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2��0�4�� (i) To pay all taxes and assessments against the Mortgaged Property, all premiums for insurance thereon, a11 utility and other operating expenses, and all sums due under any prior or subsequent encumbrance; (j) To borrow from the Beneficiary such funds as may be reasonably necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and the Beneficiary, but not in excess of the Default Rate under the Note; and (k) Generally do anything which Grantor could legally do if Grantor were in possession of the Property. All expenses incurred by the receiver or the receiver's agent shall constitute part of the Indebtedness. Any revenues collected by the receiver shall be applied first to the expenses of the receivership (including attorneys' fees incurred by the receiver and by Beneficiary), to expenses of the Mortgaged Property, and to preserve, protect, maintain and operate the Mortgaged Property, and the balance shall be applied toward the Indebtedness or any deficiency which may result from any foreclosure sale, and then in such other manner as the court or Trustee may direct. Unless sooner terminated with the express consent of the Beneficiary, any such receivership will continue until a11 amounts remaining due under the Notes have been discharged in full, or until title to the Mortgaged Property has passed after foreclosure sale and all applicable periods of redemption have expired, and in either case, the court has discharged the receiver. Grantor covenants to promptly reimburse and pay to Beneficiary or such receiver, at the place where the Notes are payable, or at such other place as may be designated in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes, or other charges) incurred by Beneficiary or such receiver in connection with its custody, preservation, use or operation of the Mortgaged Property, together with interest thereon from the date incurred by Beneficiary or such receiver at the Default Rate, as set forth in the Note, and all such expenses, costs, taxes, interest, and other charges shall be part of the Indebtedness. It is agreed, however, that the risk of accidental loss or damage to the Mortgaged Property is undertaken by Grantor and, except for Beneficiary's or such receiver's willful misconduct or gross negligence, Beneficiary or such receiver shall have no liability whatsoever for decline in value of the Mortgaged Property, for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured. 17. A�plication of Income Received by Beneficiary. The Beneficiary, in the exercise of the rights and powers hereinabove conferred upon it, sha11 have full power to use and apply the avails, rents, issues and profits of the Premises to the payment of or on account of the following, in such order as the Beneficiary may determine: (a) to the payment of the operating expenses of the Premises, including cost of management and leasing thereof (which sha11 include compensation to the Beneficiary and its agent or agents, if management be delegated to an agent or agents, and shall also include lease commissions and other compensation and expenses of seeking and procuring 12187-5273/LEGAL17750578.4 5/1/ 1013