AFTER SUCH NOTICE THEREOF AS MAY BE REQUIRED OR
PERMITTED BY LAW;
(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 MORTGAGE 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 AUTOMATICALLY BE REVOKED AND LENDER MAY, TO THE EXTENT
PERMITTED PURSUANT TO PROCEDURES PROVIDED BY APPLICABLE LAW, ENTER INTO OR UPON
THE PROPERTY, EITHER PERSONALLY OR 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
15
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 VACATE AND SURRENDER POSSESSION OF THE PROPERTY TO
LENDER OR TO SUCH RECEIVER AND, IN DEFAULT THEREOF, BORROWER MAY BE EVICTED BY
SUMMARY PROCEEDINGS OR OTHERWISE; AND (VII) APPLY THE RECEIPTS FROM THE PROPERTY
TO THE PAYMENT OF THE DEBT, IN SUCH ORDER, PRIORITY AND PROPORTIONS AS LENDER
SHALL DEEM APPROPRIATE IN ITS SOLE DISCRETION AFTER DEDUCTING THEREFROM ALL
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH THE
AFORESAID OPERATIONS AND ALL AMOUNTS NECESSARY TO PAY THE TAXES, OTHER CHARGES,
INSURANCE AND OTHER EXPENSES IN CONNECTION WITH THE PROPERTY, AS WELL AS JUST
AND REASONABLE COMPENSATION FOR THE SERVICES OF LENDER, ITS COUNSEL, AGENTS AND
EMPLOYEES;
(I)
EXERCISE ANY AND ALL RIGHTS AND REMEDIES
GRANTED TO