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201305319 <br />(collectively, the "Michigan Pre -Rent Collection Requirements "), but not prior thereto, and <br />without any other any action by Administrative Agent, Mortgagor shall have no further right to <br />collect or otherwise receive such Rents and that such Rents will be the absolute and sole property <br />of Administrative Agent pursuant to said statute, (b) any Rents collected or received by <br />Mortgagor subsequent to such default shall be held in trust by Mortgagor for the benefit of <br />Administrative Agent and Mortgagor shall have no right thereto or interest therein, and (c) such <br />Rents, as the sole and absolute property of Administrative Agent, will not under any <br />circumstances be available to Mortgagor or any trustee of Mortgagor in any bankruptcy <br />proceeding. This assignment shall continue and remain in full force and effect during any <br />foreclosure proceedings relating to this Mortgage and the period of redemption, if any, and until <br />all sums secured by this Mortgage, together with interest thereon, shall have been paid in full. If <br />the entire balance secured hereunder shall be bid by Administrative Agent at the foreclosure sale <br />(by cash or otherwise) or a third party at such sale, said assignment shall nonetheless continue <br />for the benefit of the successful bidder, with any Rent collected by Administrative Agent, <br />purchaser at the foreclosure sale or their successors (net of operating expenses actually paid) to <br />be applied in reduction of the redemption price. In the event of any default under the <br />indebtedness secured hereby, this Mortgage or the other Loan Documents, Administrative Agent <br />shall have the full right and power, after compliance with the Michigan Pre -Rent Collection <br />Requirements, to collect the assigned Rents, income security deposits, issues, profits and <br />proceeds by demand, suit or otherwise. All monies received by Administrative Agent pursuant <br />to said assignment shall be applicable at the option of Administrative Agent in the manner <br />hereinafter provided for the use of such funds if paid to a receiver appointed to manage the <br />Properties or in the manner hereinafter provided for the application of proceeds from sale of the <br />Properties in the event of a foreclosure. Mortgagor will not, without Administrative Agent's <br />prior written consent, make any lease of the Properties except for actual occupancy by the lessee <br />thereunder. Subject to the Michigan Pre -Rent Collection Requirements, Mortgagor directs and <br />instructs any and all payors of Rents to pay to Administrative Agent all of the Rents until such <br />time as such payors have been furnished with evidence that all secured indebtedness has been <br />paid and that this Mortgage has been released. Mortgagor agrees that no payors of Rents shall <br />have any responsibility for the application of any funds paid to Administrative Agent. <br />Section 10.6. WARNING. THIS MORTGAGE CONTAINS A POWER OF SALE <br />AND UPON A MATURITY EVENT OF DEFAULT MAY BE FORECLOSED BY <br />ADVERTISEMENT. IN FORECLOSURE BY ADVERTISEMENT, NO HEARING IS <br />INVOLVED AND THE ONLY NOTICE REQUIRED IS TO BE PUBLISHED NOTICE IN A <br />LOCAL NEWSPAPER AND TO POST A COPY OF THE NOTICE ON THE PROPERTY. IF <br />THIS MORTGAGE IS FORECLOSED BY ADVERTISEMENT, MORTGAGOR HEREBY <br />VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY WAIVES ALL RIGHTS UNDER <br />THE CONSTITUTION AND LAWS OF THE STATE OF MICHIGAN AND THE <br />CONSTITUTION AND LAWS OF THE UNITED STATES, TO ALL NOTICE AND A <br />HEARING IN CONNECTION WITH THE ABOVE MENTIONED FORECLOSURE BY <br />ADVERTISEMENT, EXCEPT AS SET FORTH IN THE MICHIGAN STATUTE <br />PROVIDING FOR FORECLOSURE BY ADVERTISEMENT. <br />ARTICLE XI <br />Special Missouri Provisions <br />62 <br />