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201007174 <br />way connected with the construction of Improvements on the Premises whether or not such <br />liabilities and obligations in any way affect, or may affect, the lien of this Security Instrument; <br />(e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and <br />enforce the specific performance of any covenant, condition or agreement in this Security <br />Instrument or the other Financing Documents, ar to aid the execution of any power herein <br />granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the <br />Agent were equitable owner of the Premises; (h) seek the appointment of a receiver as provided <br />in Section 5.2 below; (i) exercise any or all of the remedies available to a secured party under the <br />Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing <br />of any fixtures and personal property which is encumbered hereby at public sale, with ar without <br />having such fixtures or personal property at the place of sale, and upon such terms and in such <br />manner as the Agent may determine; (j) exercise any or all of the remedies of a secured party <br />under the Uniform Commercial Cade with respect to the Tangible Personalty and Intangible <br />Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this <br />Security Instrument as additional security for the Secured Obligations. The Grantor also agrees <br />that any of the foregoing rights and remedies of the Agent may be exercised at any time <br />independently of the exercise of any other such rights and remedies, and the Agent may continue <br />to exercise any or all such rights and remedies until the Event(s) of Default are cured or waived <br />with the consent of the requisite Secured Creditors or all Secured Creditors (as required by the <br />Intercreditor Agreement or the applicable Financing Documents) or until foreclosure and the <br />conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all <br />commitments to make additional extensions of credit under the Financing Documents are <br />terminated. <br />5.2 A ointment of Receiver. If any of the Secured Obligations are not paid upon <br />maturity or upon the occurrence and continuance of an Event of Default, the Agent as a matter of <br />right shall be entitled to the appointment of a receiver or receivers for all or any part of the <br />Premises, to take possession of and to operate the Premises, and to collect the rents, issues, <br />profits, and income thereof, all expenses of which shall become Secured Obligations, whether <br />such receivership be incident to a proposed sale (or sales) of such property or otherwise, and <br />without regard to the value of the Premises or the solvency of any Person or Persons liable for <br />the payment of any Secured Obligations, and the Grantor does hereby irrevocably consent to the <br />appointment of such receiver or receivers, waives any and all defenses to such appointmment, and <br />agrees not to oppose any application therefor by the Agent. Nothing herein is to be construed to <br />deprive the Agent of any other right, remedy or privilege it may have under the law to have a <br />receiver appointed. Any money advanced by the Agent in connection with any such receivership <br />shall be a demand obligation (which obligation the Grantor hereby promises to pay) awing by <br />the Grantor to the Agent pursuant to this Security Instrument. <br />5.3 Waivers. No waiver of any Event of Default shall at any time thereafter be held <br />to be a waiver of any rights of the Agent stated anywhere in this Security Instrument or any of <br />the other Financing Documents, nor shall any waiver of a prior Event of Default operate to waive <br />any subsequent Event(s) ofDefault. All remedies provided in this Security Instrument and in the <br />other Financing Documents are cumulative and may, at the election of the Agent, be exercised <br />alternatively, successively, or in any manner and are in addition to any other rights provided by <br />law. <br />CHART\l 182303vi <br />1~ <br />