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<br />required or necessary prior to or following transfer of title to the Property, to the full extent that
<br />such action is attributable, directly or indirectly, to the presence or use, generation, storage,
<br />release, threatened release or disposal of Hazardous Materials by any person on the Property
<br />prior to transfer of title thereto by Mortgagee. The foregoing warranties and representations, and
<br />Mortgagors' obligations pursuant to the foregoing indemnity, shall survive repayment of the Note
<br />and the release of this Mortgage.
<br />10. As additional security hereunder, Mortgagors hereby assign to Mortgagee the
<br />rents, issues and profits of the Property, provided that Mortgagors shall, prior to acceleration of
<br />the indebtedness hereby secured or abandonment of the Property, have the right to collect and
<br />retain such rents, issues and profits as they become due and payable. Upon acceleration or
<br />abandonment of the Property, Mortgagee may, either in person or by agent, with or without
<br />bringing any action or proceeding, or by a receiver appointed by a court and without regard to
<br />the adequacy of its security, enter upon and take possession of the Property, or any part thereof,
<br />and do any acts which it deems necessary or desirable to preserve the value, marketability or
<br />rentability of the Property, or any part thereof or interest therein, increase the income therefrom
<br />or protect the security thereof and, with or without taking possession of the Property, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including attorneys' fees,
<br />upon any indebtedness secured hereby, all in such order as the Mortgagee may determine. The
<br />entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits and the application thereof as aforesaid shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the Property or the
<br />collection, receipt and application of rents, issues or profits, and the Mortgagee shall be entitled
<br />to exercise every right provided for in this Mortgage or any other instrument of security securing
<br />the performance required by the Note or by law upon occurrence of any Event of Default.
<br />Further, Mortgagee's rights and remedies under this paragraph shall be cumulative with, and in
<br />no way a limitation on, Mortgagee's rights and remedies under any Assignment of Leases and
<br />Rents recorded against the Property. Mortgagee and the receiver shall be liable to account only
<br />for those rents actually received.
<br />11. That this Mortgage is made upon the express condition that if all sums secured
<br />hereby shall be paid at the time, place and manner mentioned in the Mortgage, or in any of the
<br />covenants of this section which shall be adopted by reference, the Mortgage and the estate
<br />therein mentioned and described shall cease, determine and be void, and the Mortgagors, for
<br />themselves, their heirs, executors, administrators, successors and assigns, covenant and agree to
<br />pay in lawful money of the United States to the Mortgagee all sums secured by the Mortgage, or
<br />by the terms of the covenants adopted by reference at the time and in the manner therein
<br />provided, and if default be made in the payment of the principal or any other sum due or any part
<br />thereof described in the Mortgage, or of any Promissory Note or other instrument or obligation
<br />for which such Mortgage is given as security, the whole of the principal sum for which the
<br />Mortgage is given, which shall be then unpaid, shall become forthwith payable, although the
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