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<br />Real Property in any manner permitted by the laws of the State in which this Instrument is
<br />recorded.
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<br />200605846
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<br />(c) Receiver. In addition to all other remedies herein provided, Lender shall, as a
<br />matter of right, be entitled to an ex parte appointment of a receiver or receivers without notice,
<br />notice being hereby expressly waived, for all or any part of the Real Property without regard to
<br />the value of the Real Property or the solvency of any person or persons liable tor the payment of
<br />the amount owing under the Revolving Loan Agreement and Borrower does hereby consent to the
<br />appointment of such receiver or receivers, waives any and all defenses to such appointment and
<br />agrees not to oppose any application therefore by Lender, but nothing herein is to be construed to
<br />deprive Lender of any other right, remedy or privilege it may now have under law to have a
<br />receiver appointed; provided, however, that the appointment of such receiver, trustee or other
<br />appointee by virtue of any court order, statute or regulation shall not impair or in any manner
<br />prejudice the rights of Lender to receive payment of the rents and income. Any money advanced
<br />by Lender in connection with any such receivership shall be a part of the indebtedness secured
<br />hereby and shall be payable by Borrower to Lender as provided in this Instrument. The receiver
<br />or its agents shall be entitled to enter upon and take possession of any and all of the Real
<br />Property. The receiver, personally or through its agents or attorneys, may exclude Borrower and
<br />its agents, servants and employees wholly from the Real Property, and have, hold, use, operate,
<br />manage and control the same and each and every part thereof, and keep insured the properties,
<br />equipment and apparatus provided or required for use in connection with the business or
<br />businesses operated on the Real Property, and make all such useful alterations, additions,
<br />betterments and improvements as the receiver may deem judicious. Such receivership shall, at
<br />the option of Lender, continue until full payment of all sums hereby secured, or until title to the
<br />Real Property shall have passed by foreclosure sale under this Instrument and the period of
<br />redemption, if any, shall have expired.
<br />
<br />(d) Waivers. Except as may be prohibited by applicable law, Borrower hereby
<br />expressly waives and releases any and all rights or redemption or periods of redemption in the
<br />event of foreclosure of this Instrument. Borrower further expressly waives and releases all rights
<br />of exemption of some of the Real Property or proceeds thereof from attachment, levy or sale on
<br />execution, all rights of appraisement or valuation and all benefits of any homestead exemption.
<br />
<br />21. ENVIRONMENTAL MATTERS.
<br />
<br />a. Defined Terms. As used in this paragraph, the following terms shall have the
<br />following meanings:
<br />
<br />(l) "Contaminant" means any pollutants, hazardous or toxic substances or
<br />wastes or contaminated materials including but not limited to oil and oil products,
<br />asbestos, asbestos containing materials, urea formaldehyde foam insulation, transformers
<br />or other equipment which contain dielectric fluid containing levels of polychlorinated
<br />biphenyls, flammables, explosives, radioactive materials, laboratory wastes, chemicals,
<br />elements, compounds or any other materials and substances (including materials,
<br />substances or things which are composed of or which have as constituents any of the
<br />foregoing substances), which are or may be subject to regulation under, or the Release of
<br />which or exposure to which is prohibited, limited or regulated under any Environmental
<br />Law.
<br />
<br />(2) "Enforcement Action" means any action, proceeding or investigation
<br />(administrative or judicial, civil or criminal) instituted or threatened by U.S.
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