deed nor shall Mortgagor Grantor consent to any holder of any subordinate lien or subordinate mortgage deed to secure debt joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Deed all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, MortgageeGrantee may, in its sole discretion and without regard to the adequacy of its security under this MortgageDeed, apply all or any part of any amounts on deposit with Mortgagee Grantee under this Mortgage Deed against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee Grantee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed to secure debt on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage Security Deed nor shall Mortgagor the Grantor consent to any holder of any subordinate lien or subordinate mortgage deed to secure debt joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage Security Deed all subordinate lienholders and the trustees and beneficiaries grantees under subordinate mortgages deed to secure debt are subject to and notified of this provision, and any action taken by any such lienholder or grantee contrary to this provision shall be null and void. Upon the occurrence and during the continuance of any Event of Default, Mortgageethe Grantee may, in its sole discretion and without regard to the adequacy of its security under this MortgageSecurity Deed, apply all or any part of any amounts on deposit with Mortgagee the Grantee under this Mortgage Security Deed against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee the Grantee on account of such Default or Event of Default.

Additional Rights. To the extent permitted by applicable law, the The holder of any subordinate lien or subordinate mortgage deed of trust on the Mortgaged Property shall have no right to terminate any Lease whether or not such Lease is subordinate to this Mortgage nor shall Mortgagor consent to any holder of any subordinate lien or subordinate mortgage deed of trust joining any tenant under any Lease in any action to foreclose the lien or modify, interfere with, disturb or terminate the rights of any tenant under any Lease. By recordation of this Mortgage all subordinate lienholders and the trustees mortgagees and beneficiaries under subordinate mortgages are subject to and notified of this provision, and any action taken by any such lienholder or beneficiary contrary to this provision shall be null and void. Upon Subject to the Intercreditor Agreement, upon the occurrence and during the continuance of any Event of Default, MortgageeMortgagee may, in its sole discretion and without regard to the adequacy of its security under this Mortgage, apply all or any part of any amounts on deposit with Mortgagee under this Mortgage against all or any part of the Obligations. Any such application shall not be construed to cure or waive any Default or Event of Default or invalidate any act taken by Mortgagee on account of such Default or Event of Default.