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85-- 004553 and place at or after which any such sale or other disposi- tion is to be made and agrees that the Trustee may purchase all or any portion of said properties by means of a private sale to itself. The Borrower acknowledges, covenants, and agrees that the Trustee enforcing its rights and remedies shall not be considered as the discharge or satisfaction of the Bor- rower's obligations in accordance with the Notes. The Borrower acknowledges and agrees, in the event that all or any portion of said properties are sold or otherwise disposed of by the Trustee, it shall be liable for any deficiency due under the Notes after the proceeds of the disposition of the said properties are applied pursuant to the applicable provisions of the UCC. The Borrower hereby agrees that it shall and will indemnify and hold harmless the Trustee at all times from and after the date of this Mortgage, for and from any and all claims, losses, damages, charges and expenses of every and any kind and character whatsoever growing out of or referable to this Mortgage, growing out of a referable to the Trustee's taking possession of said properties, growing out of or referable to any and all actions taken or not taken by the Trustee as a secured party or mortgage or growing out of or referable to any and all actions taken or not taken by the Trustee in using, improving, operating, holding, leasing or selling or otherwise disposing of all or any portion of the said properties. Section 26. lion- Waiver. Acceptance by the Trustee of any sum in payment or part payment of any indebtedness secured hereby, after the same is due or after foreclosure proceedings are filed, shall not constitute a waiver of the right to require prompt payment when due, of all the sums so secured, nor shall such acceptance cure or waive any remain- ing default or invalidate any foreclosure proceedings for any such remaining default or prejudice any of the rights of Issuer or the Trustee under this Mortgage. Further, the failure of the Trustee to insist upon the strict performance of any of the covenants or agreements of the Borrower con- tained in this Mortgage, or the delay by Trustee in the enforcement of any of its remedies herein upon any default of the Borrower shall never constitute a waiver of any requirement or obligation of the Borrower contained in or based upon said covenants or agreements. Section 27. Remedies Cumulative. No remedy herein or in the Agreement conferred upon or reserved to the Trus- tee or the Issuer is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy -18- L