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<br />83-flC~flb 6~: <br />purposes of this Subsection 3.3(d); (e) Surrender the insur- <br />ance policies maintained pursuant to Subsections 2.2 (b) and <br />2.2 (c) hereof, or any part thereof, and receive and apply the <br />unearned premiums as a credit on the Secured Indebtedness, <br />and, in connection therewith, Grantor hereby appoints Holder <br />as the agent and attorney-in-fact for Grantor to collect such <br />premiums. Holder shall have no obligation to keep any insur- <br />ance in force with respect to the Mortgaged Property or any <br />part thereof; If) Retair. any or all of the N:ortgaged Property <br />which is fixtures or personalty in satisfaction of the Se- <br />cured Indebtedness when?ver the circumstances are such that <br />Holder is entitled to do so under the Code; (g) Apply the <br />reserves, if ary, required by Section 5.8 hereof, toward <br />payment of the Secured Indebtedness; (h) Proceed by suit or <br />suits, at law or in equity, to enforce the payment of the <br />Secured Indebtedness in accordance with the terms hereof and <br />of the notes evidencing it, to foreclose ti:e lien and this <br />Mortgage as against all or any portion of the Mortgaged <br />Property and to have said property sold under the judgment or <br />decrees of a court of competent jurisdiction. On or at any <br />time after the filing of judicial proceedings to protect or <br />enforce the rights of Holder, Holder, as a matter of right <br />and without regard to the sufficiency of the security and <br />without any showing of insolvency, fraud or mismanagement on <br />the part of Grantor, shall be entitled to the appointment of <br />a receiver or receivers of the Mortgaged Property, and of the <br />income, rents, issues and profits thereof. <br />3.4 Helder may .buy the Mortgaged Property, or any part <br />thereof., at any public or judicial sale. <br />3.5 Holder may buy the fixtures or _^ersonal property, or <br />any part thereof, at an,; private Sale if the fixtures or <br />personal property, or part thereof, being sold are a type <br />customarily sold ir, a recognized market or are a type eahich <br />is the subject of widely distributed standard price quota- <br />tions. <br />3.6 In additior. to any right or remedy granted to Holder <br />hereunder, Holder shall have and may exercise any and all <br />other rights and remedies which Holder may have at law or in <br />equity, or by virtue of any other security instrument, or <br />under the Code, or other~•:ise. <br />3.7 If Holder is the purchaser of the Mortgaged Proper- <br />ty, or any part thereof, at any sale thereof, upon any fore- <br />closure of the liens and security interests hereof, Holder <br />shall, upon any such purchase, acquire good title to t2ie <br />Mortgaged Property so purchased, free of the liens and secu- <br />rity interests of these presents. <br />3.8 Should any part of the Mortgaged Property come into <br />the possession of Holder, whether before or after default, <br />Holder may use or operate the :3ortgaged Property (i) for the <br />purpose of preserving it or its value, (ii) in accordance <br />with any other rights held by Holder ir. respect of the Mort- <br />gaged Property, or till) pursuant to the order of a court of <br />a~prepriate jurisdiction. Grantor covenants to promptly <br />reimburse and pay to Holder, at the place where the note is <br />payable, ar at such other place as may be designated by <br />Holder in writing, the amount of ail reasonable expenses <br />(including the cost of any insurance, taxes or athPr charges) <br />incurred by Holder in connection with its custody, preserva- <br />tion, use or operation of the Mortgaged Property, together <br />with interest thereon from the date incurred by Holder until <br />repaid~by Grantor at the highest rate per annum permitted by <br />law, and all such expenses, costs, taxes, interest and other <br />-7- <br />