Common use of Appointment of Receiver Clause in Contracts

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) take possession of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations.

Appointment of Receiver. If you do not comply with any of your Obligations, Equitable may appoint a Default Event shall have occurred Receiver on any terms (including remuneration) that Equitable deems reasonable. Equitable may also remove any Receiver and appoint another Receiver. The following provisions apply: (i) The Receiver will be continuingyour agent, but subject to Section 8.02 not Equitable's. (ii) You alone will be responsible for any of the Credit Agreements, Beneficiary, Receiver's acts or omissions. (iii) Equitable will not be responsible for any misconduct or negligence of the Receiver. (iv) Any Receiver may or may not be Equitable's officer or employee. (v) Appointing a Receiver will not constitute Equitable as a matter mortgagee in possession. (vi) From the income collected, the Receiver may pay all Taxes, insurance premiums and other expenses required to keep the Property in good condition; pay its own fees as Receiver; pay all amounts required to keep any mortgages or other interests ranking in priority to the Mortgage in good standing; pay Interest; and pay all or any part of the Debt, whether due or not. (vii) Equitable is not accountable for any money received by the Receiver except to the extent that Equitable actually receives that money. The Receiver may do any one or more of the following: (i) use every right or remedy that Equitable has under the Mortgage to collect the income from the Property, take possession of all or part of the Property, manage the Property and without notice to Grantor keep the Property in good condition; (ii) manage any business conducted on the Property; (iii) lease all or anyone claiming under Grantorany portion of the Property, and without regard to for this purpose enter into contracts in your name that will be binding on you; (iv) sell the then value Property; (v) arrange for the repair and maintenance of the Trust Estate or Property; arrange to complete any construction on the interest Property; arrange for construction of Grantor therein, or the insolvency leasehold improvements; (vi) register plans of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver subdivision and declarations and descriptions for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, Property; (avii) take possession of the Trust Estate and use any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance supplies, plans, tools or equipment on the Trust Estate and replace such items at Property; and (viii) borrow money on the expense security of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Property in priority to the effective exercise of the receiver's powers, on such terms as Mortgage. The rights and powers in this Section are supplemental to any other rights and powers that Equitable may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationshave.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other things, but shall not be obligated to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and Grantor's Mortgagor’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event To the extent permitted by law, Lender shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Borrower waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered to, among other things, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Borrower or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Borrower and Grantor's Borrower’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Borrower could legally do if Grantor was Borrower were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Lender, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Lender may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Lender, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, and with or the insolvency of Grantor or the then-owner without taking possession of the Trust EstateProperty, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered to, among other things, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and Grantor's Mortgagor’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuingoccurred, but subject to Section 8.02 of the Credit Agreements, BeneficiaryMortgagee, as a matter of right and without notice to Grantor Debtor or anyone claiming under GrantorDebtor, and without regard to the then value of the Trust Estate Mortgaged Property or the interest of Grantor Debtor therein, or the insolvency of Grantor Debtor or the then-owner of the Trust EstateMortgaged Property, may seek the appointment of a receiver for the Trust Estate Mortgaged Property upon ex parte application to any court of the competent jurisdiction; provided, however, Mortgagee shall use good faith efforts to provide telephonic notice to Exxxxx X. Xxxxxxxxx, or such other party designated by Debtor in a written notice to FFCA, of such application prior to filing of such ex parte application. Grantor Debtor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate Mortgaged Property and any businesses conducted by Grantor Debtor thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Debtor and GrantorDebtor's agents, servants and employees from the Trust EstateMortgaged Property, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust EstateMortgaged Property, (c) to collect the Rentsrents, issues, profits and income therefrom, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Mortgaged Property, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Mortgaged Property and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust EstateMortgaged Property, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Mortgagee advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and BeneficiaryMortgagee, but not at an interest rate in excess of the Default Rate (as defined in the Note), and (hj) generally to do anything that Grantor Debtor could legally do if Grantor was Debtor were in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations.Mortgaged

Appointment of Receiver. If a Default Event To the extent permitted by law, Grantee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other thingsbut shall not be obligated, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor and Grantor's ’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that which Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Grantee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Grantee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Grantee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Upon the occurrence and during the continuance of an Event shall have occurred and be continuingof Default, but subject to Section 8.02 the terms of the Credit Intercreditor Agreements, Beneficiarythe Mortgagee shall be entitled, as a matter of right and without additional notice to Grantor or anyone claiming under Grantor, and without regard to the adequacy of any security for the Obligations secured hereby, whether the same shall then value of the Trust Estate be occupied as a homestead or the interest of Grantor thereinnot, or the insolvency solvency of Grantor or the then-owner of the Trust Estateany party bound for its payment, may seek to make application for the appointment of a receiver to take possession of and to operate the Premises, and to collect the rents, issues, profits, and income thereof, all expenses of which shall be added to the Obligations and secured hereby. The receiver shall have all the rights and powers provided for under the laws of the state in which the Premises are located, including without limitation, the power to execute leases, and the power to collect the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such foreclosure suit, as well as during any further times when the Mortgagor, its successors or assigns, except for the Trust Estate upon ex parte application intervention of such receiver, would be entitled to any court collect such rents, sales proceeds, issues, proceeds and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the competent jurisdictionPremises during the whole of said period. Grantor waives any right to any hearing or notice of hearing prior to Receiver’s fees, reasonable attorneys’ fees and costs incurred in connection with the appointment of a receiver. Such receiver pursuant to this Section 5.2 shall be empowered tosecured by this Mortgage. Notwithstanding the appointment of any receiver, among trustee or other thingscustodian, (a) take subject to the Intercreditor Agreements, the Mortgagee shall be entitled to retain possession and control of any cash or other instruments at the time held by or payable or deliverable under the terms of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Mortgage to the effective exercise of Mortgagee to the receiver's powers, on such terms as may be agreed upon fullest extent permitted by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationslaw.

Appointment of Receiver. If Subject to Sections 8.03 and 9.01(2), if the Indenture Trustee determines under the provisions of Section 9.01 to appoint a Default Event shall have occurred Receiver, the following provisions will apply: (a) the Indenture Trustee may from time to time in the same manner remove any Receiver so appointed and appoint another in its stead; in making any appointment the Indenture Trustee will be continuingdeemed to be acting as the agent of the Trust; (b) any appointment will be limited to the Related Collateral and may be made either before or after the Indenture Trustee has taken possession of such Related Collateral; (c) every Receiver may in the discretion of the Indenture Trustee be vested with all or any of the powers and discretions of the Indenture Trustee; (d) the Indenture Trustee may from time to time fix the reasonable remuneration of every Receiver and direct the payment thereof out of such Related Collateral, the income therefrom or the proceeds thereof; (e) the Indenture Trustee may from time to time require any Receiver to give security for the performance of his duties and may fix the nature and amount thereof, but subject will not be bound to Section 8.02 require security; (f) every Receiver may, with the consent in writing of the Credit AgreementsIndenture Trustee, Beneficiaryborrow money and grant security for the purposes of the maintenance, as protection or preservation of such Related Collateral or any part thereof with any amount so borrowed and any interest thereon to be a matter of right and without notice to Grantor charge or anyone claiming under Grantor, and without regard lien on such Related Collateral in priority to the then value security hereby constituted; (g) every Receiver will, so far as concerns responsibility for his acts or omissions, be deemed the agent of the Trust Estate or and in no event the interest of Grantor therein, or the insolvency of Grantor or the then-owner agent of the Trust EstateIndenture Trustee, may seek and the appointment of a receiver Indenture Trustee will not, in making or consenting to the appointment, incur any liability to the Receiver for its remuneration or otherwise, provided that the Trust Estate upon ex parte application hereby irrevocably authorizes the Indenture Trustee to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior give instructions to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) take possession of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Receiver relating to the effective exercise performance of the receiver's powers, on such terms its duties as set out herein; (h) except as may be agreed upon otherwise directed by the receiver and BeneficiaryIndenture Trustee or as otherwise specifically provided in this Indenture, but not at an interest rate in excess all money from time to time received by any Receiver will be paid over to the Indenture Trustee to be held by it on the trusts of this Indenture; and (i) the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations Indenture Trustee may pay over to repay funds borrowed by the receiver, shall constitute a any Receiver any money constituting part of such Related Collateral to the Secured Obligationsextent that the same may be required to be applied for the purposes hereof by such Receiver, and the Indenture Trustee may from time to time determine what funds such Receiver is at liberty to keep in hand with a view to the performance of its duty as Receiver.

Appointment of Receiver. If a Default Upon the occurrence and during the continuance of an Event shall have occurred and be continuingof Default, but subject to Section 8.02 the terms of the Credit AgreementsAgreement, Beneficiaryany Intercreditor Agreement and any Other Intercreditor Agreement, as a matter of right and the Mortgagee shall be entitled, without additional notice to Grantor or anyone claiming under Grantor, and without regard to the adequacy of any security for the Obligations secured hereby, whether the same shall then value of the Trust Estate be occupied as a homestead or the interest of Grantor thereinnot, or the insolvency solvency of Grantor or the then-owner of the Trust Estateany party bound for its payment, may seek to make application for the appointment of a receiver to take possession of and to operate the Premises, and to collect the rents, issues, profits, and income thereof, all expenses of which shall be added to the Obligations and secured hereby. The receiver shall have all the rights and powers provided for under the laws of the state in which the Premises are located, including without limitation, the power to execute leases, and the power to collect the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such foreclosure suit, as well as during any further times when the Mortgagor, its successors or assigns, except for the Trust Estate upon ex parte application intervention of such receiver, would be entitled to any court collect such rents, sales proceeds, issues, proceeds and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the competent jurisdictionPremises during the whole of said period. Grantor waives any right to any hearing or notice of hearing prior to Receiver’s fees, reasonable attorneys’ fees and costs incurred in connection with the appointment of a receiver. Such receiver pursuant to this Section 5.2 shall be empowered tosecured by this Mortgage. Notwithstanding the appointment of any receiver, among trustee or other thingscustodian, (a) take subject to the Credit Agreement, any Intercreditor Agreement and any Other Intercreditor Agreement, the Mortgagee shall be entitled to retain possession and control of any cash or other instruments at the time held by or payable or deliverable under the terms of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Mortgage to the effective exercise of Mortgagee to the receiver's powers, on such terms as may be agreed upon fullest extent permitted by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationslaw.

Appointment of Receiver. If a Default Event To the extent permitted by law, Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other things, but shall not be obligated to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor and Grantor's ’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that which Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Beneficiary may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other thingsbut shall not be obligated, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in In connection therewith, (b) exclude Grantor Mortgagor and Grantor's Mortgagor’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If Upon or at any time after Mortgagee has the right to file an action to foreclose this Mortgage, Mortgagee may petition the court in which such action is or might be filed to appoint a Default Event shall have occurred and be continuing, but subject to Section 8.02 receiver of the Credit AgreementsMortgaged Premises. Such appointment may be made either before or after sale, Beneficiarywithout notice, as a matter without regard to the solvency or insolvency of right and without notice to Grantor or anyone claiming under GrantorMortgagor at the time of application for such receiver, and without regard to the then value of the Trust Estate Mortgaged Premises or whether the interest of Grantor thereinMortgaged Premises shall be then occupied as a homestead or not, and without regard to whether Mortgagor has committed waste or the insolvency of Grantor or the then-owner allowed deterioration of the Trust EstateMortgaged Premises, and Mortgagee or any agent of Mortgagee may seek be appointed as such receiver. Mortgagor hereby agrees that Mortgagee has a special interest in the Mortgaged Premises and absent the appointment of such receiver the Mortgaged Premises shall suffer waste and deterioration and Mortgagor further agrees that it shall not contest the appointment of a receiver for the Trust Estate upon ex parte application and hereby so stipulates to any court of the competent jurisdiction. Grantor waives any right such appointment pursuant to any hearing or notice of hearing prior to the appointment of a receiverthis paragraph. Such receiver shall be empowered to, among other things, (a) take possession have the power to perform all of the Trust Estate acts permitted Mortgagee pursuant to Section 12.2 above and any businesses conducted by Grantor thereon such other powers which may be necessary or customary in such cases for the protection, possession, control, management and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option operation of the receiver, in lieu of Mortgaged Premises during such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationsperiod.

Appointment of Receiver. If A. Beneficiary may elect to seek the court appointment of a Default Event shall have occurred and be continuingreceiver to enter upon, but subject to Section 8.02 of the Credit Agreementstake possession of, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantormanage, and without regard operate the Mortgaged Property or any part thereof, and Trustor hereby consents to the then value appointment of such a receiver hereunder. B. Trustor hereby consents and stipulates that Beneficiary need only provide Trustor with three business days' notice of Beneficiary's motion to seek court appointment of a receiver for the Mortgaged Property. C. Trustor further stipulates that at such hearing on Beneficiary's motion to appoint a receiver for the Mortgaged Property, a true and complete copy of this recorded Deed of Trust Estate or can be entered into evidence without any objection from Trustor that the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek original thereof has not been produced. D. Upon the appointment of a receiver for the Trust Estate upon ex parte application Mortgaged Property, Trustor agrees to promptly furnish to such receiver any court and all security deposits and Rents that Trustor has in its possession or control. E. The receiver shall have the authority to make, terminate, enforce or modify Tenant Leases of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior Mortgaged Property upon such terms and conditions as the court shall approve, make repairs, alterations and improvements to the appointment Mortgaged Property or develop the Mortgaged Property, for the purpose of a receiver. Such receiver protecting or enhancing the security hereof, and Trustor agrees to pay all expenses of action so taken. F. Trustor shall be empowered to, among other things, (a) take possession of pay the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option expenses of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable which expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. All sums collected by the receiver hereunder, less all costs and expenses, including reasonable attorneys' fees, and less such additional amounts as the receiver deems necessary and appropriate as a reserve to meet such future expenses, may be applied to the Secured Obligations in such order as Beneficiary, in its sole discretion, shall determine. G. Neither application of said sums to the Secured Obligations nor any other action taken by Beneficiary hereunder shall waive any other right or remedy of Beneficiary hereunder or any notice of default hereunder or nullify the effect of any such notice of default. H. Any action taken under this Section 3.3 may be taken by Beneficiary or Trustee with or without regard to the adequacy of the security for the Secured Obligations secured hereunder, and whether or not notice of default has been recorded.

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryAdministrative Agent shall, as a matter of right right, without notice and without notice giving bond to Grantor Administrative Agent or anyone claiming by, under Grantoror through it, and without regard to the solvency or insolvency of Mortgagor or the then value of the Trust Estate Property, be entitled to have a receiver appointed pursuant to the Minn. Stat. Chapter 576 of all or the interest of Grantor therein, or the insolvency of Grantor or the then-owner any part of the Trust EstateProperty and the rents, may seek issues and profits thereof, with such power as the court making such appointment shall confer (including, but not limited to, the rights of a receiver for the Trust Estate upon ex parte application pursuant to any court of the competent jurisdictionMinn. Stat. Grantor waives any right to any hearing or notice of hearing prior Chapter 576), and Mortgagor hereby consents to the appointment of a receiversuch receiver and shall not oppose any such appointment. Such Any such receiver shall be empowered tomay, among other thingsto the extent permitted under applicable law, (a) without notice, enter upon and take possession of the Trust Estate Property or any part thereof by summary proceedings, ejectment or otherwise, and may remove Mortgagor or other persons and any businesses conducted by Grantor thereon and all property therefrom, and may hold, operate and manage the same and receive all earnings, income, rents, issues and proceeds accruing with respect thereto or any Property used in connection therewithpart thereof, (b) exclude Grantor whether during the pendency of any foreclosure or until any right of redemption shall expire or otherwise, and Grantor's agentsperform the terms of this Mortgage and apply the rents, servants issues and employees from profits to the Trust Estate, or, at the option payment of the receiver, expenses enumerated in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of Minn. Stat. Chapter 576 in the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon order determined by the receiver and Beneficiary, but not at an interest rate in excess (or by Administrative Agent if no receiver has been appointed) to preserve the value of the Default Rate Property and (h) generally do anything that Grantor could legally do if Grantor was in possession to all expenses for maintenance of the Trust Estate. All reasonable Property and to the costs and expenses incurred of the receivership, including attorney’s fees, to the repayment of the indebtedness secured hereby and as further provided in any assignment of leases and rents executed by the receiver Mortgagor to Administrative Agent whether contained in this Mortgage or his agentsin a separate instrument. Mortgagor does hereby irrevocably consent to such appointment. The purchaser at any foreclosure sale, including obligations to repay funds borrowed by the receiverAdministrative Agent, shall constitute have the right, at any time and without limitation as provided in Minn. Stat. § 582.03, to advance the money to any receiver appointed hereunder to pay any part or all of the items which the receiver would otherwise be authorized to pay if cash were available from the Property and the sum so advanced, with interest at the rate then in effect under the terms of the Note, shall be a part of the Secured Obligationssum required to be paid to redeem from any foreclosure sale.

Appointment of Receiver. If a Default Event Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior entitled to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Subject Property and any businesses conducted by Grantor Trustor or any other person (other than the lessor or other persons authorized by the lessor with respect to any rights to use portions of the Subject Property retained by the lessor as provided in the Ground Leases or by the BLM under the BLM Grants) thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor Trustor and Grantor's agents, servants Trustor’s agents and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateSubject Property, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) to pay all taxes and assessments against the Trust Estate, Subject Property and all premiums for insurance thereon, (g) to pay all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally to do anything that Grantor which Trustor could legally do if Grantor was Trustor were in possession of the Trust EstateSubject Property. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligationsobligations secured hereby. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the obligations secured hereby and then to Trustor or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the obligations secured hereby have been discharged in full, or until title to the Subject Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Upon the occurrence and during the continuance of an Event shall have occurred and be continuingof Default, but subject to Section 8.02 the terms of the Credit AgreementsIntercreditor Agreement, Beneficiarythe Grantee shall be entitled, as a matter of right and without additional notice to Grantor or anyone claiming under Grantor, and without regard to the adequacy of any security for the Obligations secured hereby, whether the same shall then value of the Trust Estate be occupied as a homestead or the interest of Grantor thereinnot, or the insolvency solvency of Grantor or the then-owner of the Trust Estateany party bound for its payment, may seek to make application for the appointment of a receiver to take possession of and to operate the Premises, and to collect the rents, issues, profits, and income thereof, all expenses of which shall be added to the Obligations and secured hereby. The receiver shall have all the rights and powers provided for under the laws of the state in which the Premises are located, including without limitation, the power to execute leases, and the power to collect the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such foreclosure suit, as well as during any further times when the Grantor, its successors or assigns, except for the Trust Estate upon ex parte application intervention of such receiver, would be entitled to any court collect such rents, sales proceeds, issues, proceeds and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the competent jurisdictionPremises during the whole of said period. Grantor waives any right to any hearing or notice of hearing prior to Receiver’s fees, reasonable attorneys’ fees and costs incurred in connection with the appointment of a receiver. Such receiver pursuant to this Section 5.2 shall be empowered tosecured by this Mortgage. Notwithstanding the appointment of any receiver, among trustee or other thingscustodian, (a) take subject to the Intercreditor Agreement, the Grantee shall be entitled to retain possession and control of any cash or other instruments at the time held by or payable or deliverable under the terms of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Mortgage to the effective exercise of Grantee to the receiver's powers, on such terms as may be agreed upon fullest extent permitted by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationslaw.

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, Mortgagee as a matter of right may appoint or secure the appointment of a receiver, trustee, liquidator or similar official of the Mortgaged Property or any portion thereof, and Mortgagor hereby irrevocably consents and agrees to such appointment, without notice to Grantor or anyone claiming under Grantor, Mortgagor and without regard to the then value of the Trust Estate Mortgaged Property or the interest of Grantor therein, or the insolvency of Grantor or the then-owner adequacy of the Trust Estatesecurity for the Indebtedness and without regard to the solvency of Mortgagor or any other Person liable for the payment of the Indebtedness, and such receiver or other official shall have all rights and powers permitted by applicable law and such other rights and powers as the court making such appointment may seek confer (including the right to use, operate, manage, control, insure, maintain, repair, restore and otherwise deal with all and every portion of the Mortgaged Property and conduct business thereon, demand, xxx for, collect and receive all Rents with respect to the Mortgaged Property and apply the receipts of all such Rents (other than Tenant security deposits) with respect to the Mortgaged Property to the payment of the Indebtedness after deducting therefrom all costs and expenses (including reasonable attorneys' fees and disbursements) incurred in connection with the aforesaid operations), but the appointment of a such receiver for or other official shall not impair or in any manner prejudice the Trust Estate upon ex parte application rights of Mortgagee to receive the Rents with respect to any court of the competent jurisdiction. Grantor waives any right Mortgaged Property pursuant to any hearing this Mortgage or notice the Assignment of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) take possession of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured ObligationsLeases.

Appointment of Receiver. If a Default Event To the extent permitted by applicable law, Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany Person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate upon Property as set forth in this Section 7.8. Beneficiary shall be entitled to such appointment on ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Property and any businesses conducted by Grantor or any other Person thereon and any Property business assets used in connection therewith, (b) to exclude Grantor and Grantor's agents, servants and employees from the Trust EstateProperty, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) to collect the Rentsrents, issues, profits and income therefrom, (d) to complete any construction that may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) to pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gh) request that to borrow from Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally to do anything that Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable out of pocket expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryLender, as a matter of right and without notice to Grantor Borrower or anyone claiming under GrantorBorrower, and without regard to the then value of the Trust Estate Mortgaged Property or the interest of Grantor Borrower therein, or the insolvency of Grantor Borrower or the then-owner of the Trust EstateMortgaged Property, may seek the appointment of a receiver for the Trust Estate Mortgaged Property upon ex parte application to any court of the competent jurisdiction. Grantor Borrower waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate Mortgaged Property and any businesses conducted by Grantor Borrower thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Borrower and GrantorBorrower's agents, servants and employees from the Trust EstateMortgaged Property, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust EstateMortgaged Property, (c) to collect the Rents, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Mortgaged Property, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Mortgaged Property and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust EstateMortgaged Property, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Lender advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and BeneficiaryLender, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor Borrower could legally do if Grantor was Borrower were in possession of the Trust EstateMortgaged Property. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Lender, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryGrantee, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Deed Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Deed Estate, may seek the appointment of a receiver for the Trust Deed Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Deed Estate and any businesses conducted by Grantor thereon and any Property business assets used in connection therewith, (b) to exclude Grantor and Grantor's ’s agents, servants and employees from the Trust Deed Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust Deed Estate, (c) to collect the Rents, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Deed Estate, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Deed Estate and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust Deed Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Grantee advance such funds as may reasonably be necessary to the effective exercise of the receiver's ’s powers, on such terms as may be agreed upon by the receiver and BeneficiaryGrantee, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor could legally do if Grantor was were in possession of the Trust Deed Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys’ fees incurred by the receiver and by Grantee, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct.

Appointment of Receiver. If a Default Event Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Indebtedness or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Property and any businesses conducted by Grantor or any other person thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor and Grantor's ’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) to pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally to do anything that which Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured ObligationsIndebtedness. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Indebtedness or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Indebtedness has been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor therein, any person liable therefor and whether or not proceedings for the insolvency of Grantor or the then-owner foreclosure of the Trust EstateMortgage have been commenced, may seek and if such proceedings have been commenced, whether or not a foreclosure sale has occurred, to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such To the extent permitted by applicable law, such receiver and its agents shall be empowered toempowered, among other thingsbut shall not be obligated, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and Grantor's Mortgagor’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied, to the extent permitted by applicable law, first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied in accordance with Section 8.3 hereof. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuingoccurred, but subject to Section 8.02 of the Credit Agreements, BeneficiaryMortgagee, as a matter of right and without notice to Grantor Debtor or anyone claiming under GrantorDebtor, and without regard to the then value of the Trust Estate Mortgaged Property or the interest of Grantor Debtor therein, or the insolvency of Grantor Debtor or the then-owner of the Trust EstateMortgaged Property, may seek the appointment of a receiver for the Trust Estate Mortgaged Property upon ex parte application to any court of the competent jurisdiction. Grantor Debtor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate Mortgaged Property and any businesses conducted by Grantor Debtor thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Debtor and GrantorDebtor's agents, servants and employees from the Trust EstateMortgaged Property, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust EstateMortgaged Property, (c) to collect the Rentsrents, issues, profits and income therefrom, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Mortgaged Property, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Mortgaged Property and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust EstateMortgaged Property, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Mortgagee advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and BeneficiaryMortgagee, but not at an interest rate in excess of the Default Rate (as defined in the Note), and (hj) generally to do anything that Grantor Debtor could legally do if Grantor was Debtor were in possession of the Trust EstateMortgaged Property. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Mortgagee, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct.

Appointment of Receiver. If you do not comply with any of your Obligations, we may appoint a Default Event shall have occurred Receiver on any terms (including remuneration) that we deem reasonable. We may also remove any Receiver and appoint another Receiver. The following provisions apply: (i) The Receiver will be continuingyour agent, but subject to Section 8.02 not ours. (ii) You alone will be responsible for any of the Credit Agreements, Beneficiary, Receiver's acts or omissions. (iii) We will not be responsible for any misconduct or negligence of the Receiver. (iv) Any Receiver may or may not be our officer or employee. (v) Appointing a Receiver will not constitute us as a matter mortgagee in possession. (vi) From the income collected, the Receiver may pay all Taxes, insurance premiums and other expenses required to keep the Property in good condition; pay its own fees as Receiver; pay all amounts required to keep any mortgages or other interests ranking in priority to the Mortgage in good standing; pay Interest; and pay all or any part of the Debt, whether due or not. (vii) We are not accountable for any money received by the Receiver except to the extent that we actually receive that money. The Receiver may do any one or more of the following: (i) use every right or remedy that we have under the Mortgage to collect the income from the Property, take possession of all or part of the Property, manage the Property and without notice to Grantor keep the Property in good condition; (ii) manage any business conducted on the Property; (iii) lease all or anyone claiming under Grantorany portion of the Property, and without regard to for this purpose enter into contracts in your name that will be binding on you; (iv) sell the then value Property; (v) arrange for the repair and maintenance of the Trust Estate or Property; arrange to complete any construction on the interest Property; arrange for construction of Grantor therein, or the insolvency leasehold improvements; (vi) register plans of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver subdivision and declarations and descriptions for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, Property; (avii) take possession of the Trust Estate and use any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance supplies, plans, tools or equipment on the Trust Estate and replace such items at Property; and (viii) borrow money on the expense security of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Property in priority to the effective exercise of the receiver's powers, on such terms as Mortgage. The rights and powers in this Section are supplemental to any other rights and powers that we may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationshave.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other thingsbut shall not be obligated, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and GrantorXxxxxxxxx's agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date ten (10) days following demand therefor until paid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor Debtor or anyone claiming under GrantorDebtor, and without regard to the then value of the Trust Estate or the interest of Grantor Debtor therein, or the insolvency of Grantor Debtor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor Debtor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate and any businesses conducted by Grantor Debtor thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Debtor and GrantorDebtor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust Estate, (c) to collect the Rentsrents, issues, profits and income therefrom, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Trust Estate, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of Debtor's materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) request that to borrow from Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor Debtor could legally do if Grantor was Debtor were in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationsindebtedness secured hereby. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Beneficiary, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Accelerated Obligations or in such other manner as the court may direct.

Appointment of Receiver. If Upon or at any time after Mortgagee has the right to file an action to foreclose this Mortgage, Mortgagee may petition the court in which such action is or might be filed to appoint a Default Event shall have occurred and be continuing, but subject to Section 8.02 receiver of the Credit AgreementsMortgaged Premises. Such appointment may be made either before or after sale, Beneficiarywithout notice, as a matter without regard to the solvency or insolvency of right and without notice to Grantor or anyone claiming under GrantorMortgagor at the time of application for such receiver, and without regard to the then value of the Trust Estate Mortgaged Premises or whether the interest of Grantor thereinMortgaged Premises shall be then occupied as a homestead or not, and without regard to whether Mortgagor has committed waste or the insolvency of Grantor or the then-owner allowed deterioration of the Trust EstateMortgaged Premises, and Mortgagee or any agent of Mortgagee may seek be appointed as such receiver. Mortgagor hereby agrees that Mortgagee has a special interest in the Mortgaged Premises and absent the appointment of such receiver the Mortgaged Premises shall suffer waste and deterioration and Mortgagor further agrees that it shall not contest the appointment of a receiver for the Trust Estate upon ex parte application and hereby so stipulates to any court of the competent jurisdiction. Grantor waives any right such appointment pursuant to any hearing or notice of hearing prior to the appointment of a receiverthis paragraph. Such receiver shall be empowered to, among other things, (a) take possession have the power to perform all of the Trust Estate acts permitted Mortgagee pursuant to Section 12.2. above and any businesses conducted by Grantor thereon such other powers which may be necessary or customary in such cases for the protection, possession, control, management and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option operation of the receiver, in lieu of Mortgaged Premises during such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationsperiod.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered toempowered, among other thingsbut shall not be obligated, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and GrantorMortgagor's agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date ten (10) days following demand therefor until paid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany Person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate upon Property on ex parte application to any court of the competent jurisdiction. To the extent permitted by law, Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewithProperty, (b) to exclude Grantor and Grantor's agents, servants and employees from the Trust EstateProperty, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) to collect the Rentsrents, issues, profits and income therefrom, (d) to complete any construction that may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) to pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gh) request that to borrow from Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally to do anything that Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Beneficiary, together with interest thereon at the rate borne by the Bonds from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryLender, as a matter of right and without notice to Grantor Borrower or anyone claiming under GrantorBorrower, and without regard to the then value of the Trust Estate or the interest of Grantor Borrower therein, or the insolvency of Grantor Borrower or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor Borrower waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate and any businesses conducted by Grantor Borrower thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Borrower and Grantor's Borrower’s agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust Estate, (c) to collect the Rents, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Trust Estate, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Lender advance such funds as may reasonably be necessary to the effective exercise of the receiver's ’s powers, on such terms as may be agreed upon by the receiver and BeneficiaryLender, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor Borrower could legally do if Grantor was Borrower were in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys’ fees incurred by the receiver and by Lender, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct.

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor Each Trustor waives any right to any hearing ----------------------- or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Property and any businesses conducted by Grantor Trustors or any other person (excluding the business of tenants of Trustors) thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor Trustors and Grantor's Trustors' agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) to use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estateProperty, (fg) to pay all taxes and assessments against the Trust Estate, Property and all premiums for insurance thereon, (h) to pay all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally to do anything that Grantor which Trustors could legally do if Grantor was Trustors were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Obligations have been discharged in full, or until title to the Trust Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, empowered: (ai) to take possession of the Trust Estate Property and any businesses conducted by Grantor or any other person thereon and any Property business assets used in connection therewith, ; (bii) to exclude Grantor and Grantor's ’s agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, Property; (iii) to collect a fair market rental from the rents, issues, profits and income therefrom; (iv) to complete any such Persons occupying any part of the Trust Estate, construction which may be in progress; (cv) collect the Rents, (d) to do such maintenance and make such repairs and alterations as the receiver deems necessary, ; (evi) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, ; (fvii) to pay all taxes and assessments against the Trust EstateProperty, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate ; and (hviii) generally to do anything that which Grantor could legally do if Grantor was were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the default rate under the Note from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Secured Obligations have been discharged in full, or until title of the Property has passed after foreclosure sale.

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor Trustor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Property and any businesses conducted by Grantor Trustor or any other person (excluding the business of tenants of Trustor) thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor Trustor and GrantorTrustor's agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems reasonably necessary, (ef) to use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estateProperty, (fg) to pay all taxes and assessments against the Trust Estate, Property and all premiums for insurance thereon, (h) t pay all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally to do anything that Grantor which Trustor could legally do if Grantor was Trustor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligations, including without limitation reasonable attorneys' fees. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Beneficiary (including charges of in-house counsel), together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Obligations have been discharged in full, or until title to the Trust Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event Beneficiary shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior entitled to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Subject Property and any businesses conducted by Grantor Trustor or any other person (other than the lessor or other persons authorized by the lessor with respect to any rights to use portions of the Subject Property retained by the lessor as provided in the Ground Leases or by the BLM under the BLM Grants) thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor Trustor and Grantor's agents, servants Trustor’s agents and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateSubject Property, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) to pay all taxes and assessments against the Trust Estate, Subject Property and all premiums for insurance thereon, (g) to pay all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally to do anything that Grantor which Trustor could legally do if Grantor was Trustor were in possession of the Trust EstateSubject Property. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligationsobligations secured hereby. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the obligations secured hereby and then to Trustor or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the obligations secured hereby have been discharged in full, or until title to the Subject Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryLender, as a matter of right and without notice to Grantor Borrower or anyone claiming under GrantorBorrower, and without regard to the then value of the Trust Estate Mortgaged Property or the interest of Grantor Borrower therein, or the insolvency of Grantor Borrower or the then-owner of the Trust EstateMortgaged Property, may seek the appointment of a receiver for the Trust Estate Mortgaged Property upon ex parte application to any court of the competent jurisdiction. Grantor Borrower waives any right to any 16 hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate Mortgaged Property and any businesses conducted by Grantor Borrower thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Borrower and GrantorBorrower's agents, servants and employees from the Trust EstateMortgaged Property, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust EstateMortgaged Property, (c) to collect the Rents, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Mortgaged Property, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate Mortgaged Property and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust EstateMortgaged Property, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Lender advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and BeneficiaryLender, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor Borrower could legally do if Grantor was Borrower were in possession of the Trust EstateMortgaged Property. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys' fees incurred by the receiver and by Lender, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct.

Appointment of Receiver. If a an Event of Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, BeneficiaryLender, as a matter of right and without notice to Grantor Borrower or anyone claiming under GrantorBorrower, and without regard to the then value of the Trust Estate or the interest of Grantor Borrower therein, or the insolvency of Grantor Borrower or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor Borrower waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) to take possession of the Trust Estate and any businesses conducted by Grantor Borrower thereon and any Property business assets used in connection therewith, (b) to exclude Grantor Borrower and Grantor's Borrower’s agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons persons occupying any part of the Trust Estate, (c) to collect the Rents, (d) to complete any construction that may be in progress, (e) to continue the development, marketing and sale of the Trust Estate, (f) to do such maintenance and make such repairs and alterations as the receiver deems necessary, (eg) to use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (fh) to pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gi) to request that Beneficiary Lender advance such funds as may reasonably be necessary to the effective exercise of the receiver's ’s powers, on such terms as may be agreed upon by the receiver and BeneficiaryLender, but not at an interest rate in excess of the Default Rate Rate, and (hj) generally to do anything that Grantor Borrower could legally do if Grantor was Borrower were in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligations.. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including reasonable attorneys’ fees incurred by the receiver and by Lender, together with interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the balance shall be applied toward the Obligations or in such other manner as the court may direct. Xxxxxxxx Xx. 00000 GE No. 8004-2212 0000 Xxxxxx Xxxxx Wilmington, North Carolina

Appointment of Receiver. If a Default Event shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and his agents shall be empowered to, among other things, (a) to take possession of the Trust Estate Premises and any businesses conducted by Grantor or any other person (excluding the business of tenants of Grantor) thereon and any Property business assets used in connection therewiththerewith and, if the receiver deems it appropriate, to operate the same, (b) to exclude Grantor and Grantor's ’s agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstatePremises, (c) to collect the Rentsrents, issues, profits, and income therefrom, (d) to complete any construction which may be in progress, (e) to do such maintenance and make such repairs and alterations as the receiver deems necessaryunnecessary, (ef) to use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estatePremises, (fg) to pay all taxes and assessments against the Trust Estate, Premises and all premiums for insurance thereon, (h) to pay all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally to do anything that which Grantor could legally do if Grantor was were in possession of the Trust EstatePremises. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys’ fees incurred by the receiver and by Beneficiary, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations or in such other manner as the court may direct. Unless sooner terminated with the express consent of Beneficiary, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Premises has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event The Lender shall have occurred be entitled to apply for and be continuingobtain, but subject to Section 8.02 of the Credit Agreements, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantorand upon ex parte application, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of a receiver for the Trust Estate upon ex parte application Collateral without regard to any court CGI's financial condition or solvency, the adequacy of the competent jurisdiction. Grantor waives Collateral to secure the payment of the Advances, or the performance of the Loan Documents, or the existence of any right to any hearing or notice of hearing prior waste to the appointment of a receiverCollateral. Such The receiver so appointed shall be empowered tohave all the powers and authority usually held by receivers and reasonably necessary to accomplish the purposes herein stated, among other things, including without limitation the following: (a) to take possession charge of the Trust Estate Collateral and any businesses conducted by Grantor thereon and any Property all personal property used in connection therewith, including, but not limited to, rental payments, lease payments, security deposits, records, contracts, leases, and fixtures used or associated therewith, if any; (b) exclude Grantor maintain and Grantor's agentsprotect the Collateral; (c) pay debts secured by the Collateral to the extent appropriate, servants arrange and employees from pay for appropriate insurance for the Trust Estate, or, at receivership property; (d) deposit all sums received in a bank in the option name of the receiver, as receiver, and make payments as required; (e) account to the court for all sums received, expenditures made and debt service paid; (f) report to the court from time to time; (g) to the extent Lender advances funds pursuant to the Loan Documents, if it elects to do so, or from other funds that may become available, to complete the construction of, repair and maintain improvements located on the Collateral in lieu the event that the receiver determines that such completion, repair and maintenance is appropriate and with said amounts so disbursed to be considered as an additional indebtedness to CGI and secured by the Mortgage; (h) to borrow funds from Lender or other parties, under such terms that the receiver determines are reasonable, to the extent that the receiver determines such funds are necessary for the completion, repair or maintenance of the Collateral. In case of such exclusionborrowing, the receiver may issue a receivership certificate to collect the Lender which receivership certificate shall constitute a fair market rental from lien against the Collateral which is senior and prior to any such Persons occupying any part and all other liens; (i) to ratify, confirm, renegotiate, and hold all leases, contracts, or other agreements related to the sale or operation of the Trust Estate, (c) collect the Rents, (d) do Collateral and to sell said Collateral on such maintenance terms and make such repairs and alterations conditions as the receiver deems necessary, appropriate; (ej) to use all stores of materials, supplies rents and maintenance equipment on receipts from the Trust Estate Collateral and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance from such funds as may reasonably be advanced by Lender or other parties for payment of expenses of the receivership and of the Collateral; (k) to enter into contracts with third parties to accomplish any of the powers of the receivership, including hiring; (l) to do any and all acts necessary and convenient or incidental to the effective exercise of foregoing; (m) to lease or rent the receiver's powersCollateral, if deemed advisable by the receiver on such terms as may be agreed are customary; (n) to sell the Collateral or any portion thereof, in its present condition or upon by completion of construction, upon terms that are customary, and to issue as appropriate any receiver's certificate and to report to the court as appropriate on the status of the completion of construction and sale. The receiver shall supply the court a report detailing the status of any sale of the subject property and disposition of all sale proceeds; and (o) if the receiver and Beneficiarydeems appropriate, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver may make changes in the plans and specifications, work, or his agentsmaterials as it may deem appropriate, including obligations and to repay funds borrowed by the receiverenter into, shall constitute a part of the Secured Obligationsmodify or terminate any contractual arrangements as deemed appropriate.

Appointment of Receiver. If a Default Upon the occurrence and during the continuance of an Event shall have occurred and be continuingof Default, but subject to Section 8.02 the terms of any applicable Intercreditor Agreement (as defined in the Credit AgreementsGuarantee and Collateral Agreement), Beneficiarythe Mortgagee shall be entitled, as a matter of right and without additional notice to Grantor or anyone claiming under Grantor, and without regard to the adequacy of any security for the Obligations secured hereby, whether the same shall then value of the Trust Estate be occupied as a homestead or the interest of Grantor thereinnot, or the insolvency solvency of Grantor or the then-owner of the Trust Estateany party bound for its payment, may seek to make application for the appointment of a receiver (which application may be made ex parte and to which appointment Mortgagee hereby consents) to take possession of and to operate the Premises, and to collect the rents, issues, profits, and income thereof, all expenses of which shall be added to the Obligations and secured hereby. The receiver shall have all the rights and powers provided for under the laws of the state in which the Premises are located, including without limitation, the power to execute leases, and the power to collect the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such foreclosure suit, as well as during any further times when the Mortgagor, its successors or assigns, except for the Trust Estate upon ex parte application intervention of such receiver, would be entitled to any court collect such rents, sales proceeds, issues, proceeds and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the competent jurisdictionPremises during the whole of said period. Grantor waives any right to any hearing or notice of hearing prior to Receiver’s fees, reasonable attorneys’ fees and costs incurred in connection with the appointment of a receiver. Such receiver pursuant to this Section 5.2 shall be empowered tosecured by this Mortgage. Notwithstanding the appointment of any receiver, among trustee or other thingscustodian, subject to any applicable Intercreditor Agreement (a) take as defined in the Guarantee and Collateral Agreement), the Mortgagee shall be entitled to retain possession and control of any cash or other instruments at the time held by or payable or deliverable under the terms of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Mortgage to the effective exercise of Mortgagee to the receiver's powers, on such terms as may be agreed upon fullest extent permitted by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationslaw.

Appointment of Receiver. If a Default Upon the occurrence and during the continuance of an Event shall have occurred and be continuingof Default, but subject to Section 8.02 the terms of the Credit AgreementsBase Intercreditor Agreement, Beneficiarythe Mortgagee shall be entitled, as a matter of right and without additional notice to Grantor or anyone claiming under Grantor, and without regard to the adequacy of any security for the Obligations secured hereby, whether the same shall then value of the Trust Estate be occupied as a homestead or the interest of Grantor thereinnot, or the insolvency solvency of Grantor or the then-owner of the Trust Estateany party bound for its payment, may seek to make application for the appointment of a receiver to take possession of and to operate the Premises, and to collect the rents, issues, profits, and income thereof, all expenses of which shall be added to the Obligations and secured hereby. The receiver shall have all the rights and powers provided for under the laws of the state in which the Premises are located, including without limitation, the power to execute leases, and the power to collect the rents, sales proceeds, issues, profits and proceeds of the Premises during the pendency of such foreclosure suit, as well as during any further times when the Mortgagor, its successors or assigns, except for the Trust Estate upon ex parte application intervention of such receiver, would be entitled to any court collect such rents, sales proceeds, issues, proceeds and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the competent jurisdictionPremises during the whole of said period. Grantor waives any right to any hearing or notice of hearing prior to Receiver’s fees, reasonable attorneys’ fees and costs incurred in connection with the appointment of a receiver. Such receiver pursuant to this Section 5.2 shall be empowered tosecured by this Mortgage. Notwithstanding the appointment of any receiver, among trustee or other thingscustodian, (a) take subject to the Base Intercreditor Agreement, the Mortgagee shall be entitled to retain possession and control of any cash or other instruments at the time held by or payable or deliverable under the terms of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect the Rents, (d) do such maintenance and make such repairs and alterations as the receiver deems necessary, (e) use all stores of materials, supplies and maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (f) pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary Mortgage to the effective exercise of Mortgagee to the receiver's powers, on such terms as may be agreed upon fullest extent permitted by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (h) generally do anything that Grantor could legally do if Grantor was in possession of the Trust Estate. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a part of the Secured Obligationslaw.

Appointment of Receiver. If a Default Event To the extent permitted by law, Mortgagee shall have occurred and be continuing, but subject to Section 8.02 of the Credit Agreements, Beneficiaryentitled, as a matter of absolute right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of any security for the Trust Estate Secured Obligations or the interest solvency of Grantor thereinany person liable therefor, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek to the appointment of a receiver for the Trust Estate Property upon ex ex-parte application to any court of the competent jurisdiction. Grantor Mortgagor waives any right to any hearing or notice of hearing prior to the appointment of a receiver. Such receiver and its agents shall be empowered to, among other things, to (a) take possession of the Trust Estate Property and any businesses conducted by Grantor Mortgagor or any other person thereon and any Property business assets used in connection therewith, (b) exclude Grantor Mortgagor and GrantorMortgagor's agents, servants servants, and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust EstateProperty, (c) collect the Rentsrents, issues, profits, and income therefrom, (d) complete any construction which may be in progress, (e) do such maintenance and make such repairs and alterations as the receiver deems necessary, (ef) use all stores of materials, supplies supplies, and maintenance equipment on the Trust Estate Property and replace such items at the expense of the receivership estate, (fg) pay all taxes and assessments against the Trust EstateProperty and the Chattels, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (gh) request that Beneficiary advance such funds as may reasonably be necessary to lease the effective exercise of the receiver's powersProperty or any part thereof, on such terms as may be agreed upon by the receiver and Beneficiary, but not at an interest rate in excess of the Default Rate and (hi) generally do anything that Grantor which Mortgagor could legally do if Grantor was Mortgagor were in possession of the Trust EstateProperty. All reasonable expenses incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, its agents shall constitute a part of the Secured Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the receivership, including attorneys' fees incurred by the receiver and by Mortgagee, together with interest thereon at the Default Rate from the date incurred until repaid, and the balance shall be applied toward the Secured Obligations in such order or manner as Mortgagee may in its sole discretion elect or in such other manner as the court may direct. Unless sooner terminated with the express consent of Mortgagee, any such receivership will continue until the Secured Obligations have been discharged in full, or until title to the Property has passed after foreclosure sale and all applicable periods of redemption have expired.

Appointment of Receiver. If a Default Event shall have occurred and be continuingThe Trustee may, but subject to Section 8.02 of the Credit Agreementsin writing, Beneficiary, as a matter of right and without notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the Trust Estate or the interest of Grantor therein, or the insolvency of Grantor or the then-owner of the Trust Estate, may seek the appointment of appoint a receiver for the Trust Estate upon ex parte application to any court of the competent jurisdiction. Grantor waives any right to any hearing all or notice of hearing prior to the appointment of a receiver. Such receiver shall be empowered to, among other things, (a) take possession of the Trust Estate and any businesses conducted by Grantor thereon and any Property used in connection therewith, (b) exclude Grantor and Grantor's agents, servants and employees from the Trust Estate, or, at the option of the receiver, in lieu of such exclusion, to collect a fair market rental from any such Persons occupying any part of the Trust Estate, (c) collect Mortgaged Property over which any Security shall have become enforceable and may remove any receiver so appointed and appoint another in his place. No delay or waiver of the Rents, (d) do right to exercise these powers shall prejudice their future exercise. The following provisions shall have effect: 6.9.1 such maintenance appointment may be made before or after the Trustee shall have taken possession of all or part of the relevant Mortgaged Property; 6.9.2 such receiver may be vested by the Trustee with such powers and make such repairs and alterations discretions as the receiver deems necessaryTrustee may think expedient, including, without limitation, all the powers set out in Schedule 1 to the Insolvency Act 1986 (e) use all stores of materialssubject to Clause 20), supplies and maintenance equipment on the Trust Estate and replace such items at the expense may sell, concur in selling, assign or release any of the receivership estate, (f) pay all taxes relevant Mortgaged Property without restriction and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other operating expenses, and all sums due under any prior or subsequent encumbrance, (g) request that Beneficiary advance such funds as may reasonably be necessary to the effective exercise of the receiver's powers, on such terms as he may be agreed upon think fit and may effect any such transaction in the name or on behalf of the Issuer or otherwise; 6.9.3 such receiver shall, in the exercise of his functions, conform to the regulations from time to time made by the Trustee; 6.9.4 the Trustee may, from time to time, fix such receiver’s remuneration and direct its payment out of moneys accruing to it in the exercise of his powers as such receiver; 6.9.5 the Trustee may, from time to time, and at any time, require such receiver to give security for the due performance of his duties as receiver and Beneficiary, but not at an interest rate in excess may fix the nature and amount of the Default Rate security to be given. The Trustee need not, however, in any case require any such security nor shall it be responsible for its adequacy or sufficiency; 6.9.6 all moneys received by such receiver shall be paid over to the Trustee unless the Trustee directs otherwise; 6.9.7 such receiver shall be the Issuer’s agent for all purposes. The Issuer alone shall be responsible for its acts, defaults and (h) generally do anything that Grantor could legally do if Grantor was in possession misconduct and none of the Trust Estate. All reasonable expenses incurred by Trustee, the receiver Noteholders or his agentsany other Transaction Counterparty shall incur any liability therefor; and 6.9.8 none of the Trustee, including obligations to repay funds borrowed by the receiver, Noteholders or any other Transaction Counterparty shall constitute a be responsible for any misconduct or negligence on the part of the Secured Obligationsany such receiver.