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, � . ' 9�y,C�5138 � . of the Premises, and of placing the Premises in such condition as will, in the judgment of Trustee, make it readily rentable; and (d) to the payment of any indebtedness secured hereby or any deficiency which may result from any foreclosure sale. 3 . 6 Appointment of Receiver. Trustee shall be entitled, upon or at any time after the commencement of any proceedings instituted upon the occurrence of an uncured event of default hereunder, as a matter of strict right, upon the order of any court of competent jurisdiction, to the appointment of a receiver of the Premises. Such appointment may be made either before or after sale, without notice, without regard to the solvency or insolvency of Grantor at the time of application for such receiver and without regard to the then value of the Premises or whether the same shall be then occupied as a homestead or not and Benef iciary hereunder or any holders hereof may be appointed as such receiver. Such receiver shall have power: (a) to collect the rents, issues and profits of the Premises; (b) 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 lessees to extend or renew terms to expire, beyond the maturity date of the indebtedness hereunder 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 Grantor and all persons whose interests in the Premises are subject to the lien hereof and upon the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge on the mortgage indebtedness, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any purchaser; and (c) all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the Premises. The court from time to time may authorize the receiver to apply the net income in his hands in payment in whole or part of (i) the indebtedness secured hereby, or any tax, special assessment or other lien which may be or become superior to the lien of this Deed or of such decree, provided such application is made prior to foreclosure sale; (ii) and if this is a leasehold mortgage, all rents due or which may become due under the underlying lease; (iii) the deficiency in case of a sale and deficiency. 3 .7 Remedies Not Exclusive. Trustee and Beneficiary shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed to trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed nor its enforcement whether by court action or other powers herein contained, shall prejudice or in any manner affect Trustee or Beneficiary to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary shall be e-ntitled to enforce this Deed and any other security now or hereafter held by Trustee and Beneficiary in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee and Beneficiary or to which they may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee and Beneficiary, and Trustee and Beneficiary may pursue inconsistent remedies. No delay by Beneficiary in -19-