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200809014 (without being required to do so, and in its sole and absolute discretion) to cause successive sales of portions of the Mortgaged Property to be held. (d) In the event of any breach of any of the covenants, agreements, tenns or conditions contained in this Deed of Trust, Agent shall be entitled to enjoin such breach and obtain specific perfonnance of any covenant, agreement, term or condition and Agent shall have the right to invoke any equitable right or remedy as though other remedies were not provided for in this Deed of Trust. (e) It is agreed that if an Event of Defaultshall occur and be continuing, any and all proceeds of the Mortgaged Property received by the Agent shall be held by the Agent for the benefit of the Lenders as collateral security for the Lender Obligations (whether matured or unmatured), and shall be applied in payment of the Lender Obligations in accordance with the terms and provisions of the Credit Agreements. (f) In the case of an Event of Default whereby the right of foreclosure occurs hereunder, the Trustee, the Agent, if applicable, or the holder of said certificate of purchase shall at once become entitled to the possession, use and enjoyment of the Mortgaged Property, and to the rents, issues and profits thereof from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and such possession shall at once be delivered to the Trustee or the Agent, if applicable, or the holder of said certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the Trustee or the Agent or holder of certificate of purchase by any appropriate civil suit or proceeding, and the Trustee, Agent or holder of certificate of purchase, or any thereof, shall be entitled to a Receiver for said property and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the Mortgagor or of the then owner of said Mortgaged Property and without regard to the value thereof. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice ~ notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions of the court. 15. Right of Agent to Credit Sale. Upon the occurrence of any sale of all or any portion of the Mortgaged Property made under this Deed of Trust, whether made under the power of sale or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, Agent may bid for and acquire the Mortgaged Property or any part thereof. In lieu of paying cash therefor, Agent may make settlement for the purchase price by crediting upon the Lender Obligations or other sums secured by this Deed of Trust, the net sales price after deducting therefrom the expenses of sale and the cost of the action and any other sums that Agent is authorized to deduct under this Deed of Trust. In such event, this Deed of Trust, the Credit Agreements, each Guaranty and any documents evidencing expenditures secured hereby may be presented to the person or persons conducting the sale in order that the amount so used or applied may be credited upon the Lender Obligations as having been paid. 11 LIBDII 907386\