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200500259 substitute or successor, Secured Party may at any time before the sale of the Mortgaged Property direct the said Trustee to abandon the sale, and may then institute suit for the collection of each or any Note and the other secured indebtedness, and for the foreclosure of this Deed of Trust. It is agreed that if Secured Party should institute a suit for the collection of each or any Note or any other secured indebtedness and for the foreclosure of this Deed of Trust, Secured Party may at any time before the entry of a final judgment in said suit dismiss the same, and require Trustee or his or her substitute or successor to sell the Mortgaged Property in accordance with the provisions of this Deed of Trust. (e) In addition to all other remedies herein provided for, Debtor agrees that upon the occurrence of a Default, Secured Party shall as a matter of right be entitled to the appointment of a receiver or receivers for all or any part of the Mortgaged Property, whether such receivership be incident to a proposed sale of such Mortgaged Property or otherwise, and without regard to the value of the Mortgaged Property or the solvency of any person or persons liable for the payment of the secured indebtedness, and Debtor does hereby consent to the appointment of such receiver or receivers, waives any and all defenses to such appointment and agrees not to oppose any application therefor by Secured Party, but nothing herein is to be construed to deprive Secured Party of any other right, remedy or privilege it may now or hereafter have under the law to have a receiver appointed; provided, however, that the appointment of such receiver, trustee or other appointee by virtue of any court order, statute or regulation shall not impair or in any manner prejudice the rights of Secured Party to receive payment of the lease payments, rents, room rents, deposits for lodging and income from the Mortgaged Property. Any money advanced by Secured Party in connection with any such receivership shall be a demand obligation owing by Debtor to Secured Party and shall bear interest from the date of making such advancement by Secured Party until paid at the Default Rate. (f) The proceeds of any sale held by Trustee or any receiver or public officer in foreclosure of the liens evidenced hereby shall be applied in accordance with the Loan Agreement to the extent permitted by law: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit, and a reasonable fee to Trustee acting under the provisions of Section 5.1(c) of this Deed of Trust if foreclosed by power of sale as provided in Section 5.1(c) of this Deed of Trust; SECOND, to the payment in full of the secured indebtedness additional to that evidenced by the Notes; THIRD, to the payment of the secured indebtedness (including specifically without limitation the principal, accrued interest and attorneys' fees due and unpaid on the Notes and the amounts due and unpaid and owed to Secured Party or Trustee under this Deed of Trust and the other Loan Documents) in such manner and order as Secured Party may elect; FOURTH, to the payment of junior trust deeds, mortgages, or other lienholders, if any; and DEED OF TRUST— Page I 1