DATE OF JUDGMENT UNTIL ACTUAL
PAYMENT IS MADE OF THE FULL AMOUNT OF THE JUDGMENT. MORTGAGOR AGREES THAT IN
ADDITION TO ALL OTHER RIGHTS OF MORTGAGEE HEREUNDER AND WITHOUT WAIVING OR
MODIFYING ANY OF ITS RIGHTS, MORTGAGEE MAY TO THE MAXIMUM EXTENT PERMITTED BY
LAW, FORECLOSE AND AT ITS SOLE OPTION UTILIZE THE PROVISIONS OF ANY STATUTE
WHICH ALLOWS MORTGAGEE TO OBTAIN THE MORTGAGED PROPERTY BY USING A SHORTENED
REDEMPTION PERIOD; AND
(II)
SUBJECT TO THE TERMS OF ANY DOCUMENT
GOVERNING ANY SPECIAL PURPOSE FINANCING, MORTGAGEE MAY PERSONALLY, OR BY ITS
AGENTS, ATTORNEYS AND EMPLOYEES AND WITHOUT REGARD TO THE ADEQUACY OR INADEQUACY
OF THE MORTGAGED PROPERTY OR ANY OTHER COLLATERAL AS SECURITY FOR THE
OBLIGATIONS ENTER INTO AND UPON THE MORTGAGED PROPERTY AND EACH AND EVERY PART
THEREOF AND EXCLUDE MORTGAGOR AND ITS AGENTS AND EMPLOYEES THEREFROM WITHOUT
LIABILITY FOR TRESPASS, DAMAGE OR OTHERWISE (MORTGAGOR HEREBY AGREEING TO
SURRENDER POSSESSION OF THE MORTGAGED PROPERTY TO MORTGAGEE UPON DEMAND AT ANY
SUCH TIME) AND USE, OPERATE, MANAGE, MAINTAIN AND CONTROL THE MORTGAGED PROPERTY
AND EVERY PART THEREOF. SUBJECT TO THE TERMS OF ANY DOCUMENT GOVERNING ANY
SPECIAL PURPOSE FINANCING, FOLLOWING SUCH ENTRY AND TAKING OF POSSESSION,
MORTGAGEE SHALL BE ENTITLED, WITHOUT LIMITATION, (X) TO LEASE ALL OR ANY PART OR
PARTS OF THE MORTGAGED PROPERTY FOR SUCH PERIODS OF TIME AND UPON SUCH
CONDITIONS AS MORTGAGEE MAY, IN ITS DISCRETION, DEEM PROPER, (Y) TO ENFORCE,
CANCEL OR MODIFY ANY LEASE AND (Z) GENERALLY TO EXECUTE, DO AND PERFORM ANY
OTHER ACT, DEED, MATTER OR THING CONCERNING THE MORTGAGED PROPERTY AS MORTGAGEE
SHALL DEEM APPROPRIATE AS FULLY AS MORTGAGOR MIGHT DO.
(B)
IN CASE OF A FORECLOSURE SALE, THE REAL
ESTATE MAY BE SOLD, AT MORTGAGEE'S ELECTION, IN ONE PARCEL OR IN MORE THAN ONE
PARCEL AND MORTGAGEE IS SPECIFICALLY EMPOWERED (WITHOUT BEING REQUIRED TO DO SO,
AND IN ITS SOLE AND ABSOLUTE DISCRETION) TO CAUSE SUCCESSIVE SALES OF PORTIONS
OF THE MORTGAGED PROPERTY TO BE HELD.
(C)
IN THE EVENT OF ANY BREACH OF ANY OF THE
COVENANTS, AGREEMENTS, TERMS OR CONDITIONS CONTAINED IN THIS MORTGAGE, MORTGAGEE
SHALL BE ENTITLED TO ENJOIN SUCH BREACH AND OBTAIN SPECIFIC PERFORMANCE OF ANY
COVENANT, AGREEMENT, TERM OR CONDITION AND MORTGAGEE SHALL HAVE THE RIGHT TO
INVOKE ANY EQUITABLE RIGHT OR REMEDY AS THOUGH OTHER REMEDIES WERE NOT PROVIDED
FOR IN THIS MORTGAGE.
It is agreed that if an Event of Default shall occur and be continuing, any and
all proceeds of the Mortgaged Property received by the Mortgagee shall be held
by the Mortgagee for the benefit of the Secured Parties as collateral security
for the Obligations (whether matured or unmatured), and/or then or at any time
thereafter may, in the sole discretion of the Mortgagee, be applied by the
Mortgagee against the Obligations then due and owing in the order of priority
set forth in the Intercreditor Agreement.
D-8
13.
RIGHT OF MORTGAGEE TO CREDIT SALE.
UPON THE
OCCURRENCE OF ANY SALE MADE UNDER THIS MORTGAGE, WHETHER MADE UNDER THE POWER