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<br />89-IM
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<br />4.4 Should any part of the Mortgaged Property comb into
<br />the possession of Holder, whether befOte or after default.
<br />Holder my use or operate the mortgaged property (1) for the
<br />pnspOSe of pre8erv109 4t or its value, (illy in accordance with
<br />say other rights belt! by Holder in respect of the Mortgaged
<br />proper , or (III) pursuant to that order of a court of
<br />apltofsflato Jurisdiction. Trustor covenants to
<br />seisabsesse and promptly
<br />Way to Holder, at the place wbesg the note is
<br />lsyabie, or at such other place as WAY be duins._tq__ ky _ -2 - -
<br />�. unt o a seasoaait expenses (including.
<br />the coact Of say insurance, rases or Other ehar�s)_'., iACUrred.. -by
<br />-MO r In- -connection With Its, custody, preservation, use or
<br />operation of the NOrtgaged Property, to4etber with interest
<br />thereon from the date incurred by molder until repaid by
<br />Trustor at the Default Rate, and all such ,expenses, costs, `
<br />tares, interest and other charges shall be s_ part of the
<br />Secured Indebtedness. it is agreed, however, that the rink of
<br />accidental loss or damage to the "Ortgaged property to on
<br />Trustor, and !older shall have no liability "stover for
<br />decline in value of the Mortgaged property, or for-failure to _
<br />obtain or maintain insurance, or fbr failus� ::ite.::tli�etestaine
<br />whether any insurance ever in force is adequate as .** ,amount a
<br />as to the risks insured.
<br />4.9 The proceeds from any sale, lease or other.dtspiaftion
<br />made pursuant to this Article IV or the proceeds from
<br />surrendering any insurance policies required pursuant to the
<br />Loan Agreement, or the reserves required by Socti.on_ hereof,
<br />or Awards received pursuant to Section 6.4 hereof, or Casualty
<br />Proceeds which Holder elects to apply to, the Secured
<br />Indebtedness .pursuant to, Section 6.5 hereof, shall be applied
<br />by the Trustee, or by Holder, as the cane: may be, as follows:
<br />-firsts to th• payment of all eslee; SAX, of *2erciting the power
<br />of - # #le and of the sale, including, without Iitet #an. the
<br />palu"t' of trustae•s fees incurred therewith note to exceed five
<br />percent (Sb) of the balance of tho Secured- Indebtedness;
<br />second, to reasonable attorneys• fees and costs.of collection;
<br />third,; to the cost of any evidence of tulle procured in
<br />conneigtion with such sale and of any revenue :r�tquired to be
<br />paid: fourth, to accrued interest on the, Secured IAdeb"aness;
<br />fifth, . to principal on tb* umeatured position of thw facured
<br />Indebtedness; sixth, to prepayment of the`...umaaturi4 poirtri©'n, if
<br />any,: Of the Secured Indebtedness applied to iaetallmets of
<br />principal in inverse order of ' maturity; and' sever.'tb' . the
<br />balance, if any, remainiaq...after the full :and final pay**i%t and
<br />performance of the Secured Indebtednes t, to whomevicer is
<br />lawfully entitled to the sa'*
<br />4.10 in the event a foreclosure should be commenced
<br />hereunder, Voider may at any time before the sale direct the ;
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