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<br />..\~~;l'.. <br /> <br />93- 110869 <br /> <br />secured hereby. In case Company defaults in the performance of any <br />of the covenants, promises, and agreements secured hereby or in the <br />performance of any of the Company's agreements herein contained, or <br />in the Agreement, or any of the Notes the Trustee shall be entitled <br />at any time without notice, in its sole discretion, either by its <br />agents, attorneys, employees, or by a receiver to be appointed by <br />a court, and without regard to the adequacy of any security for the <br />indebtedness hereby secured, to enter upon and take possession of <br />the Project or any part thereof, and to do and perform any act that <br />the Trustee may deem necessary or proper to conserve the value <br />thereof, and to collect and receive all accounts, rents, monthly <br />charges, issues, and profits therefrom, including those past due <br />and unpaid, as well as those accruing thereunder. The Company <br />further agrees that the Trustee may also take possession of, and <br />use any and all personal property contained in the Project and used <br />by the Company in the operation, rental or leasing of the Project, <br />or any part thereof. The Trustee shall apply all such accounts, <br />rents, monthly charges, issues, and profits collected or received <br />by it in the manner as provided in the Indenture. The expense <br />(including receiver's fees, if any, the compensation to any agent <br />appointed by the Trustee, and counsel fees and costs and disburse- <br />ments) incurred in taking possession and effecting such collection, <br />shall be deemed a portion of the expense of this Mortgage secured <br />hereby. Neither the collection of such accounts, rents, monthly <br />charges, issues, and profits and the application or release thereof <br />as aforesaid, shall cure or waive any default. Said accounts, <br /> <br />15 <br /> <br />