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I ~ ~~ ~,~ 1.t. ,.- 102043 4. B Shou ld any pa rt of the Mo r tgaged Prope rty come into the possession of Holder. whether before or after default, Holder may use or operate the Mortgaged Property (i) for the purpose of preserving it or its value, (ii) in accordance with any other rights held by Holder in respect of the Mortgaged Property, or (iii) pursuant to the order of a court of appropriate jurisdiction. Trustor covenants to promptly reimburse and pay to Holder, at the place where the note is payable, or at such other place as may be designated by Holder in writing, the amount of all reasonable expenses (including the cost of any insurance, taxes or other charges) incurred by Ho lder in connect ion wi th its custody, preserva t ion, use 0 r operation of the Mortgaged Pro?erty, together with interest thereon from the date incurred by Holder until repaid by Trustor at the Default Rate, and all such expenses, costs, taxes, interest and other charges shall be a part of the Secured Indebtedness. It is agreed, however, that the risk of accidental loss or damage to the Mortgaged Property is on Trustor, and Holder shall have no liability whatever for decline in value of the Mortgaged Property, or for failure to obtain or maintain insurance, or for failure to determine whether any insurance ever in force is adequate as to amount or as to the risks insured. 4.9 The proceeds f rom any sa Ie, lease or othe r dispos it ion made pursuant to this Article IV or the proceeds from sur rendering any i nsu rance po 1 ic ies requ ired pursuant to the Loan Agreement, or the reser~es required by Section 6.6 hereof, or Awards received pursuant to Section 6.4 hereof, or Casualty Proceeds which Ho lder elects to apply to the Secured Indebtedness pursuant to Section 6.5 hereof, shall be applied by the Trus tee, 0 r by Ho lder, as the case may be, as fo llows : First, to the payment of all expenses of exercising the power of sale and of the sale, including, without limitation, the payment of trustee's fees incurred therewith not to exceed five percent (5%) of the balance of the Secured Indebtedness; second, to reasonable attorneys' fees and costs of collection; third, to the cost of any evidence of title procured in connection with such sale and of any revenue required to be paid; fourth, to accrued interest on the Secured Indebtedness; fifth, to principal on the unmatured portion of the Secured Indebtedness; sixth, to prepayment of the unmatured portion, if any, of the Secured Indebtedness applied to installments of principal in inverse order of maturity; and seventh the balance, if any, remaining after the full and final payment and performance of the Secured Indebtedness, to whomever is lawfully entitled to the same. 4.10 In the event a foreclosure hereunder, Holder may at any time before should be commenced the sa Ie di rect the - 9 - L -l L