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86101845
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Last modified
10/18/2011 9:24:00 AM
Creation date
3/31/2008 2:17:47 PM
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DEEDS
Inst Number
86101845
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86- 101845 <br />management and operation of the Collateral, as the Agent in <br />its discretion may deem proper, the Mortgagor hereby <br />granting the Agent full power and authority to exercise each <br />and every one of the rights, privileges and powers contained <br />herein at any and all times after any Default without notice <br />to the Mortgagor or any other person. The Agent, in the <br />exercise of the rights and powers conferred upon it hereby, <br />shall have full power to use and apply the Rents to the <br />payment of or on account of the following, in such order as <br />it may determine: (a) to the payment of the operating <br />expenses of the Premises, including the cost of management <br />and leasing thereof (which shall include reasonable <br />compensation to the Agent and its agents or contractors, if <br />management be delegated to agents or contractors, and it <br />shall also include lease commissions and other compensation <br />and expenses of seeking and procuring tenants and entering <br />into Leases), established claims for damages, if any, and <br />premiums on insurance hereinabove authorized; (b) to the <br />payment of taxes, charges and special assessments, the costs <br />of all repairs, decorating, renewals, replacements, <br />alterations, additions, betterments and improvements of the <br />Collateral, including the cost from time to time of <br />installing, replacing or repairing the Collateral, and of <br />placing the Collateral in such condition as will, in the <br />judgment of the Agent, make it readily rentable; and (c) to <br />the payment of any Liabilities. <br />2.16. Performance of Contracts. The Agent may, in its <br />sole discretion at any time after the occurrence of a <br />Default notify any person obligated to the Mortgagor under <br />or with respect to any Intangible, any Contract for Sale or <br />any Contract for Construction of the existence of a Default, <br />require that performance be made directly to the Agent at <br />the Mortgagor's expense, and advance such sums as are <br />necessary or appropriate to satisfy the Mortgagor's <br />obligations thereunder; and the Mortgagor agrees to <br />cooperate with the Agent in all ways reasonably requested by <br />the Agent (including the giving of any notices requested by, <br />or joining in any notices given by, the Agent) to accomplish <br />the foregoing. <br />2.17. No Liability on Trustees, Agent or Lenders. <br />Notwithstanding anything &o--ntained herein, the Trustees, the <br />Agent and the Lenders shall not be obligated to perform or <br />discharge, and do not hereby undertake to perform or <br />discharge, any obligation, duty or liability of the <br />Mortgagor, whether hereunder, under the Pester Leases and <br />the Pester Contracts, under any of the Leases, under any <br />Intangible, under any Contract for Construction, under any <br />Contract for Sale or otherwise, and the Mortgagor shall and <br />-29- <br />T <br />_._.1 <br />
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