RIGHTS OF TENANTS UNDER SUCH
LEASES.
NO FAILURE TO MAKE ANY SUCH TENANT A DEFENDANT IN ANY FORECLOSURE
PROCEEDINGS OR TO FORECLOSE OR OTHERWISE TERMINATE ANY SUCH LEASE AND THE RIGHTS
OF ANY SUCH TENANT IN CONNECTION WITH ANY SUCH FORECLOSURE OR TRANSFER SHALL BE,
OR BE ASSERTED TO BE, A DEFENSE OR HINDRANCE TO ANY SUCH FORECLOSURE OR TRANSFER
OR TO ANY PROCEEDINGS SEEKING COLLECTION OF ALL OR ANY PART OF THE OBLIGATIONS
(INCLUDING, WITHOUT LIMITATION, ANY DEFICIENCY REMAINING UNPAID AFTER COMPLETION
OF ANY SUCH FORECLOSURE OR TRANSFER).
(C)
IF THE MORTGAGOR RETAINS POSSESSION OF THE MORTGAGED PROPERTY OR ANY PART
THEREOF SUBSEQUENT TO A SALE, THE MORTGAGOR WILL BE CONSIDERED A TENANT AT
SUFFERANCE OF THE PURCHASER, AND WILL, IF THE MORTGAGOR REMAINS IN POSSESSION
AFTER DEMAND TO REMOVE, BE GUILTY OF FORCIBLE DETAINER AND WILL BE SUBJECT TO
EVICTION AND REMOVAL, FORCIBLE OR OTHERWISE, WITH OR WITHOUT PROCESS OF LAW, AND
ALL DAMAGES TO THE MORTGAGOR BY REASON THEREOF ARE HEREBY EXPRESSLY WAIVED BY
THE MORTGAGOR.
4.04
APPLICATION OF PROCEEDS.
THE PROCEEDS OF ANY SALE OF, AND THE RENTS AND
OTHER AMOUNTS GENERATED BY THE HOLDING, LEASING, MANAGEMENT, OPERATION OR OTHER
USE OF, THE MORTGAGED PROPERTY PURSUANT TO THIS MORTGAGE SHALL BE APPLIED BY THE
MORTGAGEE (OR THE RECEIVER, IF ONE IS APPOINTED) IN ACCORDANCE WITH THE
PROVISIONS OF THE U.S. SECURITY AGREEMENT.
4.05
APPOINTMENT OF RECEIVER.
UPON THE OCCURRENCE AND DURING THE CONTINUANCE
OF AN EVENT OF DEFAULT, THE MORTGAGEE AS A MATTER OF STRICT RIGHT AND WITHOUT
NOTICE TO THE MORTGAGOR OR ANYONE CLAIMING UNDER THE MORTGAGOR, AND WITHOUT
REGARD TO THE ADEQUACY OR THE THEN VALUE OF THE MORTGAGED PROPERTY OR THE
INTEREST OF THE MORTGAGOR THEREIN OR THE SOLVENCY OF ANY PARTY BOUND FOR PAYMENT
OF THE OBLIGATIONS, SHALL HAVE THE RIGHT TO APPLY TO ANY COURT HAVING
JURISDICTION TO APPOINT A RECEIVER OR RECEIVERS OF THE MORTGAGED PROPERTY, AND
THE MORTGAGOR HEREBY IRREVOCABLY CONSENTS TO SUCH APPOINTMENT AND WAIVES NOTICE
OF ANY APPLICATION THEREFOR.
ANY SUCH RECEIVER OR RECEIVERS SHALL HAVE ALL THE
USUAL RIGHTS, POWERS AND DUTIES OF RECEIVERS IN LIKE OR SIMILAR CASES AND ALL
THE RIGHTS, POWERS AND DUTIES OF THE MORTGAGEE IN CASE OF ENTRY AS
PROVIDED IN SECTION 4.02 HEREOF, INCLUDING, BUT NOT LIMITED TO, THE FULL POWER
TO RENT, MAINTAIN AND OTHERWISE OPERATE THE MORTGAGED PROPERTY UPON SUCH TERMS
AS ARE APPROVED BY THE COURT AND SHALL CONTINUE AS SUCH AND EXERCISE ALL SUCH
POWERS UNTIL THE DATE OF CONFIRMATION OF SALE OF THE MORTGAGED PROPERTY UNLESS
SUCH RECEIVERSHIP IS SOONER TERMINATED.
4.06
EXERCISE OF RIGHTS AND REMEDIES.
THE ENTERING UPON AND TAKING POSSESSION
OF THE MORTGAGED PROPERTY, THE COLLECTION OF ANY RENTS AND THE EXERCISE OF ANY
OF THE OTHER RIGHTS CONTAINED IN THIS ARTICLE IV, SHALL NOT, ALONE, CURE OR
WAIVE ANY EVENT OF DEFAULT OR NOTICE OF DEFAULT HEREUNDER OR INVALIDATE ANY ACT
DONE IN RESPONSE TO SUCH EVENT OF DEFAULT OR PURSUANT TO SUCH NOTICE OF DEFAULT
AND, NOTWITHSTANDING THE CONTINUANCE IN