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200600597 prior to the appointment of a receiver. Such receiver and his agents shall be empowered (i) to take possession of the Premises and any businesses conducted by Grantor or any other person thereon and any business assets used in connection therewith and, if the receiver deems it appropriate, to operate the same, (ii) to exclude Grantor and Grantor's agents, servants, and employees from the Premises, (iii) to collect the rents, issues, profits, and income therefrom, (iv) to complete any construction which may be in progress, (v) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (vi) to use all stores of materials, supplies, and maintenance equipment on the Premises and replace such items at the expense of the receivership estate, (vii) to pay all taxes and assessments against the Premises, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, and (viii) generally to do anything which Grantor could legally do if Grantor were in possession of the Premises. All expenses incurred by the receiver or his agents shall constitute a part of the Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Obligations have been discharged in full, or until title to the Premises has passed after foreclosure sale and all applicable periods of redemption have expired. 4.06 Enforcement. If an Event of Default shall have occurred, in addition to the rights and remedies set forth elsewhere herein, Beneficiary shall have all rights and remedies permitted by law and/or any document evidencing or securing the Obligations, including, but not limited to, the following: ( a) Beneficiary shall be entitled to proceed to foreclose (or direct Trustee to foreclose) this Instrument and to cause the sale of all or any portion of the Premises for cash or upon such terms and conditions as Beneficiary may deem expedient, under the judgment or decree of a court or courts of competent jurisdiction in order to pay the Obligations secured hereby and accrued interest thereon and insurance premiums, liens, assessments, taxes and charges, including utility charges, if any, with accrued interest therein, and all expenses of sale and of all proceedings in connection therewith, including reasonable attorneys' fees. In the event of any such foreclosure sale, Grantor shall be deemed a tenant holding over and shall forthwith deliver possession to the purchaser or purchasers at such sale or be summarily dispossessed according to provisions of law applicable to tenants holding over. (b) (i) Beneficiary may elect to cause (or to direct Trustee to cause) the Premises or any part thereof to be sold under the power of sale herein granted in any manner permitted by applicable law. (ii) In connection with any sale or sales hereunder, Beneficiary may elect to treat any of the Premises which consists of a right in action or which is property that can be severed from the real property covered hereby or any improvements thereon without causing structural damage thereto as if the same were personal property, and dispose of the same in accordance with applicable law, separate and apart from the sale of real property. -14-