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201300074
<br /> only in the specific instance and for the specific purpose for which given. Every such remedy or
<br /> right may be exercised concurrently or independently, and when and as often as may be deemed
<br /> expedient by Beneficiary or Trustee. All obligations of Trustor,and all rights,powers and remedies
<br /> of Beneficiary and Trustee expressed herein shall be in addition to, and not in limitation of, those
<br /> provided by law, equity or in the Credit Agreement and any other Loan Document.
<br /> SECTION 5.04. Possession of Premises. Trustor hereby waives,while any Event of
<br /> Default exists,all right to the possession,income,earnings,revenues,issues,profits and Rents of the
<br /> Premises. Beneficiary or a Receiver (as the case may be as the Person exercising the rights under
<br /> this Section) is hereby expressly authorized and empowered to the extent permitted by applicable
<br /> law, but not obligated, while any Event of Default exists, (i) to enter into and upon and take
<br /> possession of, and operate all facilities on, the Premises or any part thereof, personally, or by its
<br /> agents or attorneys, and exclude Trustor therefrom without liability for trespass, damages or
<br /> otherwise; (ii) to enter upon and take and maintain possession of all of the documents, books,
<br /> records,papers and accounts of Trustor relating to the possession and operation of the Mortgaged
<br /> Property; (iii) to conduct, either personally or by its agents, the business of the Premises; (iv)to
<br /> exercise all rights of Trustor with respect to the Mortgaged Property,including,without limitation,
<br /> the right to sue for or otherwise collect the Rents. including those that are unpaid; (v) to complete
<br /> any alteration or restoration in progress on the Premises at the expense of Trustor at reasonable and
<br /> customary cost or at such cost previously agreed to by Trustor, and (vi)to apply all income of the
<br /> Premises less the necessary or appropriate expenses of collection thereof, either for the operation,
<br /> care and preservation of the Premises,or,at the election of the Person exercising the rights under this
<br /> Section in its sole discretion, as provided in Section 5.09 hereof. The Person exercising the rights
<br /> under this Section is also hereby granted full and complete authority while any Event of Default
<br /> exists (vii) to employ watchmen to protect the Mortgaged Property; (viii) to continue any and all
<br /> outstanding contracts for the erection and completion of Improvements to the Premises;(ix)to make
<br /> all necessary and proper repairs, renewals, replacements, alterations, additions, betterments and
<br /> improvements to the Premises that, in its sole discretion, it may deem appropriate: (x)to insure and
<br /> reinsure the Premises for all risks incidental to Beneficiary's possession,operation and management
<br /> thereof;(xi)to make and enter into any contracts or obligations wherever necessary in its own name
<br /> for the operation,care and preservation of the Mortgaged Property,and(xii)to pay and discharge all
<br /> debts, obligations and liabilities incurred thereby, all at the expense of Trustor. The Person
<br /> exercising the rights under this Section shall not be liable to account for any action taken hereunder,
<br /> and shall not be liable for any loss sustained by Trustor resulting from any act or omission of such
<br /> Person, except to the extent such loss is caused by such Person's willful misconduct or gross
<br /> negligence. All such expenditures by the Person exercising the rights under this Section shall be
<br /> Obligations hereunder.
<br /> SECTION 5.05. Foreclosure; Receiver. While any Event of Default exists,
<br /> Beneficiary and Trustee, with or without entry, shall also have the following rights:
<br /> (a) to institute a proceeding or proceedings,by advertisement,judicial process or
<br /> otherwise, as provided under applicable law, for the complete or partial foreclosure of this Deed of
<br /> Trust or the complete or partial sale of the Mortgaged Property under the power of sale hereunder or
<br /> under any applicable provision of law. Should Beneficiary elect to foreclose by exercise of the
<br /> power of sale herein contained,Beneficiary shall notify Trustee and shall deposit with Trustee this
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