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or purchasers at any foreclosure sale, notwithstanding discharge of the indebtedness or issuance <br />of any deed to any purchaser and (iii) all other powers which may be necessary or are usual in <br />such cases for the protection, possession, control, management and operation of the Mortgaged <br />Property during the whole of said period. A court from time to time may authorize the receiver <br />to apply the net income in its hands in payment in whole or in part to (1) the Obligations or any <br />Imposition or Lien which may be or become superior to the lien hereof, provided such <br />application is made prior to foreclosure sale and (2)the deficiency in case of a sale and <br />deficiency. <br /> <br /> (d) Exercise any or all of the remedies available to a secured party under the <br />UCC, including the following: <br /> <br /> (i) either personally or by means of a court appointed receiver, take <br />possession of all or any of the Personal Property and proceeds thereof and exclude them from <br />Trustor and all others claiming under Trustor and thereafter hold, store, use, operate, manage, <br />maintain, control, repair, replace, alter, improve, make additions to and exemise all rights and <br />powers of Trustor in respect to such Personal Property and proceeds thereof, and in the event <br />Beneficiary demands or attempts to take possession of such Personal Property and proceeds <br />thereof in the exercise of any of its rights hereunder, Trustor promises and agrees promptly to <br />turn over and deliver complete possession thereof to Beneficiary; <br /> <br /> (ii) without notice to or demand upon Trustor, make such payments <br />and do such acts as Beneficiary may deem necessary to protect its security interest in such <br />Personal Property and proceeds thereof, including paying, purchasing, contesting or <br />compromising any encumbrance, charge or Lien which is prior or superior to the security interest <br />granted hereunder, and in exercising any such powers or authority, pay all expenses incurred in <br />connection therewith: <br /> <br /> (iii) require Trustor to assemble such Personal Property or any portion <br />thereof at a place designated by Beneficiary and promptly deliver such Personal Property to <br />Beneficiary or an agent or representative designated by it. Beneficiary and its agents and <br />representatives shall have the right to enter upon any or all of the Mortgaged Property to exercise <br />Beneficiary's rights hereunder; and <br /> <br /> (iv) sell, lease or otherwise dispose of such Personal Property at public <br />or private sale, with or without having the same at the place of sale, and upon such terms, in such <br />manner and with such notice to Trustor as Beneficiary may determine in its sole discretion to be <br />commercially reasonable, it being agreed that five (5) days' prior notice shall constitute <br />commercially reasonable notice to Trustor of such sale or other disposition. Beneficiary may be <br />a purchaser at any such sale. Beneficiary shall not be deemed to have accepted any property <br />other than cash in satisfaction of any Obligation unless Beneficiary shall make an express written <br />election of such remedy under the UCC Section 9505 or other applicable law. <br /> <br /> (e) Elect to sell by power of sale Trustor's interest in the Land and, upon such <br />election, such notice of default and election to sell shall be given as may then be required by law. <br />Thereafter, upon the expiration of such time and the giving of such notice of sale as may then be <br />required by law, Trustee shall sell such property, or any portion thereof specified by Trustee, at <br /> <br />17996.00003XBGLIB 1 \ 1083970.6 8 <br /> <br /> <br />