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<br /> (e) Receiver. Make application to a court of competent jurisdiction for, and obtain
<br /> from such court as a matter of strict right and without notice to Grantor or regard to the adequacy of the
<br /> Mortgaged Property for the repayment of the Indebtedness, the appointment of a receiver of the
<br /> Mortgaged Property, and Grantor irrevocably consents to such appointment. Any such receiver shall have
<br /> all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and
<br /> otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall
<br /> apply such Rents in accordance with the provisions of Section 5.7.
<br /> (fl Other. Exercise all other rights, remedies and recourses granted under the Loan
<br /> Documents or otherwise available at law or in equity.
<br /> Section 5.2 Seaarate Sales. The Mortgaged Property may be sold in one or more
<br /> parcels and in such manner and order as Trustee in its sole discretion may elect. The right of sale arising
<br /> 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,
<br /> Beneficiary 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
<br /> obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of
<br /> them, at the sole discretion of Trustee, Beneficiary or such other Secured Party, as the case may be, (c)
<br /> may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of
<br /> them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and
<br /> (d)are intended to be, and shall be, nonexclusive. No action by Trustee, Beneficiary or any other Secured
<br /> Party in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at
<br /> law or equity shall be deemed to cure any Event of Default.
<br /> Section 5.4 Release of and Resort to Collateral. Beneficiary may release,
<br /> regardless of consideration and without the necessity for any notice to or consent by the holder of any
<br /> subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the
<br /> remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created
<br /> in or evidenced by the Loan Documents or their status as a second and prior lien and security interest in
<br /> and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other
<br /> security in such order and manner as Beneficiary may elect.
<br /> Section 5.5 Waiver of, Notice and Marshallin� of Assets. To the fullest extent
<br /> permitted by law, Grantor hereby irrevocably and unconditionally waives and releases (a) all benefit that
<br /> might accrue to Grantor by virtue of any present or future statute of limitations or law or judicial decision
<br /> exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any
<br /> exemption from civil process, (b) all notices of any Event of Default, unless required by the Loan
<br /> Documents, or of any election by Trustee or Beneficiary to exercise or the actual exercise of any right,
<br /> remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets
<br /> 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, Ben�ficiary 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
<br /> positions with respect to the Indebtedness,the Obligations, the Loan Documents, the Mortgaged Property
<br /> and otherwise, and the rights, remedies, recourses and powers of Trustee, Beneficiary and the other
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<br /> 509265-1598-00754-Active.12645846.2
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