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f►�Ijf DTiZ11 %3 <br />sold in one or more parcels and in such manner and order as Trustee in its sole discretion may elect. The <br />right of sale arising out of any Event of Default shall not be exhausted by any one or more sales, <br />Section 5.3 Remedies Cumulative Concurrent and Nonexclusive. Trustee, Bene- <br />ficiary and the other Secured Parties shall have all rights, remedies and recourses granted in the Loan <br />Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and <br />concurrent, (b) may be pursued separately, successively or concurrently against Grantor or others obli- <br />gated under the Loan Documents, or against the Mortgaged Property, or against any one or more of 'them, <br />at the sole discretion of Trustee, Beneficiary or such other Secured Party, as the case may be, (c) may be <br />exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall <br />not be construed as a waiver or release thereof or of any other right, remedy or' recourse, and (d) are in- <br />tended to be, and shall be, nonexclusive No action, inaction, delay or course of dealing by Trustee, <br />Beneficiary or any other Secured Party in the enforcement of any rights, remedies or recourses under the <br />Loan Documents or otherwise at law or equity shall operate as a waiver thereof or be deemed to cure any <br />Event of Default, <br />Section 5.4 Release of and Resort to Collateral. Beneficiary may release, regard- <br />less of consideration and without the necessity for any notice to or consent by the holder of any subordi- <br />nate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in <br />any way impairing, affecting, subordinating or releasing the hen or security interest created in or evi- <br />denced by the Loan Documents or their status as a first and prior lien and security interest in and to the <br />Mortgaged Property For payment of the Secured Obligations, Beneficiary may resort to any other secu- <br />rity in such order, and manner as Beneficiary may elect, <br />Section 5.5 Waiver of Redemption, Notice and Marshalling of Assets. To the <br />fullest extent permitted by law, Grantor hereby irrevocably and unconditionally waives and releases (a) <br />all benefit that might accrue to Grantor by virtue of any present or future statute of limitations or, law or <br />judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or provid- <br />ing for any stay of execution, exemption from civil process, redemption or extension of time for payment, <br />(b) all notices of any Event of Default or of any election by Trustee or Beneficiary to exercise or the ac- <br />tual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right <br />to a marshalling of assets or a sale in inverse order of alienation <br />Section 5.6 Discontinuance of Proceedings. If Trustee, Beneficiary or any other <br />Secured Party shall have proceeded to invoke any right, remedy or recourse permitted under the Loan <br />Documents and shall thereafter elect to discontinue or abandon it for any reason, Trustee, Beneficiary or <br />such other Secured Party, as the case may be, shall have the unqualified right to do so and, in such an <br />event, Grantor, Trustee, Beneficiary and the other Secured Parties shall be restored to their' former posi- <br />tions with respect to the Secured Obligations, the Loan Documents, the Mortgaged Property and other- <br />wise, and the rights, remedies, recourses and powers of Trustee, Beneficiary and the other Secured Parties <br />shall continue as if the right, remedy or recourse had never' been invoked, but no such discontinuance or <br />abandonment shall waive any Event of Default which may then exist or the right of Trustee, Beneficiary <br />or any other Secured Party thereafter to exercise any night, remedy or recourse under the Loan Documents <br />for such Event of Default. <br />Section 5.7 Application of Proceeds. The proceeds of any sale of, and the Rents <br />and other amounts generated by the holding, leasing, management, operation or other use of the Mort- <br />gaged Property pursuant to this Article V, shall be applied by Beneficiary or Trustee (or the receiver, if <br />one is appointed) in accordance with the Credit Agreement <br />M <br />