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Property may, at the option of Mortgagee, be sold as one parcel and as an entirety or in such <br />parcels, manner and order as Mortgagee in its sole discretion may elect and Mortgagor may have <br />to have the Mortgaged Property marshalled or sold in separate parcels at any foreclosure sale; <br />and <br />c. Mortgagee may exercise the rights and remedies of a secured party under <br />the Uniform Commercial Code. Mortgagee may proceed in whatever order it chooses against <br />any items of personal property under the Uniform Commercial Code or against the real property <br />or it may proceed against both items of personal property and real property in accordance with its <br />rights and remedies in respect of real property. The exercise of any right or remedy with respect <br />to any part of the Mortgaged Property shall not affect the availability of any other of Mortgagee's <br />rights and remedies under the Uniform Commercial Code, other applicable law, or this <br />Mortgage. All expenses (including any receivers' fees, attorneys' fees, costs and agents <br />compensation) incurred by Mortgagee pursuant to the powers herein contained shall be secured <br />hereby and shall hear interest from the date incurred at the Note Rate until paid by Mortgagor. <br />ARTICLE III <br />Miscellaneous <br />3.1 No Implied Waiver. No delay by Mortgagee in exercising or any failure by <br />Mortgagee to exercise any right or remedy hereunder or afforded by law shall be a waiver of or <br />preclude the exercise of any right or remedy hereunder, whether on such occasion or any future <br />occasion, and no waiver by Mortgagee of any particular provision of this Mortgage shall be <br />deemed effective unless in writing signed by Mortgagee. <br />3.2 Estoppel Certificate. Mortgagor agrees at any time and from time to time to <br />execute, acknowledge and deliver, without charge, to Mortgagee or to any person designated by <br />Mortgagee a current statement in writing (i) certifying (a) that this Mortgage is unmodified (or if <br />there have been modifications, identifying the same by the date thereof and specifying the nature <br />thereof), (b) that Mortgagor has not received any notice of default or notice of acceleration or <br />foreclosure of this Mortgage (or if Mortgagor has received such notice, that it has been revoked, <br />if such be the case), (c) that no Event of Default exists hereunder (or if any such Event of Default <br />does exist, specifying the same), and (d) that Mortgagor has no claims or offsets against <br />Mortgagee (or if Mortgagor has any such claims, specifying the same); and (ii) setting forth all <br />amounts then secured by this Mortgage, the date to which the interest and the other sums and <br />charges have been paid, the unpaid balance of the Indebtedness, the unpaid balance of the Note, <br />the amount of escrows, if any, which have been paid by Mortgagor and any other information <br />reasonably required by Mortgagee. <br />3.3 Remedies Cumulative. Each remedy of Mortgagee is distinct and cumulative to <br />each other right or remedy under this Mortgage or afforded by law and may be exercised <br />concurrently or independently. Mortgagee's taking action pursuant to paragraphs 1.17 or 1.18, or <br />receiving proceeds, awards or damages pursuant to paragraphs 1.2 or 1.14 shall not impair any <br />right or remedy available to Mortgagee under Article II or any other section hereof. <br />13 <br />33 <br />