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.0,1095i <br />Properties and if, and to tile extent, permitted by law, the Mortgagee may enter and take possession <br />of'the Mortgaged Properties and may exclude the Mortgagor and the Mortgagor's agents wholly therefrom. <br />(b) Upon every such entering and taking of possession, tile Mortgagee may hold, store, use, operate, <br />manage, control, -and maintain the Mortgaged Properties and conduct the business thereof, and, from <br />time to time, (�) make all necessary and proper repairs, renewals, replacements, additions, betterments <br />and improvements thereto and thereon and Purchase or otllei,wise`�acquire additional fixtures, equipment, <br />personalty and other property; 0i) insure or keep the Mortga6ed Properties insured; (iii) manage and <br />operate tile Mortgaged Properties and exercise all the righti and powers of tile': Mortgagor in its name <br />or otherwise, with respect to the same and (iv) enter into aIny'and all agreements with respect to the <br />exercise by others of any of the powers herein granted theiMortgagee, all as th"e Mortgagee may from <br />I <br />time- to time determine to be to its best advantage; and th e Mortgagee may collect and receive all of <br />tile income, rents, profits, issues and revenues. of the Mortgaged Properties, including the past due as <br />well as those accruing thereafter and, after deducting (aa) al.1 expenses of taking, holding, managing and <br />operating the Mortgaged Properties (including compensation for the services of all persons employed <br />for such purposes); (bb) the cost of all such maintenance,- repairs, renewals, replacements, additions, <br />betterments, improvements, purchases, and acquisitions; (cc) 'tile cost of such insurance; (dd) such taxes, <br />assessments and other charges prior to the lien of this Mortgage as tile Mortgagee may determine to <br />pay; (ee) other proper charges upon the Mortgaged Properties: or any part thereof arid (ff) tile reasonable <br />compensation and expenses of attorneys and agents of the Mortgagee, shall apply tile remainder of the <br />money so received by the Mortgagee, first to the payment of laccrued interest, and finally to the.payment <br />of' overdue installments of principal; all such payments of principal and interest to be made ratably <br />to* the holders of the Notes. <br />(C) For tile purpose of carry"ing Out tile provisions herein given, the Mortgagor hereby constitutes <br />-arid appoints tile Mortgagee the true and lawful attorney -in ! -fact, of the Mortgag or to do and perform, <br />from time to time, any and all actions necessary. arid incidental to Such [Airpose and does, by these <br />presents, ratify and confirm any and all actions of said attorney-in-fact in tile Mortgaged Properties. <br />. 1) Whenever all such Events of Default have been Cured and satisfied, tile Mortgagee shall surrender <br />tile possession of the Mortgaged Properties to tile Mortgagor, provided that the right of the Mortgagee <br />to take possession, from time to time, pursuant to tile provisions liereinabove stated, shall exist if any <br />subsequent Event of Default shall occur and be continuing'. <br />12.8 Appointment of Receiver. <br />(a) If an Event of Default shall have occurred arid be continuing, the Mortgagee, upon application <br />to a court of competent jurisdiction, shall be entitled as a matter of right, without notice, and Without <br />regard to tile adequacy of any security for the indebtedness hereby secured or the solvency of any <br />party bound for its payment, to tile appointment of a rec:eiver to take possession of and to operate <br />the Mortgaged Properties and to collect the rents, profits, issues, and revenues thereof. <br />(b) The Mortgagor will pay to tile Mortgagee upon d , mand:all expenses, including receiver's fees,. <br />L <br />att - Qrney's fees, costs and agent's compensation, incurred pursuant to the provisions contained hereinabove; <br />and all such expenses shall be secured by this Mortgage. <br />12.9 Discontinuance of Proce6dings. In case the Mortgaged�..shall have proceeded to enf&ce any <br />right or remedy under this Mortgage' by receiver, entry or 'Otherwise, and such proceedings shall have <br />bc�n discontinued or abandoned for any reason or sliall have been determined adversely to the Mortgagee, <br />th�en and in every such case tile Mortgagor and the Mortgagee shall be restored to their former positions <br />.9. <br />'2 <br />