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r <br />a <br />g 000717 <br />SECOND: To the payment of the Note and any other <br />indebtedness secured hereby; and <br />THIRD: The remainder, if any, shall be paid to the <br />Mortgagor, its successors or assigns, or to whomsoever may <br />be lawfully entitled to receive the same, or as a court of <br />competent jurisdiction may direct. <br />The recitals contained in any conveyance made by Mortgagee to <br />any purchaser at any sale made pursuant to this Section shall <br />conclusively, to the extent permitted by law, establish the <br />truth and accuracy of the matters therein stated, including, <br />without limiting the generality of the foregoing, the amount of <br />the unpaid principal of and the interest on the indebtedness <br />secured hereby, the nonpayment thereof, and the advertisement <br />and conduct of such sale in the manner provided in this Section <br />of any of the Mortgaged Property, and all prerequisites to such <br />sale shall be presumed to have been satisfied and performed. <br />Section 7. Mortgagee May Purchase. Mortgagee shall have <br />the right to become the pure ase rat any sale held by Mort- <br />gagee, or by any receiver or public officer, and shall have the <br />right to be credited upon the amount of the bid made therefore <br />with the amount payable to Mortgagee out of the net proceeds of <br />such sale. <br />thatSafternan.event oointmeenauot uncervtre terms Mhereofooraofethe <br />Note, or of any intercreditor agreement or other agreement pur- <br />suant to which this Mortgage and Security Agreement has been <br />executed and delivered shall have occurred, Mortgagee shall be <br />entitled, as a matter of right, without regard to the adequacy <br />of the security for the indebtedness hereby secured, or the <br />solvency of the Mortgagor, to the appointment of a receiver or <br />receivers of Mortgagee s choice, except as may be prohibited by <br />law, of all or any part of the Mortgaged Property and the rents, <br />issues, profits, revenues, and other income thereof, whether <br />such receivership be incident to a proposed sale thereof or <br />otherwise, and the Mortgagor does hereby consent to the <br />appointment of such receiver or receivers and agrees not to <br />oppose any application therefore by the Mortgagee or any <br />appointment pursuant thereto. <br />7 <br />X <br />