Common use of Remedies Not Exclusive Clause in Contracts

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 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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's right Beneficiary’s rights to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary, as the case may be. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, including in connection with the assignment of Rents to MortgageeBeneficiary, 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 “Beneficiary in possession," ” and Mortgagee Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

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 right 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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers granted under this Mortgage or under the Credit Agreement or the Notes or under any of the other Loan Documents Instruments or other agreement or under any laws Laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed 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 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 Mortgagee, in such order and manner as Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by the Credit Agreement, this Mortgage or any of the Loan Documents Instruments to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeEvery right, in the exercise of the remedies provided in power or remedy given by this Mortgage (includingto the Mortgagee may be exercised by Agent on behalf of all Secured Parties pursuant to the Credit Agreement, without limitation, in connection with the assignment of Rents to Mortgagee, whether so expressed 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesnot.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations or any obligations secured hereby and to exercise all rights and powers under this Junior 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 Obligations and obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Junior Mortgage nor its enforcement, whether by court action or pursuant to the power of sale or the 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, Mortgagee it being agreed that Mortgagee shall be entitled to enforce this Junior Mortgage and any other security now or hereafter held by Mortgagee in such order and manner as Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it Mortgagee may be otherwise be entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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 mortgagedeed of trust, Deed of Trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's right Beneficiary’s or Trustee’s rights to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary or Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In Except as otherwise provided by applicable law, in no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary or Trustee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

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 right ’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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage Deed of Trust or under any of the other Loan 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Collateral Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Note or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage Memorandum of Lease or under any of the other Loan Operative Documents or other agreement or any laws 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 Mortgage Memorandum of Lease nor its enforcement, enforcement shall prejudice or in any manner affect Mortgagee's Lessor’s or Deed of Trust Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeLessor or Deed of Trust Trustee, it being agreed that Mortgagee Lessor shall be entitled to enforce or cause Deed of Trust Trustee to enforce this Mortgage Memorandum of Lease and any other security now or hereafter held by Mortgagee Lessor or Deed of Trust Trustee in such order and manner as Mortgagee Lessor or Deed of Trust Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Lessor or Deed of Trust Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Operative Documents to Mortgagee Lessor or Deed of Trust Trustee or to which it they may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeLessor. In no event shall MortgageeLessor or Deed of Trust Trustee, in the exercise of the remedies provided in this Mortgage Memorandum of Lease (including, without limitation, including in connection with the assignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged PropertyProperty or Lessee Collateral), be deemed a "mortgagee “grantee in possession," ” unless and Mortgagee until Lessor or Deed of Trust Trustee takes possession of the Mortgaged Property or Lessee’s Collateral and Lessor or Deed of Trust Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee 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 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 and Performance Obligations may now or hereafter be otherwise secured, whether by mortgagedeed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee Beneficiary in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 Mortgagee's Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary, and either of them may pursue inconsistent remedies. In no event The failure on the part of Beneficiary to promptly enforce any right hereunder shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of not operate as a receiver and the entry waiver of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesright.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or Deed of Trust, under any of the other Loan Documents Instrument or other agreement or agreement, and under any laws now or hereafter in force, notwithstanding that some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee may determine they or either of them in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee “Beneficiary in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment and performance of the Obligations any obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents or other agreement or any laws Governmental Requirements now or hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeBeneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary, or to which it Beneficiary may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such Beneficiary may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee shall The Beneficiary will be entitled to enforce payment and performance of the any Obligations and to exercise all rights and powers under this Mortgage or under Deed of Trust, any of the other Loan Documents or other agreement Documents, or any laws now or hereafter in the future in force, notwithstanding some or all of the Obligations which may now or hereafter in the future be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or assignment. Or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall 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 Mortgagee's the Beneficiary’s right to realize upon or enforce any other security now or hereafter in the future held by Mortgagee, it being agreed that Mortgagee shall the Beneficiary. Beneficiary will be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter in the future held by Mortgagee the Beneficiary in such any order and manner as Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee the Beneficiary by this Deed of Trust is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder under this Deed of Trust or now or hereafter in the future existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee the Beneficiary, or to which it the Beneficiary may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Beneficiary. In no event shall Mortgagee, in The Beneficiary may pursue inconsistent remedies. The acceptance by the exercise Beneficiary of any sum after the amounts are due will not constitute a waiver of the remedies right either to require prompt payment, when due, of all other sums secured by this Deed of Trust or to declare a default as provided under this Deed of Trust. The acceptance by the Beneficiary of any sum in an amount less than the sum then due will be deemed an acceptance on account only and only on the condition (whether expressed or not) that Beneficiary’s acceptance will not constitute a waiver of the obligation of the Trustor to pay the entire sum then due. Any failure of the Trustor to pay the entire sum then due will be and continue to be an Event of Default notwithstanding any acceptance of 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 Mortgage (includingDeed of Trust, without limitation, in connection with and none of those rights will be impaired or eliminated by any acceptance of any amounts on account. Consent by the assignment of Rents Beneficiary to Mortgagee, any action or the appointment of a receiver and the entry of such receiver on to all or any part inaction of the Mortgaged Property), Trustor which is subject to consent or approval of the Beneficiary will not be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either waiver of commission the right to require the consent or omission, in connection with the exercise of such remediesapproval to future or successive actions or inactions.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary and either of them may pursue inconsistent remedies. In No waiver of any default of the Trustor hereunder shall be implied from any omission by the Beneficiary to take any action on account of such default if such default persists or be repeated, and no event express waiver shall Mortgagee, affect any default other than the default specified in the exercise 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, together with any required late charge, shall constitute a waiver of the remedies provided in this Mortgage (includingright of Beneficiary at any time thereafter to demand and collect payment of interest at such default rate or of late charges, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesif any.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Secured Obligations or any obligations secured hereby 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 Obligations and obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed 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 the 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, 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 it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it Mortgagee may be otherwise be entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies. 29.

Remedies Not Exclusive. Mortgagee Collateral Agent shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Collateral Agent’s right to realize upon or enforce any other security now or hereafter held by MortgageeCollateral Agent, it being agreed that Mortgagee Collateral Agent shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Collateral Agent in such order and manner as Mortgagee Collateral Agent may determine in its absolute discretionreasonably determine. No remedy herein conferred upon or reserved to Mortgagee Collateral Agent is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any this Deed of the Loan Documents Trust to Mortgagee Collateral Agent or to which it Collateral Agent may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeCollateral Agent. In no event shall MortgageeCollateral Agent, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee Collateral Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers remedies under this Mortgage, the Mortgage Notes or under any of the other Loan Documents or other agreement otherwise at law or any laws now or hereafter in forceequity, notwithstanding that some or all of the Obligations Indebtedness and obligations secured hereby 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 hereunder, under any of the other Loan Documents or otherwise in such order and manner as Mortgagee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein available hereunder, under any of the other Loan Documents or by otherwise available at law provided or permittedin equity, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statuteequity. Every power right or remedy given by any of the Mortgage Notes, the other Loan Documents or this Mortgage to Mortgagee or to which it either of them may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time Beneficiary is independent and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the exercise of Trustor to the extent such remediesaction is permitted by law.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall each be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, 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 Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Lender shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or the Note 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 said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, enforcement shall prejudice or in any manner affect MortgageeLender's right to realize upon or enforce any other security now or hereafter held by MortgageeLender, it being agreed that Mortgagee Lender shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee Lender in such order and manner as Mortgagee Lender may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Lender is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now not or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Lender or to which it may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of a receiver Lender and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such it may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee The Beneficiary shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage or under any Deed of the other Loan Documents 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 agreementdeed, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, whether by court action or pursuant to the powers herein contained, shall prejudice or in any manner affect Mortgagee's the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Mortgageethe Beneficiary, it being agreed that Mortgagee the Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Beneficiary in such order and manner as Mortgagee it may determine in its absolute discretionand sole discretion and election determine. No remedy herein conferred upon or reserved to Mortgagee the Beneficiary is intended to be exclusive of any other remedy herein or in any of the other Secured Debt Agreements or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every Amended and Restated Deed of Trust — ______ County, NC power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, the Beneficiary is entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Beneficiary, and the Beneficiary may pursue inconsistent remedies. In no event No delay or omission of the Beneficiary to exercise any right or power accruing upon any Event of Default shall Mortgageeimpair any right or power or shall be construed as a waiver of any Event of Default or any acquiescence therein. If the Beneficiary 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 Beneficiary shall have the unqualified right to do so and, in such an event, the exercise rights and remedies of the remedies provided in this Mortgage (includingBeneficiary shall continue as if such right or remedy had never been invoked, without limitation, in connection with the assignment but no such discontinuance or abandonment shall waive any Event of Rents to Mortgagee, Default which may then exist or the appointment of a receiver and the entry of such receiver on to all or any part right of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in Beneficiary thereafter to exercise any way be made liable right or remedy under the Secured Debt Agreements for any act, either such Event of commission or omission, in connection with the exercise of such remediesDefault.

Remedies Not Exclusive. Mortgagee Trustee, Administrative Agent and Lenders, and each of them, shall be entitled to enforce payment and performance of the Obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents or other agreement Document or any laws now or hereafter in forceenforced, notwithstanding that 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 Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale contained herein or other powers set forth herein, shall prejudice or in any manner affect MortgageeTrustee's, Administrative Agent's or Lenders' right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee, Administrative Agent or by Lenders, it being agreed that Mortgagee Trustee, Administrative Agent and Lenders, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Administrative Agent, Lenders or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee, Administrative Agent or Lenders is intended to be exclusive of any other remedy herein or by law Applicable Law provided or to preclude any other remedy herein or by Applicable Law provided or permitted, but each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statuteequity. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee, Administrative Agent or Lenders, or to which it either of them may be otherwise be entitled, may be exercised, exercised concurrently or independently, independently from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Administrative Agent 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesLenders.

Remedies Not Exclusive. Mortgagee To the extent permitted by applicable law and subject to Article XIV of the Contract, Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents or other agreement securing or relating to the Indebtedness secured hereby or any laws now or hereafter in force, notwithstanding some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 Mortgagee's Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or preclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Loan Documents Indebtedness secured hereby to Mortgagee Trustee or Beneficiary, or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Note Obligations and to exercise all rights and powers under this Mortgage or under Deed of Trust, any of the other Loan Documents 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion, subject to the provisions of the Collateral Agency Agreement. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of document evidencing the Loan Documents Note Obligations to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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 mortgagedeed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary and Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, 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 Mortgagee Beneficiary and Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or under any of the other Loan Documents Credit Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcementenforcement whether by court action or pursuant to the 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 Mortgagee may determine may, in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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," Mortgagee and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage Deed of Trust or under any of the other Loan Credit 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 Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Credit Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, including in connection with the assignment Assignment of Rents to MortgageeLeases, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesremedies except for its gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Project Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Project Documents to Mortgagee the Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Trustee or Beneficiary, and either of them may pursue inconsistent remedies. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), Trustor may be deemed a "mortgagee in possession," and Mortgagee shall not joined in any way be made liable for any act, either action brought by Beneficiary to foreclose under or otherwise enforce this Deed of commission or omission, in connection with the exercise of such remediesTrust.

Remedies Not Exclusive. Mortgagee The Trustee shall be entitled to enforce ---------------------- payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Operative 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 Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgageethe Trustee's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trustee, it being agreed that Mortgagee the Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Trustee in such order and manner as Mortgagee the Trustee or the Agent may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee the Trustee or the Agent is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Operative Documents to Mortgagee the Trustee or the Agent or to which it they may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Agent. In no event shall Mortgageethe Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to Mortgageethe Agent, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee the Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the exercise of Trustor to the extent such remediesaction is permitted by law.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the any Secured Obligations and to exercise all rights and powers under this Mortgage 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 said Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, guaranty, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary and either of them may pursue inconsistent remedies. In no event The failure on the part of Beneficiary to promptly enforce any right hereunder shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of not operate as a receiver and the entry waiver of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesright.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Instrument or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Beneficiary, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent 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 Loan Transaction Documents or other agreement 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 right 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 is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Transaction Documents to the Mortgagee or to which it the Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, as the case may be. In no event shall the Mortgagee, in the exercise of the remedies provided in this Mortgage (including, 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 shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Denver County, Co. 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Collateral Property), be deemed a "mortgagee “Beneficiary in possession," ” and Mortgagee Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Security Agreement or under any of the other Loan Documents or other agreement Operative Agreements 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, lienLien, assignment or otherwise. Neither the acceptance of this Mortgage Security Agreement nor its enforcement, shall prejudice or in any manner affect Mortgagee's the Agent’s right to realize upon or enforce any other security now or hereafter held by Mortgageethe Agent as security for the Obligations, it being agreed that Mortgagee the Agent shall be entitled to enforce this Mortgage Security Agreement and any other security now or hereafter held by Mortgagee the Agent in such order and manner as Mortgagee the Agent may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Operative Agreements to Mortgagee the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Agent. In no event shall Mortgageethe Agent, in the exercise of the remedies provided in this Mortgage Security Agreement (including, including without limitation, limitation in connection with the assignment of Rents to Mortgageethe Agent, or the appointment of a receiver and the entry of such receiver on to onto all or any part of the Mortgaged Property), be deemed a "“mortgagee in possession," ” or a “pledgee in possession”, and Mortgagee the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. 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 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 mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage nor its enforcement, enforcement shall prejudice or in any manner affect Mortgagee's right ’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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 “Mortgagee in possession," ” and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The rights and remedies of The Source and K-Sub provided for in this Article or otherwise in this Agreement shall be entitled deemed to enforce payment be cumulative and performance in addition to and not in limitation or exclusion of the Obligations and to exercise all other 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 securedremedies, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance provisions of this Mortgage nor its enforcement, shall prejudice Agreement 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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or otherwise, which may exist on the part of The Source or K-Sub by statutereason of any misrepresentation or breach of warranty, covenant or agreement on the part of Seller or Company hereunder. Every power Such rights and remedies shall be cumulative and may be exercised at any time or from time to time, and any failure or delay of The Source or K-Sub in exercising any right or remedy given at any time shall not constitute a waiver thereof or restrict its subsequent enforcement or the enforcement of any other right or remedy of The Source or K-Sub. In addition to any other rights and remedies of The Source and K-Sub hereunder or otherwise, any amounts due and payable to The Source or K-Sub by reason of the obligations of Seller or Company to indemnify The Source and K-Sub and hold The Source and K-Sub harmless hereunder, including the amount of any Equity Deficit, shall be first recoverable by The Source against the Indemnification Escrow and thereafter shall be subject to a right of, and shall first be applied in, setoff and reduction on the part of The Source and K-Sub against any amounts due and payable by The Source or K-Sub to Seller hereunder or under any other agreement, except as any of the Loan Documents same have been previously delivered or paid to Mortgagee or Seller, or, at the written request of The Source, if the amount available to which it may otherwise be entitledrecovered from the Indemnification Escrow is insufficient, may shall be exercised, concurrently or independently, from time payable directly by Seller to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesThe Source upon demand.

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 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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, 334 concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any and all of the Obligations and to exercise all rights and powers under this Mortgage or the Financing Documents and under any of the other Loan Documents or other agreement or any laws applicable law now or hereafter in forceeffect, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other rights herein contained, shall prejudice or in any manner affect Mortgagee's Trustee’s or Beneficiary’s right to realize upon or enforce any other security or guaranty now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them shall be entitled to enforce this Mortgage Deed of Trust and any other security or any guaranty now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statuteunder applicable law. Every power or remedy given by any of the Loan Financing Documents or by law to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Beneficiary and, in to the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any actextent permitted by law, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee shall be Trustee and Lender, and each of them, are entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall will prejudice or in any manner affect MortgageeTrustee's or Lender's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Lender, it being agreed that Mortgagee shall be Trustee and Lender, and each of them, is entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Lender or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Lender is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be is cumulative and shall be is in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Lender or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Lender and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee MORTGAGEE shall be entitled to enforce payment and performance of the any indebtedness or Obligations and to exercise all rights and powers under this Mortgage or under any of the Note and other Loan Documents or any other agreement executed in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed 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 MORTGAGEE'S right to realize upon or enforce any other security now or hereafter held by MortgageeMORTGAGEE, it being agreed that Mortgagee MORTGAGEE shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee MORTGAGEE in such order and manner as Mortgagee MORTGAGEE may determine in its sole and absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee MORTGAGEE is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given gives hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents provided under this Mortgage to Mortgagee MORTGAGEE or to which it may be otherwise be entitled, may be exercised, concurrently concurrer7aly or independently, from time to time and land as often as may be deemed expedient by Mortgagee. In no event shall MortgageeMORTGAGEE and, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.MORTGAGEE may pursue OR145627;1

Remedies Not Exclusive. Mortgagee Grantee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed or under any of the other Loan Documents or other agreement or any laws now or hereafter in forceforce (subject to the terms of any documentation governing any Permitted Receivables Transaction), notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by deed to secure debt, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed nor its enforcement, shall prejudice or in any manner affect Mortgagee's Grantee’s right to realize upon or enforce any other security now or hereafter held by MortgageeGrantee, it being agreed that Mortgagee Grantee shall be entitled to enforce this Mortgage Deed and any other security now or hereafter held by Mortgagee Grantee in such order and manner as Mortgagee Grantee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Grantee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Grantee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeGrantee, as the case may be. In no event shall MortgageeGrantee, in the exercise of the remedies provided in this Mortgage Deed (including, without limitation, in connection with the assignment of Rents to MortgageeGrantee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Secured Property), be deemed a "mortgagee “beneficiary in possession," ” and Mortgagee Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any Secured Obligation and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the said Secured Obligations may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given hereby or by any of the other Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Beneficiary, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, them may pursue remedies as each in connection with the exercise of such remediestheir sole discretion shall deem appropriate.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, enforcement shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 Mortgageethe Trustee's or the Beneficiary's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trustee or the Beneficiary. The Trustee and the Beneficiary, it being agreed that Mortgagee and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Beneficiary or the Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, preclusive of any other remedy herein or by law provided or permitted but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee the Trustee or the Beneficiary (or to which it either of them may be otherwise be entitled, ) may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers granted under this Mortgage or under any of the other Loan Documents Security Document or any other agreement or any laws Laws now or hereafter in force, notwithstanding some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lienLien, 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 Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law Law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law Law or in equity or by statute. Every right, power or remedy given by any of the Loan Security Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under the Indenture or this Mortgage Deed of Trust or under any of the other Loan Security 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 Deed Of Trust nor its enforcement, enforcement shall prejudice or in any manner affect MortgageeTrustee's and Beneficiary's right to realize upon or enforce any other security now or hereafter held by Mortgagee, it being agreed that Mortgagee Trustee or Beneficiary. Trustee and Beneficiary shall be entitled to enforce this Mortgage Deed Of Trust and any other security now or hereafter held by Mortgagee Trustee or Beneficiary in such order and manner as Mortgagee Trustee or Beneficiary may determine in its absolute discretion. No To the extent permitted by law, no remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein herein, in the Indenture or in any other Security Document or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every To the extent permitted by law, every power or remedy given by this Deed Of Trust, the Indenture or any of the Loan other Security Documents to Mortgagee Trustee or Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary. In no event shall MortgageeTrustee or Beneficiary, in the exercise of the remedies provided in this Mortgage Deed Of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to onto all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee Trustee and Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee shall Beneficiary and Trustee shall, be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to Mortgagee, Beneficiary; or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary-nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such such. 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 Loan Transaction Documents or other agreement 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 right ’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 is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Transaction Documents to the Mortgagee or to which it the Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, as the case may be. In no event shall the Mortgagee, in the exercise of the remedies provided in this Mortgage (including, 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 shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except in the event of Beneficiary's gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligation secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect MortgageeTrustee's or Lender's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Lender, it being agreed that Mortgagee Trustee and Lender, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Lender or Trustee in such order or r and manner as Mortgagee they may determine in its m their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Lender is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Financing Documents to Mortgagee the Trustee or Lender or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.21

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment of the Term Loan Secured Obligations and performance of the Obligations Grantor’s obligations under the Loan Documents and to exercise all rights and powers under this Mortgage 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 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee The cumulative rights of Beneficiary arising under the clauses and covenants contained in this Deed of Trust shall be entitled separate, distinct and cumulative and none of them shall be construed to enforce payment and performance be exclusive or an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In addition to any remedies provided herein for an Event of Default hereunder, Beneficiary shall have all other remedies allowed under the laws of the Obligations State of North Carolina, and the laws of the United States. No failure on the part of Beneficiary to exercise all rights and powers under this Mortgage or under any of its rights hereunder arising upon any Default shall be construed to prejudice its rights in the event of any other Loan Documents or other subsequent Default. No delay on the part of Beneficiary 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. Beneficiary may enforce any one or more remedies or rights hereunder in such order and manner as it may determine, successively or concurrently at its option. By accepting payment or partial payment of any sums secured hereby after its due date, Beneficiary shall not make an accommodation or thereby waive the agreement or any laws now or hereafter in force, notwithstanding some or all herein contained that time is of the essence, nor shall Beneficiary waive either any of its remedies or options or its right to require prompt payment when due of all Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwiseto consider failure so to pay a Default hereunder. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, whether by court action or pursuant to other powers herein contained, shall prejudice or in any manner affect MortgageeBeneficiary'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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesBeneficiary.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise or cause Trustee 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 MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by Mortgageeor for the benefit of Beneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce and to cause Trustee to enforce this Mortgage and any other security now or hereafter held by Mortgagee or for the benefit of Beneficiary in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it Beneficiary or Trustee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), unless otherwise provided by applicable law, be deemed a "mortgagee in possession," and Mortgagee Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Secured Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Financing 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 deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary and Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Financing Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesremedies except gross negligence or willful misconduct after Beneficiary takes possession or title.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Project Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee (a) Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Security 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 Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Security Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), be Project Name - County(ies) deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The Trustee shall be entitled to ---------------------- enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Operative 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 to secure debt, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgageethe Trustee's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trustee, it being agreed that Mortgagee the Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Trustee in such order and manner as Mortgagee the Trustee or the Agent may determine in its or their absolute discretion. No remedy herein conferred upon or reserved to Mortgagee the Trustee or the Agent is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Operative Documents to Mortgagee the Trustee or the Agent or to which it they may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Agent. In no event shall Mortgageethe Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents Rent to Mortgageethe Agent, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee the Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment and performance of the any Accelerated Obligations and to exercise all rights and powers under this Mortgage 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 Accelerated Obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeBeneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee it may determine in its absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary, or to which it Beneficiary may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event The acceptance by Beneficiary of any sum after the same is due shall Mortgagee, in the exercise not constitute a waiver of the remedies provided right either to require prompt payment, when due, of all other sums hereby secured or to declare a subsequent Event of Default as herein provided. The acceptance by Beneficiary of any sum in an amount less than the sum then due shall be deemed an acceptance on account only and upon condition that it shall not constitute a waiver of the obligation of Debtor to pay the entire sum then due, and 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 Mortgage (includinginstrument conferred upon them or either of them, without limitationand the right to proceed with a sale under any notice of default, in connection with the assignment of Rents or an election to Mortgageesell, or the appointment of a receiver and the entry right to exercise any other rights or remedies hereunder, shall in no way be impaired, whether any of such receiver on amounts are received prior or subsequent to all such proceeding, election or exercise. Consent by Beneficiary to any part action or inaction of the Mortgaged Property), Debtor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either waiver of commission the right to require such consent or omission, in connection with the exercise of such remediesapproval to future or successive actions or inactions.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee 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 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 and Performance Obligations may now or hereafter be otherwise secured, whether by mortgagedeed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary or Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary and Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee Beneficiary in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any and all 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 and under the law now or hereafter in forceeffect, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other rights herein contained, shall prejudice or in any manner affect Mortgagee's Trustee’s or Beneficiary’s right to realize upon or enforce any other security or guaranty now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security or any guaranty now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder hereunder, or now or hereafter existing at law or in equity or by statuteunder the law. Every power or remedy given by any of the Loan Documents or by law to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Beneficiary and, in to the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any actextent permitted by law, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Beneficiary shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary, it being agreed that Mortgagee Beneficiary shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in San Diego County, CA addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, 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 Mortgagee Beneficiary shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's right to realize upon or enforce (or to direct Trustee to realize upon or enforce) any other security now or hereafter held by MortgageeBeneficiary or Trustee (or cause the enforcement of) and Trustee shall be entitled to enforce, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Subject to Article XV of the Installment Financing Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance perfor xxxxx of the Obligations any Indebtedness or obligations secured her xxx and to exercise exerci se all rights righ ts and powers under this Mortgage Deed of Trust or under any of other agr eement securing or rel ating to the other Loan Documents or other agreement Indebt edness secured hereby or any laws now or hereafter her eafter in forcefor ce, notwithstanding notwith standing some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgagemor tgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice prej udice or in any manner affect Mortgagee's the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trus tee or the Beneficiar y, it being agreed agr eed that Mortgagee the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Beneficiary or the Tr ustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or by law provided provi ded or permittedpreclusive of any other remedy herein or by law provid ed or per mitted, but each shall be cumulative cumulati ve and shall be in addition addi tion to every ever y other remedy given hereunder hereun der or now or hereafter existing her eafter existi ng at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Loan Documents Indebtedness secured hereby to Mortgagee the Trustee or the Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage 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 indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

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 Documents Collateral Agreements 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 right 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 is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Collateral Agreements to the Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by the Mortgagee, as the case may be. In no event shall the Mortgagee, in the exercise of the remedies provided in this Mortgage (including, 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 shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security for the obligation hereby secured now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder hereunder, or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee the Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Trustee or Beneficiary, and either of them may pursue inconsistent remedies. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of a receiver Trustor and the entry of such receiver on to all or any part of the Mortgaged Property), Additional Trustor may be deemed a "mortgagee in possession," and Mortgagee shall not joined in any way be made liable for any act, either action brought by Beneficiary to foreclose under or otherwise enforce this Deed of commission or omission, in connection with the exercise of such remediesTrust.

Remedies Not Exclusive. Mortgagee 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 Mortgage Deed of Trust, the Guarantees, the Indenture, the Term Loan Agreement, the Note Documents or under any of the other 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Mortgage Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Mortgage Trustee, it being agreed that Mortgagee shall Beneficiary and Mortgage Trustee shall, to the extent permitted by applicable law, be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Mortgage Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Mortgage Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every To the extent permitted by applicable law, every power or remedy given by any of the Note Documents or the Term Loan Documents to Mortgagee Beneficiary or Mortgage Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Mortgage Trustee, as the case may be. In no event shall MortgageeBeneficiary or Mortgage Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged PropertyTrust Estate), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Mortgage Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

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 right 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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee, as the case may be. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee 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 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 and Performance Obligations may now or hereafter be otherwise secured, whether by mortgagedeed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee Beneficiary in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan 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 deed of trust, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary or Trustee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Credit Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, 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 Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary shall each be entitled to enforce payment and performance of the any Secured Obligations and to exercise all rights and powers under this Mortgage or Deed of Trust, under the Notes, under any of the other Loan Documents Credit Documents, or under any other agreement with Trustor 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, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Mortgagee's Trustee’s or Beneficiary’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 Beneficiary or hereafter held by Mortgagee Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary, is intended to be exclusive of any other remedy herein in this Deed of Trust or provided or permitted by law provided or permittedin equity, but each shall be cumulative and shall be in addition to every other remedy given hereunder in this Deed of Trust or now or hereafter existing at law or in equity or by statuteequity. Every power or remedy given to Trustee or Beneficiary by the Notes, this Deed of Trust or any of the Loan Documents to Mortgagee other Credit Documents, or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary, and either of them may pursue inconsistent remedies. In no event shall Mortgagee, in the exercise of the remedies provided Nothing in this Mortgage (including, without limitation, in connection with Deed of Trust shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the assignment of Rents to Mortgagee, or the appointment of a receiver and the entry of extent such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesaction is permitted by law.

Remedies Not Exclusive. Mortgagee Grantee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed 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 mortgageDeed, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed nor its enforcement, shall prejudice or in any manner affect Mortgagee's Grantee’s right to realize upon or enforce any other security now or hereafter held by MortgageeGrantee, it being agreed that Mortgagee Grantee shall be entitled to enforce this Mortgage Deed and any other security now or hereafter held by Mortgagee Grantee in such order and manner as Mortgagee Grantee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Grantee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Grantee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeGrantee. In no event shall MortgageeGrantee, in the exercise of the remedies provided in this Mortgage Deed (including, without limitation, in connection with the assignment of Rents to MortgageeGrantee, 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 “Grantee in possession," ” and Mortgagee Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligation secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Agency Loan Documents Document or other agreement or any laws law now or hereafter in force, notwithstanding some or all of the Obligations said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by guaranty, mortgage, security agreementdeed of trust, pledge, lien, assignment assignment, or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security for the obligations hereby secured now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein herein, or granted to Beneficiary under any other agreement, or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or granted to Beneficiary under any other agreement, or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Agency Loan Documents to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeTrustee or Beneficiary, and either of them may pursue inconsistent remedies. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Property), Trustor may be deemed a "mortgagee in possession," and Mortgagee shall not joined in any way be made liable for any act, either action brought by Beneficiary to foreclose under or otherwise enforce this Deed of commission or omission, in connection with the exercise of such remediesTrust.

Remedies Not Exclusive. Mortgagee shall Trustee and Administrative Agent, and each of them, will be entitled to enforce payment and performance of any and all 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 and under the law now or hereafter in forceeffect, notwithstanding some or all of the Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment secured or otherwiseguaranteed. Neither the acceptance of this Mortgage Security Instrument nor its enforcement, shall whether by court action or pursuant to the power of sale or other rights herein contained, will prejudice or in any manner affect Mortgagee's Trustee’s or Administrative Agent’s right to realize upon or enforce any other security or guaranty now or hereafter held by MortgageeTrustee or Administrative Agent, it being agreed that Mortgagee shall be Trustee and Administrative Agent, and each of them are entitled to enforce this Mortgage Security Instrument and any other security or any guaranty now or hereafter held by Mortgagee Administrative Agent or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Administrative Agent is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be is cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statuteunder the law. Every power or remedy given by any of the Loan Documents or by law to Mortgagee Trustee or Administrative Agent or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Administrative Agent and, in to the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any actextent permitted by law, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any of the Secured Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding that some or all of the Indebtedness and Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Trustee or Beneficiary, or to which it either of them may be otherwise be entitled, may be exercised, exercised concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall MortgageeTrustee or Beneficiary, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment of the Obligations and performance of the Obligations and to exercise all rights and powers under this Mortgage 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, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary and Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Beneficiary or Trustee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeBeneficiary, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The cumulative rights of Beneficiary arising under the clauses and covenants contained in this Mortgage shall be entitled separate, distinct and cumulative and none of them shall be construed to enforce payment and performance be exclusive or an election to proceed under any one provision herein to the exclusion of any other provision, anything herein or otherwise to the contrary notwithstanding. In addition to any remedies provided herein for an Event of Default hereunder, Beneficiary shall have all other remedies allowed under the laws of the Obligations State of South Carolina, and the laws of the United States. No failure on the part of Beneficiary to exercise all rights and powers under this Mortgage or under any of its rights hereunder arising upon any Default shall be construed to prejudice its rights in the event of any other Loan Documents or other subsequent Default. No delay on the part of Beneficiary 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. Beneficiary may enforce any one or more remedies or rights hereunder in such order and manner as it may determine, successively or concurrently at its option. By accepting payment or partial payment of any sums secured hereby after its due date, Beneficiary shall not make an accommodation or thereby waive the agreement or any laws now or hereafter in force, notwithstanding some or all herein contained that time is of the essence, nor shall Beneficiary waive either any of its remedies or options or its right to require prompt payment when due of all Secured Obligations may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwiseto consider failure so to pay a Default hereunder. 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 MortgageeBeneficiary'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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remediesBeneficiary.

Remedies Not Exclusive. Mortgagee The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Security Agreement or under any of the other Loan Documents or other agreement Operative Agreements 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, lienLien, assignment or otherwise. Neither the acceptance of this Mortgage Security Agreement nor its enforcement, shall prejudice or in any manner affect Mortgagee's the Agent’s right to realize upon or enforce any other security now or hereafter held by Mortgageethe Agent as security for the Obligations, it being agreed that Mortgagee the Agent shall be entitled to enforce this Mortgage Security Agreement and any other security now or hereafter held by Mortgagee the Agent in such order and manner as Mortgagee the Agent may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Operative Agreements to Mortgagee the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Agent. In no event shall Mortgageethe Agent, in the exercise of the remedies provided in this Mortgage Security Agreement (including, including without limitation, limitation in connection with the assignment of Rents rents to Mortgageethe Agent, or the appointment of a receiver and the entry of such receiver on to onto all or any part of the Mortgaged Property), be deemed a "“mortgagee in possession," ” or a “pledgee in possession”, and Mortgagee the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Subject to Article XIII of the Contract, the Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any Indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents or other agreement securing or relating to the Indebtedness secured hereby or any laws now or hereafter in force, notwithstanding some or all of the Obligations Indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 Mortgagee's the Trustee’s or the Beneficiary’s right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trustee or the Beneficiary, it being agreed that Mortgagee the Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Beneficiary or the Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee the Trustee or the Beneficiary is intended to be exclusive of any other remedy herein or by law provided or preclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of instrument securing or relating to the Loan Documents Indebtedness secured hereby to Mortgagee the Trustee or the Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

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 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, enforcement shall prejudice or in any manner affect Mortgagee's ’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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Transaction Documents to Mortgagee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Transaction Agreements or other agreement agreements or any laws now or hereafter in force, notwithstanding some or all of the Obligations obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect MortgageeTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, or affect in any manner Beneficiary's rights under the Transaction Agreements, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee they or either of them may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Transaction Agreements to Mortgagee Trustee or Beneficiary or to which it either of them may be otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee The Grantee shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage Security Deed or under any of the other Loan Indenture 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 mortgagedeed to secure debt, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Security Deed nor its enforcement, shall prejudice or in any manner affect Mortgageethe Grantee's right rights to realize upon or enforce any other security now or hereafter held by Mortgageethe Grantee, it being agreed that Mortgagee the Grantee shall be entitled to enforce this Mortgage Security Deed and any other security now or hereafter held by Mortgagee the Grantee in such order and manner as Mortgagee the Grantee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee the Grantee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Indenture Documents to Mortgagee the Grantee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Grantee, as the case may be. In no event shall Mortgageethe Grantee, in the exercise of the remedies provided in this Mortgage Security Deed (including, without limitation, in connection with the assignment of Rents to Mortgageethe Grantee, 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 Mortgagee the Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now 31 30 or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of the Obligations any indebtedness or obligations secured hereby and to exercise all rights and powers under this Mortgage or Deed of Trust, under any of the other Loan Documents Instrument or other agreement or agreement, and under any laws now or hereafter in force, notwithstanding that some or all of the Obligations said indebtedness and obligation secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed of Trust nor its enforcementenforcement 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 Trustee’s or Beneficiary’s right to realize upon or enforce any other security now or hereafter held by MortgageeTrustee or Beneficiary, it being agreed that Mortgagee Trustee and Beneficiary, and each of them, shall be entitled to enforce this Mortgage and any other security now or hereafter held by Mortgagee Deed of Trust in such order and manner as Mortgagee may determine they or either of them in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or of hereafter existing at law or in equity or by statutestatue. Every power or remedy given by any of the Loan Documents Instruments to Mortgagee Trustee or Beneficiary or to which it may either if them maybe otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to Mortgagee, Trustee or the appointment of a receiver Beneficiary and the entry of such receiver on to all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies.

Remedies Not Exclusive. Mortgagee shall be entitled to enforce payment and performance of all of the Obligations and to exercise all rights and powers under this Mortgage Mortgage, or under any of the other Loan Documents Security 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 Mortgagee's ’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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Credit Agreement or any of the Loan Other Documents to Mortgagee or to which it Mortgagee may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 “beneficiary in possession," ” and Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Beneficiary and Trustee shall be entitled to enforce payment of the Noteholder Secured Obligations and performance of the Obligations Grantor’s obligations under the Indenture Documents and the Security Documents and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Indenture Documents or Security Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect Mortgagee's Beneficiary’s or Trustee’s right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its their absolute discretion, subject to the terms of the Intercreditor Agreement. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Indenture Documents or Security Documents to Mortgagee Beneficiary or Trustee or to which it any of them may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Trust Property), be deemed a "“mortgagee in possession," ” and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies, except for their own bad faith, gross negligence or willful misconduct.

Remedies Not Exclusive. Mortgagee The Trustee, the Beneficiary and the respective Lenders, and each of them, shall be entitled to enforce payment and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed of Trust or under any of the other Loan Documents Document or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, security agreementdeed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage 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 Mortgageethe Trustee's, the Beneficiary's or any Lender's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Trustee, it being agreed that Mortgagee the Beneficiary or such Lender. The Trustee, the Beneficiary and the Lenders, and each of them, shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee the Beneficiary, the Trustee or any Lender in such order and manner as Mortgagee the Trustee, the Beneficiary or the Required Lenders, as applicable, may determine in its their absolute discretiondiscretion determine. No remedy herein conferred upon or reserved to Mortgagee the Trustee, the Beneficiary or the Lenders is intended to be exclusive of any other remedy herein or by law provided or preclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee the Trustee, the Beneficiary or any Lender (or to which it any of them may be otherwise be entitled, ) may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgageethe Trustee, in the exercise Beneficiary or such Lender and any of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such them may pursue inconsistent remedies."

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 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 ’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 Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgagee. In no event shall Mortgagee, in the exercise of the remedies provided in this Mortgage (including, without limitation, in connection with the assignment of Rents to 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 Mortgagee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee 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 Mortgage 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 Mortgage Deed of Trust nor its enforcement, shall prejudice or in any manner affect MortgageeBeneficiary's or Trustee's right to realize upon or enforce any other security now or hereafter held by MortgageeBeneficiary or Trustee, it being agreed that Mortgagee Beneficiary and Trustee shall be entitled to enforce this Mortgage Deed of Trust and any other security now or hereafter held by Mortgagee Beneficiary or Trustee in such order and manner as Mortgagee Beneficiary may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Beneficiary or Trustee or to which it either may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeBeneficiary or Trustee, as the case may be. In no event shall MortgageeBeneficiary or Trustee, in the exercise of the remedies provided in this Mortgage Deed of Trust (including, without limitation, in connection with the assignment of Rents to MortgageeRents, or the appointment of a receiver and the entry of such receiver on to all or of any part of the Mortgaged Trust Property), be deemed a "mortgagee in possession," and Mortgagee neither Beneficiary nor Trustee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Security Agreement or under any of the other Loan Documents or other agreement Operative Agreements 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, lienLien, assignment or otherwise. Neither the acceptance of this Mortgage Security Agreement nor its enforcement, shall prejudice or in any manner affect Mortgageethe Agent's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Agent as security for the Obligations, it being agreed that Mortgagee the Agent shall be entitled to enforce this Mortgage Security Agreement and any other security now or hereafter held by Mortgagee the Agent in such order and manner as Mortgagee the Agent may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents Operative Agreements to Mortgagee the Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Agent. In no event shall Mortgageethe Agent, in the exercise of the remedies provided in this Mortgage Security Agreement (including, including without limitation, limitation in connection with the assignment of Rents rents to Mortgageethe Agent, or the appointment of a receiver and the entry of such receiver on to onto all or any part of the Mortgaged Property), be deemed a "mortgagee in possession," or a "pledgee in possession", and Mortgagee the Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee Grantee shall be entitled to enforce payment of the Indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Deed 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 to secure debt, mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Mortgage Deed nor its enforcement, shall prejudice or in any manner affect MortgageeGrantee's right to realize upon or enforce any other security now or hereafter held by MortgageeGrantee, it being agreed that Mortgagee Grantee shall be entitled to enforce this Mortgage Deed and any other security now or hereafter held by Mortgagee Grantee in such order and manner as Mortgagee Grantee may determine in its absolute discretion. No remedy herein conferred upon or reserved to Mortgagee Grantee is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Mortgagee Grantee or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by MortgageeGrantee. In no event shall MortgageeGrantee, in the exercise of the remedies provided in this Mortgage Deed (including, without limitation, in connection with the assignment of Rents to MortgageeGrantee, or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Subject Property), be deemed a "mortgagee in possession," and Mortgagee Grantee shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.

Remedies Not Exclusive. Mortgagee The Administrative Agent shall be entitled to enforce payment of the indebtedness and performance of the Obligations and to exercise all rights and powers under this Mortgage Security Agreement or under any of the other Loan Operative Documents or other agreement agreements 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, lienLien, assignment or otherwise. Neither the acceptance of this Mortgage Security Agreement nor its enforcement, shall prejudice or in any manner affect Mortgageethe Administrative Agent's right to realize upon or enforce any other security now or hereafter held by Mortgageethe Administrative Agent, it being agreed that Mortgagee the Administrative Agent shall be entitled to enforce this Mortgage Security Agreement and any other security now or hereafter held by Mortgagee the Administrative Agent in such order and manner as Mortgagee the Administrative Agent may determine in its absolute discretion. No remedy herein conferred hereunder or under any other Operative Document upon or reserved to Mortgagee the Administrative Agent is intended to be exclusive of any other remedy herein or therein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Operative Documents to Mortgagee the Administrative Agent or to which it may otherwise be entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Mortgageethe Administrative Agent. In no event shall Mortgageethe Administrative Agent, in the exercise of the remedies provided in this Mortgage Security Agreement (including, including without limitation, limitation in connection with the assignment of Rents to Mortgagee, the Administrative Agent or the appointment of a receiver and the entry of such receiver on to all or any part of the Mortgaged Propertyreceiver), be deemed a "mortgagee in possession" or a "pledgee in possession," and Mortgagee the Administrative Agent shall not in any way be made liable for any act, either of commission or omission, in connection with the exercise of such remedies.