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201000159. <br />(d) Upon the completion of any sale or sales made by Lender under or by virtue of <br />this paragraph, Lender, ar an officer of any court empowered to da so, shall <br />execute and deliver to the accepted purchaser ar purchasers a good and sufficient <br />instrument, or goad and sufficient instruments, conveying, assigning and <br />transferring all estate, right, title and interest in and to the property and rights <br />sold. Lender is hereby irrevocably appointed the true and lawful attorney of <br />Borrower, in its name and stead, to make all necessary conveyances, assignments, <br />transfers and deliveries of the Mortgaged Property and rights so sold and far that <br />purpose Lender may execute all necessary instruments of conveyance, assignment <br />and transfer, and may substitute one or more persons with like power, Borrower <br />hereby ratifying and confirming all that its said attorney or such substitute or <br />substitutes shall lawfully do by virtue hereof. Any such sale or sales made under <br />ar by virtue of this paragraph shall operate to divest all the estate, right, title, <br />interest, claim and demand whatsoever, whether at law or in equity, of Borrower <br />in and to the properties and rights so sold, and shall be a perpetual bar both at law <br />and in equity against Borrower and against any and all persons claiming or who <br />may claim the same, or any part thereof from, through or under Borrower. <br />(e) Upon any sale made under ar by virtue of this paragraph, Lender may bid for and <br />acquire the Mortgaged Property or any part thereof and in lieu of paying cash <br />therefor may make settlement for the purchase price by crediting upon the Debt <br />the net sales price after deducting therefrom the expenses of the sale and costs of <br />the action and any other sums which Lender is authorized to deduct under this <br />Security Instrument. <br />(f) No recovery of any judgment by Lender and no levy of an execution under any <br />judgment upon the Mortgaged Property ar upon any other property of Borrower <br />shall affect in any rr~anner or to any extent the lien of this Security Instrument <br />upon the Mortgaged Property or any part thereof, or any liens, rights, powers or <br />remedies of Lender hereunder, but such liens, rights, powers and remedies of <br />Lender shall continue unimpaired as before. <br />(g) Notwithstanding anything herein or in any other Loan Document to the contrary, <br />no Make Whole Premium or other prepayment consideration shall be required. in <br />connection with any prepayment of the Debt following an Event of Default as <br />described in paragraph 21(p) or 21(q) hereof that occurs solely by reason of <br />default by the Lessee under the Lease beyond applicable notice and cure periods. <br />26. Reasonable Use and Occu anc In addition to the rights which Lender may have herein, <br />upon the occurrence of any Event of Default, Lender, at its option, may require Borrower <br />to pay monthly in advance to Lender, or any receiver appointed to collect the Rents, the <br />fair and reasonable rental value for the use and occupation of such part of the Mortgaged <br />Property as may be occupied by Borrower or may require Borrower to vacate and <br />surrender possession of the Mortgaged Property to Lender or to such receiver and, in <br />default thereof, Borrower may be evicted by summary proceedings or otherwise. <br />-44- <br />15445229.4.BUSINESS <br />