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201400400 Lender as to the existence, amount, terms and maturity of the secured Debt and of a default thereunder shall constitute authentic evidence of such facts for purpose of executory process. Borrower hereby waives in favor of Lender: (a) the benefit of appraisement as provided in Louisiana Code of Civil Procedure Articles 2332, 2336, 2723 and 2724, and all other laws conferring the same; (b) the demand and three days' delay accorded by Louisiana Code of Civil Procedure Articles 2639 and 2721; (c) the notice of seizure required by Louisiana Code of Civil Procedure Articles 2293 and 2721; (d) the three days' delay provided by Louisiana Code of Civil Procedure Articles 2331 and 2722; and (e) the benefit of the other provisions of Louisiana Code of Civil Procedure Articles 2331, 2772 and 2723 and all other articles not specifically mentioned above. In the event the Mortgaged Property or any part thereof is seized as an incident to an action for the recognition or enforcement of this instrument by executory process, ordinary process, sequestration, writ of fieri facias, or otherwise, Borrower and Lender agree that the court issuing any such order shall, if petitioned for by Lender, direct the applicable sheriff to appoint as a keeper of the Mortgaged Property, Lender or any person, firm or corporation designated by Lender at the time such seizure is effected. This designation is pursuant to Louisiana Revised Statutes §§ 9:5136 to 9:5140.2 and Lender shall be entitled to all the rights and benefits afforded thereunder as the same may be amended. It is hereby agreed that the keeper shall be entitled to receive as compensation, in excess of its costs and expenses incurred in the administration or preservation of the Mortgaged Property, an amount equal to 1% of the gross revenues and other amounts received by the keeper, payable on a monthly basis. The designation of keeper made herein shall not be deemed to require Lender to provoke the appointment of such a keeper. Upon the occurrence of an Event of Default hereunder, then the assignment of leases and rents granted in this Security Instrument shall automatically become absolute as provided in Louisiana Revised Statute § 9:4401, and Lender, without in any way waiving such default, at its option, upon notice and without regard to the adequacy of the security for the Debt or to whether it has exercised any of its other rights or remedies hereunder, shall have the right to directly collect and receive all Rents and any other proceeds and/or payments arising under or in any way accruing under the Leases assigned herein, as such amounts become due and payable and to apply the same to the Debt as provided herein. Borrower agrees that Lender shall have all of the additional enforcement rights and remedies of a secured party under the Louisiana Commercial Laws (Louisiana Revised Statutes, Title 10) and under the Uniform Commercial Code of any applicable state with respect to the Collateral wherever located. Borrower further agrees that any declarations of fact made under an authentic act before a Notary Public in the presence of two witnesses, by a person declaring such facts to lie within his or her knowledge, shall constitute authentic evidence for purposes of executory process and also for purposes of Louisiana Revised