LAW;
9
(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 OR INDEMNITOR UNDER THE LOAN OR ANY OTHER PERSON LIABLE
FOR THE PAYMENT OF THE DEBT;
(H)
THE LICENSE GRANTED TO BORROWER UNDER SECTION 1.2 HEREOF SHALL
AUTOMATICALLY BE REVOKED AND MORTGAGEE MAY 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 MORTGAGEE UPON DEMAND, PROVIDED THAT BORROWER, AT
ITS SOLE COST AND EXPENSE, SHALL BE ENTITLED TO COPIES OF ANY SUCH BOOKS,
RECORDS AND ACCOUNTS, AND THEREUPON MORTGAGEE 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 MORTGAGEE DEEMS
ADVISABLE; (III) MAKE ALL REASONABLE 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 MORTGAGEE 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 MORTGAGEE
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 MORTGAGEE 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 MORTGAGEE, COUNSEL, AGENTS AND
EMPLOYEES; PROVIDED, THAT UPON THE CURE OF AN EVENT OF DEFAULT,