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20�.00'7999
<br />a default may be foreclosed as to the Deed of Trust Mortgaged Properties, or any portion thereof,
<br />in any manner permitted by any applicable Requirement of Law, and any foreclosure suit may be
<br />brought by Trustee or by Administrative Agent. To the extent, if any, required to cause this
<br />instrument to be so effective as a mortgage as well as a deed of trust, Mortgagor hereby
<br />mortgages the Deed of Tntst Mortgaged Properties to Administrative Agent. In the event a
<br />foreclosure hexeunder as to the Deed of Trust Mortgaged Properties, or any part thereof, shall be
<br />commenced by Trustee, or his substitute or successor, Administrative Agent may at any time
<br />before the sale of such properties direct Trustee to abandon the sale, and may then institute suit
<br />for the foreclosure of th.is Mortgage as to such properties. It is agreed that i� Administrative
<br />Agent should institute a suit for the foreclosure of this Mortgage, Administrative Agent may at
<br />any time before the entry of a final judgment in said suit dismiss the same, and require Trustee,
<br />its substiiute ar successor, to sell the Deed of Trust Mortgaged Froperties, or any part thereof, in
<br />accordance with the provisions of this Mortgage. This Mortgage shall also constitute and may be
<br />enforced from time ta time as an assignment, chattel mortgage, contract, deed of trust, mortgage,
<br />financing statement and security agreement, and from time to time as any one or more thereof as
<br />appropriate under any applicable Requirement of Law. Administrative Agent shall be entitled to
<br />all of the rights, remedies and benefits of a secured party, mortgagee and a beneficiary granted
<br />under any applicable Requirement of Law; and, to the fiillest extent af such law, shall be entitled
<br />to enforce such rights, remedies and benefits. Mortgagor intends and hereby grants to
<br />Administrative Agent all rights, powers and remedies accorded a secured party, mortgagee and a
<br />beneficiary under any ap�licable Requirement of Law whether or not such rights, powers and
<br />remedies are exprressly granted or reserved herein.
<br />Section 4.5. Receiver. In addition to all other remedies herein provided for, Mortgagar
<br />agxees that, upon the occurrence of a default, Administrative Agent shall as a matter of right be
<br />entitled to the appointment of a receiver ar receivers by ex parte application, without notice to
<br />Mortgagor (except in Oklahoma a receiver may only be appointed in accordance with �KLA.
<br />STAT. titl� 12 § 1551), for all or amy paart of the Property, whether such receivership be incident
<br />to a propased sale (or sales) of such property ar otherwise, and without regard to the value af the
<br />Froperty ar the solvency of any person Qr persons liable for the payment of the indebtedness
<br />secured hereby. Furthermore, Mortgagor does hereby consent to the appointment af such
<br />receiver or receivers, waives any and all defenses to such appointment, and agees not to oppose
<br />any application therefor by Administrative Agent, and agrees that such appointment shall in no
<br />manner impair, prejudice or otherwise affect the rights of Administrative Agent under Article III
<br />hereaf. Mortgagor expressly waives notice af a hearing for appointment of a receiver and the
<br />nec�ssity :For bond or an accounting by the receiver. Any receiver shall have all powers conferred
<br />by the court appointing such receiver, which powers shall, to the extent not prohibited by any
<br />applicable Requirement of Law, include, without limitation, the right to enter upon and take
<br />immediate possession of the Praperty or any part thexeof, to exclude Mortgagor therefrom, to
<br />hold, use, operate, manage and control the Prop�rty, ta make all such repairs, replacements,
<br />alterations, additions and impravem�nts to the same as such receiver or Administrative Agent
<br />may deem proper or �xpedient, to lease, sell or otherwise transfer the Property or any partion
<br />thereof as such receiver or Administrative Agent may deem proper or expedient, and to demand
<br />and collect all of the other earnings, rents, issues, profits, proceeds and other sums due or to
<br />become due with respect to the Property. Nothing herein is to be construed to deprive
<br />Administrative Agent of any other right, remedy or privilege it may now or hereafter have under
<br />any applicable Requirement of Law to have a receiver appointed. Any money advanced by
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