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201000151 the continuing lien of this Security Instrument for the balance of the Debt not then due; (iv) to the extent permitted by applicable law sell for cash or upon credit the Mortgaged Property or any part thereof and all estate, claim, demand, right, title and interest of Borrower therein and rights of redemption thereof, pursuant to power of sale or otherwise, at one or more sales, as an entity or in parcels, at such time and place, upon such terms and after such notice thereof as may be required or permitted by law; (v) institute an action, suit or proceeding in equity for the specific performance of any covenant, condition or agreement captained herein or in the Note; (vi) to the extent permitted by applicable law and subject to paragraph S 1 hereof, recover judgment on the Note either before, during or after any proceedings for the enforcement of this Security Instrument; (vii) to the extent permitted by applicable law and subject to Lessee's rights under the Lease (if still in effect) apply for the appointment of a trustee, receiver, liquidator or conservator of the Mortgaged Property, without notice and without regard far the adequacy of the security for the Debt and without regard for the solvency of the Borrower, any guarantor or of any person, firm or other entity liable for the payment of the Debt; (viii) to the extent permitted by applicable law and subject to Lessee's rights under the Lease (if still in effect and provided that no Lease Default then exists), enter into or upon the Mortgaged Property, either personally or by its agents, servicers, nominees or attorneys and dispossess Borrower and its agents and servants therefrom, and thereupon Lender (or any receiver appointed pursuant to paragraph (vii) above) may do or permit one or mare of the fallowing, successively or concurrently: (a) enter upon and take possession and control of any and all of the Mortgaged Property; (b) take and maintain possession of all documents, books, records, papers and accounts relating to the Mortgaged Property; (c) exclude Borrower and its agents, servants and employees wholly from the Mortgaged Property; (d) manage and operate the Mortgaged Property; (e) preserve and maintain the Mortgaged Property; (f) make repairs and alterations to the Mortgaged Property; (g) complete any construction or repair of the Impravernents, with such changes, additions or modifications of the plans and specifications or intended disposition and use of the Improvemepts as Lender may in its sale discretion deem appropriate or desirable to place the Mortgaged Property in such condition as will, in Lender's sole discretion, make it or any part thereof readily marketable or rentable; (h) if the Lease has been terminated, conduct a marketing or leasing program with respect to the Mortgaged Property, or employ a marketing or leasing agent or agents to do so, directed to the leasing or sale of the Mortgaged Property under such terms and conditions as Lender may in its sole discretion deem appropriate or desirable; (i) employ such contractors, subcontractors, materialmen, architects, engineers, consultants, managers, -41 - 15445229.4.BUSTNESS