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<br />201400400
<br />(v) subject to Lessee's rights under the Lease (provided that no default beyond any
<br />applicable notice and /or cure period then exists under the Lease), apply for the appointment of a
<br />trustee, receiver, liquidator or conservator of the Mortgaged Property, without notice and without
<br />regard for the adequacy of the security for the Debt and without regard for the solvency of the
<br />Borrower, any guarantor or of any person, firm or other entity liable for the payment of the Debt;
<br />(vi) subject to Lessee's rights under the Lease (provided that no default beyond any
<br />applicable notice and/or cure period then exists under the Lease), enter into or upon the
<br />Mortgaged Property, either personally or by its agents, servicers, nominees or attomeys and
<br />dispossess Borrower and its agents and servants therefrom, and thereupon Lender (or any
<br />receiver appointed pursuant to paragraph (v) above) may do or permit one or more of the
<br />following, subject to Lessee's rights under the Lease (provided that no default beyond any
<br />applicable notice and/or cure period then exists under the Lease), successively or concurrently:
<br />(a) enter upon and take possession and control of any and all of the Mortgaged Property; (b) take
<br />and maintain possession of all documents, books, records, papers and accounts relating to the
<br />Mortgaged Property; (c) exclude Borrower and its agents, servants and employees wholly from
<br />the Mortgaged Property; (d) manage and operate the Mortgaged Property; (e) preserve and
<br />maintain the Mortgaged Property; (f) make repairs and alterations to the Mortgaged Property; (g)
<br />complete any construction or repair of the Improvements, with such changes, additions or
<br />modifications of the plans and specifications or intended disposition and use of the
<br />Improvements as Lender may in its sole discretion deem appropriate or desirable to place the
<br />Mortgaged Property in such condition as will, in Lender's sole discretion, make it or any part
<br />thereof readily marketable or rentable; (h) if the Lease has been terminated, conduct a marketing
<br />or leasing program with respect to the Mortgaged Property, or employ a marketing or leasing
<br />agent or agents to do so, directed to the leasing or sale of the Mortgaged Property under such
<br />terms and conditions as Lender may in its sole discretion deem appropriate or desirable; (i)
<br />employ such contractors, subcontractors, materialmen, architects, engineers, consultants,
<br />managers, brokers, marketing agents, or other employees, agents, independent contractors or
<br />professionals, as Lender may in its sole discretion deem appropriate or desirable to implement
<br />and effectuate the rights and powers herein granted; (j) execute and deliver, in the name of
<br />Lender as attomey -in -fact and agent of Borrower or in its own name as Lender, such documents
<br />and instruments as are necessary or appropriate to consummate authorized transactions; (k) enter
<br />such leases, whether of real or personal property, or tenancy agreements, under such terms and
<br />conditions as Lender may in its sole discretion deem appropriate or desirable; (1) collect and
<br />receive the Rents (other than Excepted Payments consisting of proceeds of public liability
<br />insurance) from the Mortgaged Property; (m) eject tenants or repossess personal property, as
<br />provided by law, for breaches of the conditions of their leases or other agreements; (n) sue for
<br />unpaid Rents (other than Excepted Payments consisting of proceeds of public liability
<br />insurance), payments, income or proceeds in the name of Borrower or Lender; (o) maintain
<br />actions in forcible entry and detainer, ejectment for possession and actions in distress for rent; (p)
<br />compromise or give acquittance for Rents (other than Excepted Payments consisting of proceeds
<br />of public liability insurance), payments, income or proceeds that may become due; (q) delegate
<br />or assign any and all rights and powers given to Lender by this Security Instrument; (r) require
<br />that all amounts then being held by Lender for application by Lender towards payment of the
<br />Debt or other sums then due Lender under the Loan Documents be paid to Lender; and (s) do any
<br />acts which Lender in its sole discretion deems appropriate or desirable to protect the security
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