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200804918 revoke the privilege granted Mortgagor hereunder to collect the rents and profits, and may, at its option, without notice, either: (a) in person or by agent, with or without taking possession of or entering the Premises (or taking action equivalent thereto), with or without bringing any action or proceeding, give, or require Mortgagor to give, notice to any or all tenants under any lease authorizing and directing the tenant to pay such rents and profits to Mortgagee; collect all of the rents and profits; enforce the payment thereof and exercise all of the rights of the landlord under the leases and all of the rights of Mortgagee hereunder; may enter upon, take possession of, manage and operate said Premises, or any part thereof; may cancel, enforce or modify the leases, and fix or modify rents, and do any acts which Mortgagee deems proper to protect the security hereof with or without taking possession of the Premises (or taking action equivalent thereto); or (b) apply for the appointment of a receiver in accordance with the statutes and law made and provided for, which receivership Mortgagor hereby consents to, who shall collect the rents and profits, and all other income of any kind; manage the Premises so to prevent waste; execute leases within or beyond the period of receivership, and perform the terms of this Deed of Trust and apply the rents and profits as hereinafter provided. The entering upon and taking possession of the Premises (or taking action equivalent thereto), the appointment of a receiver, the collection of such rents and profits and the application thereof as aforesaid shall not cure or waive any Event of Default under this. Deed of Trust nor in any way operate to prevent Mortgagee from pursuing any other remedy which it may now or hereafter have under the terms of this Deed of Trust nor shall it in any way be deemed to constitute Mortgagee a mortgagee-in-possession. The rights and power of Mortgagee hereunder shall remain in full force and effect both prior to and after any foreclosure of this Deed of Trust and any sale pursuant thereto and until expiration of the period of redemption from said sale, regardless of whether a deficiency remains from said sale. The purchaser at any foreclosure sale, including Mortgagee, shall have the right, at any time and without limitation as provided by law, to advance money to any receiver appointed hereunder to pay any part or all of the items which the receiver would otherwise be authorized to pay if cash were available from the Premises and the sum so advanced, with interest at the rate then in effect under the terms of the Note, shall be a part of the sum required to be paid to redeem from any foreclosure sale. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Premises are in danger of being lost, materially injured or damaged or whether the Premises are adequate to discharge the Indebtedness. 6.5 Application of Rents. Any rents collected pursuant to the terms of Section 6.4 hereof shall be applied in the following order: (i) to payment of all fees of any receiver appointed hereunder; (ii) to application of tenant's security deposits as may be required by law; (iii) to payment when due of prior or current real estate taxes or special assessments with respect to the Premises or, if this Deed of Trust so requires, to the periodic escrow for payment of the taxes or special assessments then due; (iv) to payment when due of premiums for insurance of the type required by this Deed of Trust or, if this Deed of Trust so requires, to the periodic escrow for the payment of premiums then due; and (v) to payment of all expenses for normal maintenance of the Premises. Any rents remaining after application of the above items shall be applied to the Indebtedness on a monthly basis. If the Premises shall be foreclosed and sold pursuant to a foreclosure sale, then: 19 DoC# 2675364\2