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51668048.5 16 201508663 As an alternative, Lender, at its option, may bring any action in any court of competent jurisdiction to foreclose this Mortgage or enforce any of the covenants hereof. The Trustee may sell and convey the Mortgaged Property under the power aforesaid, although the Trustee has been, may now be or may hereafter be attorney or agent of the Lender in respect to the loan made by the Lender evidenced by the Note or any part thereof or this Mortgage or in respect to any matter of business whatsoever. The Trustee hereby lets the Mortgaged Property to the Borrower until a sale be had under the foregoing provisions, upon the following terms and conditions, such letting being to -wit: The Borrower and every and all persons claiming or possessing the Mortgaged Property, or any part thereof, by, through or under Borrower shall pay rent therefor during said term at the rate of one cent per month, payable monthly upon demand, and without notice or demand shall surrender immediate peaceable possession of said premises, to the purchaser thereof, under such sale. Should possession not be surrendered as provided for herein the purchaser shall be entitled to institute proceedings for possession as aforesaid. Except to the extent contrary to law, Borrower waives the benefit of all laws now existing or that hereafter may be enacted providing for (i) any appraisement before sale of any portion of the Mortgaged Property, (ii) any exemption, under and by virtue of any statute of the State, and (iii) the benefit of all laws that may be hereafter enacted in any way extending the time for the enforcement and collection of the Loan secured hereby or creating or extending a period of redemption from any sale made in collecting the Loan secured hereby. In any action or proceeding to foreclose this Mortgage, Lender shall be at liberty to apply, without notice, for the appointment of a receiver for the rents and profits of the Mortgaged Property, and shall be entitled to the appointment of such a receiver as a matter of right without regard to the value of the Mortgaged Property as security for the Loan due Lender or the solvency of any person, or corporation, liable for the payment of such Loan. (d) Appointment of Receiver. Lender may have a receiver of all or part of the Mortgaged Property appointed. Borrower hereby consents to, and will not oppose any such appointment. Such appointment may be made either before or after foreclosure sale, without notice, by ex parte application and shall be entitled to the appointment of such a receiver as a matter of right without regard to the solvency or insolvency of Borrower and without regard to the then current value or condition of the Mortgaged Property or whether such appointment is necessary to prevent waste of the Mortgaged Property, and regardless of whether Lender has an adequate remedy at law. Lender or any agent of Lender may be appointed as such receiver. Such receiver shall have power: (i) to collect the Rents, issues and profits of the Mortgaged Property; (ii) to extend or modify any then existing Leases and to make new Leases, which extensions, modifications and new Leases may provide for terms to expire, or for options to tenants to extend or renew terms to expire beyond the maturity date of the Secured Obligations and beyond the date of the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon Borrower and all persons whose interests in the Mortgaged Property are subject to the lien hereof and upon the purchaser or