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11 <br />EL185\81\983265.v1 <br />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 /> <br />3.5. Specific Performance. Mortgagee may bring suit for specific performance of any <br />covenant or warranty hereunder. <br /> <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 /> <br />Page 73 of 124