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<br />marketability or rentability of the Property, or part thereof or interest therein, increase the income
<br />therefrom or protect the security hereof;
<br />(ii) with or without taking possession of the Premises, sue for or otherwise
<br />collect the Rents including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection including attorneys’ fees, to the payment of any Secured Obligations, all in such
<br />order as the Beneficiary may determine;
<br />(iii) specifically enforce any of the covenants hereof; or
<br />(iv) exercise all other rights and remedies provided herein, in any of the other
<br />Funding Loan Documents, or provided by law or equity.
<br />(b) The entering upon the Premises and taking possession of the Property, the
<br />collection of such Rents and the application thereof as aforesaid, shall not cure or waive any default or
<br />notice of default hereunder or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession, by the Beneficiary or a receiver of
<br />all or any portion of the Property or the collection, receipt and application of any of the Rents thereby, the
<br />Beneficiary shall be entitled to exercise every right provided for in any of the Funding Loan Documents
<br />or by law upon occurrence of any Event of Default.
<br />Section 3.04. Foreclosure.
<br />(a) When the Secured Obligations, or any part thereof, shall become due, whether
<br />upon maturity, by acceleration, or otherwise, the Beneficiary, acting at the written direction of the
<br />Controlling Person, may institute an action of foreclosure against the Property, or take such other action at
<br />law or in equity of the enforcement of this Mortgage and realization on the Property or any other security
<br />herein or elsewhere provided for as the law may allow, and may proceed therein to final judgment and
<br />execution for the entire unpaid balance of the Secured Obligations, with interest from and after the
<br />occurrence of the Event of Default at the Default Rate together with all other sums due by the Grantor in
<br />accordance with the provisions of this Mortgage and the other Funding Loan Documents including all
<br />sums which may have been paid, incurred or advanced by or on behalf of the Beneficiary or the
<br />Controlling Person for taxes, water or sewer rents, charges or claims, payments of prior liens, insurance
<br />appraiser’s charges, publication costs, and costs (which may be estimated as to items to be expended after
<br />entry of judgment) of procuring all such abstracts of title, title searches and examina tions, title insurance
<br />policies, and similar data and assurances with respect to title as the Beneficiary or the Controlling Person
<br />may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which
<br />may be had pursuant to such judgment the true condition of the title to or the value of the Property, all
<br />costs of suit, together with interest at the Default Rate on any judgment obtained by the Beneficiary from
<br />and after the date of such judgment including the period from and after the date of any judicial sale until
<br />actual payment is made of the full amount due the Beneficiary as a result of such sale, and a reasonable
<br />attorney’s commission for collection.
<br />(b) If any or all of the Premises or any estate or interest therein is to be sold under
<br />the provisions of this Mortgage, by virtue of a judicial sale, it may be sold, as an entirety or in one or
<br />more parcels, by one sale or by several sales held at one time or at different times, with such
<br />postponement of any such sale as the Beneficiary, acting at the written direction of the Controlling
<br />Person, may deem appropriate and without regard to any right of the Grantor or any other person to the
<br />marshaling of assets. The Beneficiary or the Controlling Person, or a designee for either, may bid and
<br />become the purchaser at any such sale.
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