AND SERVANTS THEREFROM, AND THEREUPON LENDER MAY (A)
USE, OPERATE, MANAGE, CONTROL, INSURE, MAINTAIN, REPAIR, RESTORE AND OTHERWISE
DEAL WITH ALL AND EVERY PART OF THE PROPERTY AND CONDUCT THE BUSINESS THEREAT,
(B) MAKE ALTERATIONS, ADDITIONS, RENEWALS, REPLACEMENTS AND IMPROVEMENTS TO OR
ON THE PROPERTY OR ANY PART THEREOF, (C) EXERCISE ALL RIGHTS AND POWERS OF
BORROWER WITH RESPECT TO THE PROPERTY OR ANY PART THEREOF, 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 EARNINGS, REVENUES, RENTS, ISSUES, PROFITS AND OTHER
INCOME OF THE PROPERTY AND EVERY PART THEREOF, AND (D) APPLY THE RECEIPTS FROM
THE PROPERTY OR ANY PART THEREOF TO THE PAYMENT OF THE DEBT, AFTER DEDUCTING
THEREFROM ALL EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES AND DISBURSEMENTS) REASONABLY INCURRED IN CONNECTION WITH THE AFORESAID
OPERATIONS AND ALL AMOUNTS NECESSARY TO PAY THE IMPOSITIONS, INSURANCE AND OTHER
CHARGES IN CONNECTION WITH THE PROPERTY OR ANY PART THEREOF, AS WELL AS JUST AND
REASONABLE COMPENSATION FOR THE SERVICES OF LENDER'S THIRD PARTY AGENTS; OR
(III) HAVE AN APPRAISAL OR OTHER VALUATION OF THE PROPERTY OR ANY PART THEREOF
PERFORMED BY AN APPRAISER (AND BORROWER COVENANTS AND AGREES IT SHALL COOPERATE
IN CAUSING ANY SUCH VALUATION OR APPRAISAL TO BE PERFORMED) AND ANY COST OR
EXPENSE INCURRED BY LENDER IN CONNECTION THEREWITH SHALL CONSTITUTE A PORTION OF
THE DEBT AND BE SECURED BY THIS SECURITY INSTRUMENT AND SHALL BE IMMEDIATELY DUE
AND PAYABLE TO LENDER WITH INTEREST, AT THE DEFAULT RATE, UNTIL THE DATE OF
RECEIPT BY LENDER; OR (IV) SELL THE PROPERTY OR INSTITUTE PROCEEDINGS FOR THE
COMPLETE FORECLOSURE OF THIS SECURITY INSTRUMENT, OR TAKE SUCH OTHER ACTION AS
MAY BE ALLOWED PURSUANT TO LEGAL REQUIREMENTS, AT LAW OR IN EQUITY, FOR THE
ENFORCEMENT OF THIS SECURITY INSTRUMENT IN WHICH CASE THE PROPERTY OR ANY PART
THEREOF MAY BE SOLD FOR CASH OR CREDIT IN ONE OR MORE PARCELS; OR (V) WITH OR
WITHOUT ENTRY, AND TO THE EXTENT PERMITTED AND PURSUANT TO THE PROCEDURES
PROVIDED BY APPLICABLE LEGAL REQUIREMENTS, INSTITUTE PROCEEDINGS FOR THE PARTIAL
FORECLOSURE OF THIS SECURITY INSTRUMENT, OR TAKE SUCH OTHER ACTION AS MAY BE
ALLOWED PURSUANT TO LEGAL REQUIREMENTS, AT LAW OR IN EQUITY, FOR THE ENFORCEMENT
OF THIS SECURITY INSTRUMENT FOR THE PORTION OF THE DEBT THEN DUE AND PAYABLE,
SUBJECT TO THE LIEN OF THIS SECURITY INSTRUMENT CONTINUING UNIMPAIRED AND
WITHOUT LOSS OF PRIORITY SO AS TO SECURE THE BALANCE OF THE DEBT NOT
99
THEN DUE; OR (VI) SELL THE PROPERTY OR ANY PART THEREOF AND ANY OR ALL ESTATE,
CLAIM, DEMAND, RIGHT, TITLE AND INTEREST OF BORROWER THEREIN AND RIGHTS OF
REDEMPTION THEREOF, PURSUANT TO POWER OF SALE OR OTHERWISE, AT ONE OR MORE
SALES, IN WHOLE OR IN PARCELS, IN ANY ORDER OR MANNER, AT SUCH TIME AND PLACE,
UPON SUCH TERMS AND AFTER SUCH NOTICE THEREOF AS MAY BE REQUIRED OR PERMITTED BY
LAW,