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<br />200600597 <br /> <br />Beneficiary, its attorneys and agents; and all such expenses and compensation shall, until paid, <br />be secured by the lien of this Instrument. <br /> <br />4.03.03 Upon every such entering upon or taking of possession, Beneficiary <br />may hold, store, use, operate, manage and control the Premises and conduct the business thereof, <br />and, from time to time (i) make all necessary and proper maintenance, repairs, renewals, <br />replacements, additions, betterments and improvements thereto and thereon and purchase or <br />otherwise acquire additional fixtures, personalty and other property; (ii) insure or keep the <br />Premises insured; (iii) manage and operate the Premises and exercise all the rights and powers of <br />Grantor to the same extent as Grantor could in Grantor's own name or otherwise with respect to <br />the same; and (iv) enter into any and all agreements with respect to the exercise by others of any <br />of the powers herein granted Beneficiary, all as Beneficiary from time to time may determine to <br />be in the best interest of the Beneficiary. Beneficiary may collect and receive all the rents, <br />issues, profits and revenues from the Premises, including those past due as well as those accruing <br />thereafter, and, after deducting (aa) all reasonable expenses of taking, holding, managing and <br />operating the Premises (including compensation for the services of all persons employed for such <br />purposes); (bb) the cost of all such maintenance, repairs, renewals, replacements, additions, <br />betterments, improvements, purchases and acquisitions; (cc) the cost of such insurance; (dd) such <br />taxes, assessments and other similar charges as Beneficiary may at its option pay; (ee) other <br />proper charges upon the Premises or any part thereof; and (ft) the reasonable compensation, <br />expenses and disbursements of the attorneys and agents of Beneficiary, Beneficiary shall apply <br />the remainder of the moneys and proceeds so received by Beneficiary first to the payment of <br />accrued interest; second, to the payment and satisfaction of the Obligations; and third, to Grantor <br />or as otherwise may be required by applicable law. <br /> <br />4.03.04 Whenever all that is due upon such Obligations and under any of the <br />terms, covenants, conditions and agreements of this Instrument shall have been paid and all <br />Events of Default made good, Beneficiary shall surrender possession of the Premises to Grantor, <br />its successors or assigns. The same right of taking possession, however, shall exist if any <br />subsequent Event of Default shall occur. <br /> <br />4.04 Performance bv Beneficiarv of Defaults of Grantor. If Grantor shall default in the <br />payment, performance or observance of any term, covenant or condition of this Instrument, <br />Beneficiary may, at its option, pay, perform or observe the same, and all payments made or costs <br />or expenses incurred by Beneficiary in connection therewith, shall be secured hereby and shall <br />be, without demand, immediately repaid by Grantor to Beneficiary with interest thereon at the <br />default rate provided in the Credit Agreement. Beneficiary shall be the sole judge of the <br />necessity for any such actions and of the amounts to be paid. Beneficiary is hereby empowered <br />to enter and to authorize others to enter upon the Premises or any part thereof for the purpose of <br />performing or observing any such defaulted term, covenant or condition without thereby <br />becoming liable to Grantor or any person in possession holding under Grantor. <br /> <br />4.05 Receiver. If an Event of Default shall have occurred and shall not have been <br />expressly waived by Beneficiary, Beneficiary shall be entitled, as a matter of absolute right and <br />without regard to the value of any security for the Obligations or the solvency of any person <br />liable therefor, to the appointment of a receiver for the Premises upon ex parte application to any <br />court of competent jurisdiction. Grantor waives any right to any hearing or notice of hearing <br /> <br />-13- <br />