ALL OR ANY PORTION OF THE MORTGAGED PROPERTY AND
MAY EXCLUDE MORTGAGOR AND THE AGENTS AND EMPLOYEES OF MORTGAGOR WHOLLY THEREFROM
AND SHALL HAVE JOINT ACCESS WITH MORTGAGOR TO THE BOOKS, PAPERS AND ACCOUNTS OF
MORTGAGOR; AND (II) NOTWITHSTANDING THE PROVISIONS OF ANY LEASE OR OTHER
AGREEMENT TO THE CONTRARY, MORTGAGOR SHALL PAY MONTHLY IN ADVANCE TO LENDER, ON
LENDER'S ENTRY INTO POSSESSION, OR TO ANY RECEIVER APPOINTED TO COLLECT THE
RENTS, INCOME AND OTHER BENEFITS OF THE MORTGAGED PROPERTY, THE FAIR AND
REASONABLE RENTAL VALUE FOR THE USE AND OCCUPATION OF SUCH PART OF THE MORTGAGED
PROPERTY AS MAY BE IN POSSESSION OF MORTGAGOR, OR ANY ENTITY AFFILIATED WITH OR
CONTROLLED BY MORTGAGOR, AND UPON DEFAULT IN ANY SUCH PAYMENT MORTGAGOR SHALL
VACATE AND SURRENDER POSSESSION OF SUCH PART OF THE MORTGAGED PROPERTY TO LENDER
OR TO SUCH RECEIVER, AND IN DEFAULT THEREOF MORTGAGOR MAY BE EVICTED BY SUMMARY
PROCEEDINGS OR OTHERWISE.
(B)
IF MORTGAGOR SHALL FOR ANY REASON FAIL TO SURRENDER OR DELIVER THE
MORTGAGED PROPERTY OR ANY PART THEREOF AFTER LENDER'S DEMAND, LENDER MAY OBTAIN
A JUDGMENT OR DECREE CONFERRING ON LENDER THE RIGHT TO IMMEDIATE POSSESSION OR
REQUIRING MORTGAGOR TO DELIVER IMMEDIATE POSSESSION OF ALL OR PART OF THE
MORTGAGED PROPERTY TO LENDER, TO THE ENTRY OF WHICH JUDGMENT OR DECREE MORTGAGOR
HEREBY SPECIFICALLY CONSENTS.
MORTGAGOR SHALL PAY TO LENDER, UPON DEMAND, ALL
COSTS AND EXPENSES OF OBTAINING SUCH JUDGMENT OR DECREE AND REASONABLE
COMPENSATION TO LENDER, ITS ATTORNEYS AND AGENTS, AND ALL SUCH COSTS, EXPENSES
AND COMPENSATION SHALL, UNTIL PAID, BE SECURED BY THE LIEN OF THIS MORTGAGE.
(C)
UPON EVERY SUCH ENTERING UPON OR TAKING OF POSSESSION, LENDER, TO
THE EXTENT PERMITTED BY LAW, MAY HOLD, STORE, USE,
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OPERATE, MANAGE AND CONTROL THE MORTGAGED PROPERTY AND CONDUCT THE BUSINESS
THEREOF, AND, FROM TIME TO TIME:
(I)
PERFORM SUCH CONSTRUCTION, MAKE ALL NECESSARY AND PROPER
MAINTENANCE, REPAIRS, RENEWALS, REPLACEMENTS, ADDITIONS AND IMPROVEMENTS THERETO
AND THEREON, AND PURCHASE OR OTHERWISE ACQUIRE ADDITIONAL FIXTURES AND PERSONAL
PROPERTY;
(II)
INSURE OR KEEP THE MORTGAGED PROPERTY INSURED;
(II)
MANAGE AND OPERATE THE MORTGAGED PROPERTY AND EXERCISE ALL THE
RIGHTS AND POWERS OF MORTGAGOR, ON ITS BEHALF OR OTHERWISE, WITH RESPECT TO THE
SAME;
(IV)
ENTER INTO AGREEMENTS WITH OTHERS TO EXERCISE THE POWERS HEREIN
GRANTED LENDER, ALL AS LENDER FROM TIME TO TIME MAY DETERMINE; AND LENDER MAY
COLLECT AND RECEIVE ALL THE RENTS, INCOME AND OTHER BENEFITS OF THE MORTGAGED
PROPERTY, INCLUDING THOSE PAST DUE AS WELL AS THOSE ACCRUING THEREAFTER; AND
SHALL APPLY THE MONIES SO RECEIVED BY LENDER, IN SUCH ORDER AND MANNER AS LENDER
MAY DETERMINE, TO (1) THE PAYMENT OF AMOUNTS DUE UNDER THE GUARANTY OR PURSUANT
TO THIS MORTGAGE OR TO ANY OTHER MORTGAGOR'S LIABILITIES, (2) DEPOSITS FOR TAXES
AND ASSESSMENTS, (3) THE PAYMENT OR CREATION OF RESERVES FOR PAYMENT OF
INSURANCE, TAXES, ASSESSMENTS AND OTHER PROPER CHARGES OR LIENS OR ENCUMBRANCES
UPON THE MORTGAGED PROPERTY OR ANY PART THEREOF, AND (4) THE COMPENSATION,
EXPENSES AND DISBURSEMENTS OF THE AGENTS, ATTORNEYS