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200809014 16. Appointment of Receiver. If an Event of Default shall have occurred and be continuing, and if the appointment of a receiver is necessary to save the Mortgaged Property from injury, threatened loss or dissipation, Agent as a matter ofright and subsequent to five (5) Business Days' written notice to Mortgagor, unless otherwise required by applicable law, and without regard to the adequacy or inadequacy of the Mortgaged Property, or any other collateral or the interest of Mortgagor therein as security for the Lender Obligations, shall have the right unless restricted by applicable law to apply to any court having jurisdiction to appoint a receiver or receivers or other manager of the Mortgaged Property, without requiring the posting of a surety bond except as required by applicable law, and without reference to the adequacy or inadequacy of the value of the Mortgaged Property or the solvency or insolvency of Mortgagor or any other party obligated for payment of all or any part ofthe Lender Obligations, and whether or not waste has occurred with respect to the Mortgaged Property, and Mortgagor hereby irrevocably consents to such appointment and waives notice of any application therefor (except as may be required by law). Any such receiver or receivers or manager shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Agent in case of entry as provided in this Deed of Trust, including, without limitation and to the extent permitted by law, the right to enter into leases of all or any part of the Mortgaged Property, and shall continue as such and exercise all such powers until the date of confirmation of sale of the Mortgaged Property unless such receivership is sooner terminated. 17. Extension. Release. etc. (a) Without affecting the lien or charge of this Deed of Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full amount of the Lender Obligations, Agent may, from time to time and without notice, agree to (i) release any Person liable for the indebtedness borrowed or guaranteed under the Credit Agreements or any other Lender Agreement, (ii) extend the maturity or alter any of the terms of the indebtedness borrowed or guaranteed under the Credit Agreements or any other Lender Agreement or any other guaranty thereof, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Agent's option any parcel, portion or all of the Mortgaged Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (b) Unless such action results in payment and performance in full of the Lender Obligations secured by this Deed of Trust, no recovery of any judgment by Agent and no levy of an execution under any judgment upon the Mortgaged Property or upon any other property of Mortgagor shall affect the lien of this Deed of Trust or any liens, rights, powers or remedies of Agent hereunder, and such liens, rights, powers and remedies shall continue unimpaired. (c) If Agent shall have the right to foreclose this Deed of Trust or to direct a power of sale, Mortgagor authorizes Agent at its option to foreclose the lien of this Deed of Trust (or direct the sale of the Mortgaged Property, as the case may be). The failure to make any tenants parties defendant to any such foreclosure proceeding and to foreclose their rights, or to provide notice to such tenants as required in any statutory procedure governing a sale of the Mortgaged Property, or to terminate such tenant's rights in such sale will not be asserted by 12 LIBD/19073861