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85004553
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Last modified
10/18/2011 1:01:12 AM
Creation date
4/1/2008 5:00:30 PM
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DEEDS
Inst Number
85004553
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F <br />85--- 0045581 <br />and without notice, declare the whole of the principal and <br />accrued interest on the Notes remaining unpaid immediately <br />due and payable; and the Trustee may, at its option, insti- <br />tute proceedings for the collection at law or in equity of <br />all indebtedness due under the provisions of the Agreement, <br />the Notes, and this Mortgage; and upon any such default, the <br />Trustee may immediately cause this Mortgage to be foreclosed <br />in the manner prescribed by law, and upon the commencement <br />of foreclosure proceedings, shall be entitled to have a <br />receiver appointed to take possession and charge of the <br />Project during the pendency of the foreclosure proceedings <br />and during the prepayment period, to rent same and receive <br />and collect the rents, issues and profits thereof, under the <br />direction of the court, and any amount so collected-by such <br />receiver shall be applied under direction of the court upon <br />the costs and expenses of the receivership, expense of <br />insurance on the improvements, expense of repairs, 'taxes, <br />assessments and on the Mortgage indebtedness as provided in <br />the Indenture. <br />Upon the occurrence of an Event of Default hereunder, <br />and at any time thereafter, the Trustee shall have all the <br />rights and remedies available to a secured party under the <br />Uniform Commercial Code (the "UCC "), and in conjunction or <br />in addition to such rights and remedies, the Borrower <br />(i) hereby agrees that the Trustee or its representatives <br />may take possession of such of the Project as is not real <br />estate and may enter any premises of the Borrower to take <br />possession of said properties and the proceeds thereof;-(ii) <br />authorizes and empowers the Trustee and its representatives <br />to take possession of said premises and the proceeds thereof <br />from any and all third parties; and (iii) acknowledges and <br />agrees that the Trustee's taking possession of said prop- <br />erties and the proceeds thereof will not be considered as a <br />breach of the peace and may be done without the order of any <br />court. <br />The Borrower hereby agrees that upon the Trustee's <br />taking possession of the said properties and the proceeds <br />thereof, the Trustee shall have and is hereby granted the <br />right to use, improve, operate, hold, lease, sell or other- <br />wise dispose of said properties and the proceeds thereof or <br />any portion thereof, in such a manner and for such an amount <br />as the Trustee, in its sole discretion, deems to be in the <br />best interest of the holders of the Bonds. In the event the <br />Trustee sells or otherwise disposes of all or any portion of <br />said properties, the Borrower acknowledges and agrees that <br />any sale of such of the properties, after having given the <br />Borrower fifteen (15) days' written notice, including the <br />method, manner, time, place and terms, shall be conclusively <br />deemed to be commercially reasonable and such disposition <br />shall be deemed to be commercially reasonable and the Bor- <br />rower hereby waives any and all further notice of the time <br />-17- <br />E V <br />
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