OR LENDER, MAY PURCHASE AT ANY SALE HEREUNDER.
SHOULD LENDER
DESIRE THAT MORE THAN ONE SALE OR OTHER DISPOSITION OF THE PROPERTY BE
CONDUCTED, LENDER SHALL, SUBJECT TO APPLICABLE LAW, CAUSE SUCH SALES OR
DISPOSITIONS TO BE CONDUCTED SIMULTANEOUSLY, OR SUCCESSIVELY, ON THE SAME DAY,
OR AT SUCH DIFFERENT DAYS OR TIMES AND IN SUCH ORDER AS LENDER MAY DESIGNATE,
AND NO SUCH SALE SHALL TERMINATE OR OTHERWISE AFFECT THE LIEN OF THIS SECURITY
INSTRUMENT ON ANY PART OF THE PROPERTY NOT SOLD UNTIL ALL THE DEBT HAS BEEN PAID
IN FULL.
IN THE EVENT LENDER ELECTS TO DISPOSE OF THE PROPERTY THROUGH MORE
THAN ONE SALE, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, BORROWER AGREES
TO PAY THE COSTS AND EXPENSES OF EACH SUCH SALE AND OF ANY JUDICIAL PROCEEDINGS
WHEREIN SUCH SALE MAY BE MADE;
(E)
INSTITUTE AN ACTION, SUIT OR PROCEEDING IN EQUITY FOR THE
SPECIFIC PERFORMANCE OF ANY COVENANT, CONDITION OR AGREEMENT CONTAINED HEREIN,
IN THE NOTE, THE LOAN AGREEMENT OR IN THE OTHER LOAN DOCUMENTS;
(F)
RECOVER JUDGMENT ON THE NOTE EITHER BEFORE, DURING OR
AFTER ANY PROCEEDINGS FOR THE ENFORCEMENT OF THIS SECURITY INSTRUMENT OR THE
OTHER LOAN DOCUMENTS;
(G)
APPLY FOR THE APPOINTMENT OF A RECEIVER, TRUSTEE,
LIQUIDATOR OR CONSERVATOR OF THE PROPERTY, WITHOUT NOTICE AND WITHOUT REGARD FOR
THE ADEQUACY OF THE SECURITY FOR THE DEBT AND WITHOUT REGARD FOR THE SOLVENCY OF
BORROWER, ANY GUARANTOR, INDEMNITOR WITH RESPECT TO THE LOAN OR OF ANY PERSON,
LIABLE FOR THE PAYMENT OF THE DEBT;
(H)
THE LICENSE GRANTED TO BORROWER UNDER SECTION 1.2 HEREOF
SHALL BE REVOKED AND LENDER MAY UPON WRITTEN NOTICE ENTER INTO OR UPON THE
PROPERTY, EITHER PERSONALLY OR
15
BY ITS AGENTS, NOMINEES OR ATTORNEYS AND DISPOSSESS BORROWER AND ITS AGENTS AND
SERVANTS THEREFROM, WITHOUT LIABILITY FOR TRESPASS, DAMAGES OR OTHERWISE AND
EXCLUDE BORROWER AND ITS AGENTS OR SERVANTS WHOLLY THEREFROM, AND TAKE
POSSESSION OF ALL BOOKS, RECORDS AND ACCOUNTS RELATING THERETO AND BORROWER
AGREES TO SURRENDER POSSESSION OF THE PROPERTY AND OF SUCH BOOKS, RECORDS AND
ACCOUNTS TO LENDER UPON DEMAND, AND THEREUPON LENDER MAY (I) USE, OPERATE,
MANAGE, CONTROL, INSURE, MAINTAIN, REPAIR, RESTORE AND OTHERWISE DEAL WITH ALL
AND EVERY PART OF THE PROPERTY AND CONDUCT THE BUSINESS THEREAT; (II) COMPLETE
ANY CONSTRUCTION ON THE PROPERTY IN SUCH MANNER AND FORM AS LENDER DEEMS
ADVISABLE; (III) MAKE ALTERATIONS, ADDITIONS, RENEWALS, REPLACEMENTS AND
IMPROVEMENTS TO OR ON THE PROPERTY; (IV) EXERCISE ALL RIGHTS AND POWERS OF
BORROWER WITH RESPECT TO THE PROPERTY, WHETHER IN THE NAME OF BORROWER OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO MAKE, CANCEL, ENFORCE OR
MODIFY LEASES, OBTAIN AND EVICT TENANTS, AND DEMAND, SUE FOR, COLLECT AND
RECEIVE ALL RENTS OF THE PROPERTY AND EVERY PART THEREOF; (V) REQUIRE BORROWER
TO PAY MONTHLY IN ADVANCE TO LENDER, OR ANY RECEIVER APPOINTED TO COLLECT THE
RENTS, THE FAIR AND REASONABLE RENTAL VALUE FOR THE USE AND OCCUPATION OF SUCH
PART OF THE PROPERTY AS MAY BE OCCUPIED BY BORROWER; (VI) REQUIRE BORROWER TO