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prior or current real estate taxes or special assessments with respect to the Mortgaged Property <br /> or, if this Mortgage so requires, to the periodic escrow for the payment thereof, (iv) the payment <br /> when due of premiums for insurance of the type required by this Mortgage or, if this Mortgage <br /> so requires, to the periodic escrow for the payment thereof; and (v) as further provided in any <br /> Assignment of Rents executed by Mortgagor as further security for the Obligations (whether <br /> included in this Mortgage or separate instrument), including but not limited to applying the same <br /> to the costs and expenses of the receivership, including reasonable attorneys' fees, to the <br /> repayment of the Obligations and to the operation, maintenance, upkeep and repair of the <br /> Mortgaged Property, including payment of taxes and payments of premiums of insurance. <br /> Mortgagor does hereby irrevocably consent to such appointment. <br /> 3.5. Specific Performance. Mortgagee may bring suit for specific performance of any <br /> covenant or warranty hereunder. <br /> 3.6. Forbearance and Other Rights of Mortgagee. Any delay by Mortgagee in <br /> exercising any right or remedy hereunder, or otherwise afforded by law or equity, shall not be a <br /> waiver of or preclude the exercise of such right or remedy or any other right or remedy <br /> hereunder or at law or in equity. The failure of Mortgagee to exercise any option to accelerate <br /> maturity of the Obligations secured by the Mortgage, the forbearance by Mortgagee before or <br /> after the exercise of such option, or the withdrawal or abandonment of proceedings provided for <br /> by this Mortgage shall not be a waiver of the right to exercise such option or to accelerate the <br /> maturity of such Obligations by reason of any past, present or future event which would permit <br /> acceleration. The procurement of insurance or the payment of taxes or other liens or charges by <br /> Mortgagee shall not be a waiver of Mortgagee's right to accelerate the maturity of the <br /> Obligations. Mortgagee's receipt of any awards, proceeds or damages shall not operate to cure <br /> or waive default by Mortgagor. Mortgagee may at any time, without notice, release any person <br /> liable for payment of any Obligations, extend the time or agree to alter the terms of payment of <br /> any of the Obligations, accept additional security of any kind, release any plat or map of the <br /> Mortgaged Property or the creation of any easement thereon or any covenants restricting use or <br /> occupancy thereof, or agree to alter or amend the terms of this Mortgage in any way. No such <br /> release, modification, addition or change shall affect the liability of any person other than the <br /> person so released, for payment of any Obligations, nor affect the priority and lien status of this <br /> Mortgage upon any property not so released. <br /> 12 <br /> 464431v2 EL185-33 <br />