Common use of Receivership Clause in Contracts

Receivership. The parties hereto recognize and agree that in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of this contract, the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession of the Property by judicial process could cause irreparable damage to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); and

Receivership. The parties hereto recognize and agree Tenant acknowledges that in the event of default by the Purchaser in making any payments or in the performance of any one of the other terms rights and conditions of this contract, the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining remedies available to Landlord under applicable law is to secure a court-appointed receiver to take possession of the Property by judicial process could cause irreparable damage Premises or any portion thereof, to collect the Seller rents, issues, profits and income of the Premises or any portion thereof, and to manage the Property or the possible acceleration operation of the debts secured Premises or any portion thereof. Tenant further acknowledges that the revocation, suspension or material limitation of the certification of the Premises or any portion thereof for provider status under Medicare or Medicaid (or successor programs) as currently exist or as are obtained by Prior EncumbrancesTenant at a later date and/or the revocation, suspension or material limitation of the license of the Premises or any portion thereof as Personal Care Facilities for the number of beds and units shown in Schedule 2 under the laws of the State in which the applicable Facility is located will materially and irreparably impair the value of Landlord's investment in the Premises. Therefore, the Purchaser hereby expressly agrees that in the event of any default such revocation, suspension or material limitation, and in addition to any other right or remedy of Landlord under this contract which is not cured the Seller shall have the right to apply Lease, Tenant hereby consents to the superior court appointment of such a receiver to enter upon and take possession of the county in which Premises or any portion thereof, to manage the Real Property is situated operation of the Premises or any portion thereof, to collect and disburse all rents, issues, profits and income generated thereby and to preserve or replace to the extent possible the licenses and provider certifications of the Premises required for the operation of the Personal Care Facilities or to otherwise substitute the licensee or provider thereof. The receiver shall be entitled to a reasonable fee for its services as a receiver. All such fees and other expenses of the receivership estate shall be added to the monthly rent due to Landlord under this Lease. Tenant hereby irrevocably stipulates to the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) such circumstances and for such purposes and agrees not to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on contest such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andappointment.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply: (i) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Leases, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Borrower’s materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and managing property of every kind and description; (iv) manage, operate, repair, alter or extend the PropertyLands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, be required for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. Any sums The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this Mortgage, bear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the (i) Borrower or to any other person including without limitation, for the receiver’s remuneration, costs, charges and expenses and no appointment or removal of a receiver and no actions of a receiver shall render the Lender a mortgagee in possession of the Lands. No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any part thereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) all interest, principal and other monies due hereunder to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (i) Save as to claims for accounting under paragraph (f) of this section 40, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.

Receivership. The parties hereto recognize and agree that in the event of default 7.01 At any time after demand by the Purchaser Bank for the payment of the Secured Indebtedness, the Bank may appoint any one or more persons to be a Receiver of all or any part of the Charged Assets and may from time to time fix his remuneration (which shall be of such amount as may be agreed from time to time between the Bank and such Receiver) and may remove any Receiver so appointed and appoint another in making his place. 7.02 Where two or more persons are appointed Receivers, then, unless the Bank otherwise directs, their appointment shall be deemed to be joint and several and each may exercise any payments power independently of the others. 7.03 A Receiver so appointed shall be the agent of the Company for all purposes, and the Company shall be solely responsible for his acts, defaults, losses or misconduct and for his remuneration and the Bank shall incur no liability therefor by reason of its appointing him as Receiver. 7.04 A Receiver so appointed shall have power:- (a) to enter into and upon and take possession of, collect and get in the performance of all or any of the Charged Assets, exercise in respect of the Shares all voting or other terms powers or rights available to a registered and/or beneficial (as appropriate) owner of the same in such manner as he may think fit and conditions of this contractto take, the period of time involved in repossessing the Propertydefend, forfeiting this contractsettle, refer to arbitration, enforce, compromise, or in obtaining possession of the Property by judicial process could cause irreparable damage to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of abandon any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property proceedings in the name of the Purchaser Company or otherwise concerning the Company's business or any part thereof or any of the Charged Assets as he shall think necessary or expedient; (b) to carry on or authorise or concur in carrying on the business or any part of the business of the Company and to manage, conduct, reconstruct, amalgamate or diversify the business of the Company or any part thereof (including power to buy, lease or otherwise acquire, develop or improve 17 properties or other assets) without being responsible for loss or damage and do all acts and things which the Company might do in the ordinary conduct of its business or for the preservation, protection or improvement of any of the Charged Assets or any interest therein or obtaining any income or return therefrom; (c) to raise or borrow money from or incur any other liability to the Bank or others on such terms with or without security as he may think fit and so that any such security may be or include a charge on all or any part of the receiver Charged Assets ranking in priority to this security or otherwise; (d) to sell by public auction or private contract, let, surrender or accept surrenders, grant leases, tenancies or licences or otherwise dispose of or deal with all or any of the Charged Assets in such manner, for such consideration and generally on such terms and conditions as he may deem advisablethink fit, with full power to convey or otherwise transfer such Charged Assets in the name of the Company or other the estate owner. Any such consideration may be cash, debentures or other obligations, shares, stock or other consideration and may be payable immediately or by instalments spread over such period or periods as he shall think fit, and so that any consideration received or receivable shall ipso facto forthwith be and become charged with the payment and discharge of the Secured Indebtedness. Equipment, accessories and other fixtures and fittings may be severed and sold separately from any premises of the Company containing them and the Receiver may apportion any rent and the performance of any obligations affecting any premises sold without the consent of the Company; (e) to promote the formation of companies with a view to the same purchasing, leasing, licensing or otherwise acquiring interests in all or any of the Charged Assets or otherwise; 18 (f) to make such alterationsany arrangement, settlement or compromise or enter into, continue, cancel, abandon or disregard any contracts which he shall think necessary or expedient in the interests of the Bank; (g) to make and effect all repairs, renewals, alterations and improvements and to maintain, renew, take out or increase insurances with respect to any of the Charged Assets; (h) to appoint and remunerate any person for any of the purposes mentioned in this Clause 7.04 or to guard or protect the Charged Assets for such periods as he may determine and to dismiss the same; (i) to make calls conditionally or unconditionally on the members of the Company in respect of uncalled capital with the same powers of enforcing payment of any calls so made as are by the constitutional documents of the Company conferred upon the Directors thereof and to the Property exclusion of the Directors' powers in that behalf; (j) to do anything which he shall think necessary or expedient to preserve, protect, maintain or manage any of the Charged Assets; (k) to exercise all rights and powers incidental to ownership of all or any of the Charged Assets or any interest therein; (l) to sign any document, execute any deed and do all such other acts and things as may be considered to be incidental or conducive to any of the receiver may deem advisableabove matters or powers or to the realisation of this security, and to receive all rents and income therefrom and issue receipts therefor, and out use the name of the amounts that are so received to pay Company for all the above purposes; and (m) generally on behalf and at the cost of the debts and obligations for Company (notwithstanding liquidation of the Company or any event analogous thereto) to do, omit to do or cause, permit or suffer to be done or omitted anything which the Purchaser is liable hereunder prior 19 Company could do, omit, cause, permit or suffer in relation to all or during the period any part of the receivership, including, without limitation, payments on Charged Assets or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andinterest therein.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Agent or the Lenders hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Borrower not less than ten (10) days’ prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders’ and the Agent’s rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS’ AND THE AGENT’S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; andAND (III) AGREES TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. THE LENDERS AND AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 9.3 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE RIGHT OF CREDIT PARTIES TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or ------------ limiting in any way the rights of Agent or the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Credit Parties not less than ten (10) days' prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' and Agent's rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE LENDERS IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS AND THE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Administrative Agent or the Noteholders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Term B2 Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Noteholders' and Administrative Agent's rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Term B2 Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE NOTEHOLDERS' AND ADMINISTRATIVE AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE NOTEHOLDERS TO MAKE THE TERM B2 LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE NOTEHOLDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE NOTEHOLDERS AND THE ADMINISTRATIVE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER. ARTICLE IX

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lender hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Lender shall have provided to the Borrowers not less than ten (10) days’ prior written notice of its intention to apply for a receiver, the Lender shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Lender to enforce its rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE LENDER IN CONNECTION WITH THE ENFORCEMENT OF ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDER TO MAKE THE LOANS TO THE BORROWERS; andAND (III) AGREES TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE LENDER IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. THE LENDER ACKNOWLEDGES AND AGREES THAT NOTHING IN THIS SECTION 9.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE RIGHT OF CREDIT PARTIES TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Administrative Agent or the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Lenders’ and Administrative Agent’s rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS’ AND ADMINISTRATIVE AGENT’S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS AND THE ADMINISTRATIVE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES’ RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply: (a) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: (i) collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Xxxxxx, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Borrower’s materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and managing property of every kind and description; (iv) manage, operate, repair, alter or extend the PropertyLands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, be required for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. Any sums The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this Mortgage, bear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the Borrower or to any other person including without limitation, for the receiver’s remuneration, costs, charges and expenses and no appointment or removal of a receiver and no actions of a receiver shall render the Lender a mortgagee in possession of the Lands. (f) No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any part thereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: (i) all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) all interest, principal and other monies due hereunder to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (i) Save as to claims for accounting under paragraph (f) of this section 40, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Administrative Agent or the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Lenders' and Administrative Agent's rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WANE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND ADMINISTRATIVE AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS AND THE ADMINISTRATIVE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply subject to the requirements of the Conveyancing Act: (a) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: (i) collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Leases, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Borrower’s materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and managing property of every kind and description; (iv) manage, operate, repair, alter or extend the PropertyLands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, be required for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. Any sums The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this Mortgage, bear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the Borrower or to any other person including without limitation, for the receiver’s remuneration, costs, charges and expenses and no appointment or removal of a receiver and no actions of a receiver shall render the Lender a mortgagee in possession of the Lands. (f) No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any part thereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: (i) all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) all interest, principal and other monies due hereunder to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (i) Save as to claims for accounting under paragraph (f) of this section 40, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply: (a) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: (i) collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Xxxxxx, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments appliances and equipment, necessary or desirable to render the premises operable or rentable, andtake possession of and use or permit others to use all or any part of the Borrower’s materials, supplies, plans, tools, equipment (including appliances) and property of every kind and description; (iv) manage, operate, repair, alter or extend the Lands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, berequired for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this contractMortgage, Prior Encumbrancesbear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the Borrower or to any other person including without limitation, taxesfor the receiver’s remuneration, assessmentscosts, insurance premiums, utility bills, charges and cost expenses and no appointment or removal of operating, maintaining, repairing, a receiver and managing no actions of a receiver shall render the Property. Any sums Lender a mortgagee in possession of the Lands. (f) No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any partthereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: (i) all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) all interest, principal and other monies due hereunder to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (g) (h)(h) (i) Save as to claims for accounting under paragraph (f) of this section 40, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Agent or the Lenders hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Borrowers not less than five (5) days' prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' and the Agent's rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Loan Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH LOAN PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH LOAN PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND THE AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWERS; andAND (III) AGREES TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. THE LENDERS AND AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 9.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE RIGHT OF LOAN PARTIES TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of Agent or the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Credit Parties not less than ten (10) days' prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' and Agent's rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE LENDERS IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS AND THE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize and agree that in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of this contract, the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession of the Property by judicial process could cause irreparable damage to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington W ashington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who therefromwho are not then in compliance with their leases, to lease leas e any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); and

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Lenders' rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lender hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Lender shall have provided to the Borrowers not less than ten (10) days' prior written notice of its intention to apply for a receiver, the Lender shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Lender to enforce its rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL; (II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE LENDER IN CONNECTION WITH THE ENFORCEMENT OF ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDER TO MAKE THE LOANS TO THE BORROWERS; andAND (III) AGREES TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY - 58 - LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE LENDER IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. THE LENDER ACKNOWLEDGES AND AGREES THAT NOTHING IN THIS SECTION 9.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE RIGHT OF THE CREDIT PARTIES TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME.

Receivership. The parties hereto recognize Tenant acknowledges that a Catastrophic Event of Default will ------------ materially and agree that irreparably impair the value of Landlord's investment in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of this contract, the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession of the Property by judicial process could cause irreparable damage to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances--- Premises. Therefore, the Purchaser hereby expressly agrees that in the event addition to its other rights and remedies, upon a --- Catastrophic Event of any default under this contract which is not cured the Seller Default Landlord shall have the right to apply to the superior petition any --- appropriate court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 to take possession of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property--- applicable Facility, to evict tenants therefrom who are not then in compliance with their leasesmanage the operation of the Premises or applicable -- Facility, to lease any portion or collect and disburse all of rents, issues, profits and income -- generated thereby and to the Property in the name of the Purchaser on such terms as the receiver may deem advisableextent applicable and possible, to make such alterationspreserve or -- replace any affected license or provider certification for the Premises or -- applicable Facility or to otherwise substitute the licensee or provider thereof -- (the "RECEIVERSHIP"). If Landlord commences the Receivership, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be paid a reasonable fee for its services and all such fees and other expenses of the Receivership shall be paid in addition to, and not in limitation of, the Rent or Supplemental Rent otherwise due to Landlord hereunder. Tenant irrevocably consents to the Receivership upon a Catastrophic Event of Default and thus stipulates to and agrees not to contest the appointment of a receiver under such circumstances and for such purposes. REMEDIES CUMULATIVE; NO WAIVER. No right or remedy herein conferred upon or ------------------------------ reserved to Landlord is intended to be exclusive of any other right or remedy, --- and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Landlord to insist at any time upon the strict performance of any provision of this Master Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Tenant. Landlord's receipt of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a partial cure for the purpose waiver of requiring such breach, and no waiver by Landlord of any provision of this Master Lease shall be effective unless expressed in a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andwriting signed by it.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Agent or the Lenders hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Borrowers not less than five (5) days' prior written notice of its intention to apply for a receiver, the Agent shall be entitled to, at the request of the Required Lenders, apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' and the Agent's rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND THE AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWERS; andAND (III) AGREES TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. THE LENDERS AND AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 9.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE RIGHT OF CREDIT PARTIES TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lender hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Lender shall have provided to the Borrower not less than ten (10) days' prior written notice of its intention to apply for a receiver, the Lender shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Lender to enforce its rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE LENDER IN CONNECTION WITH THE ENFORCEMENT OF ITS RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDER TO MAKE THE LOANS TO THE BORROWER; andAND

Receivership. The parties hereto recognize Notwithstanding anything herein contained, it is declared and agree agreed that at any time when there shall be default under the provisions of this Mortgage, the Mortgagee may, at such time and from time to time, and with or without entry into possession of the Mortgaged Premises, or any part thereof, by instrument in writing appoint any person, whether an officer or officers or an employee or employees of the event Mortgagee or not, to be a receiver (which term, as used herein, includes a receiver manager) of default the Mortgaged Premises, or any part thereof, and of the rents and profits thereof, and with or without security, and may from time to time by the Purchaser similar writing remove any receiver and appoint another receiver, and that in making any payments such appointment or in removal, the performance Mortgagee shall be deemed to be acting as the agent or attorney for the Mortgagor, but no such appointment shall be revocable by the Mortgagor. Upon the appointment of any such receiver from time to time, the following provisions shall apply: (a) Every such receiver shall have unlimited access to the Mortgaged Premises as agent and attorney for the Mortgagor (which right of access shall not be revocable by the Mortgagor) and shall have full power and unlimited authority to: (i) collect the rent and profits from tenancies, whether created before or after this Mortgage; (ii) rent any portion of the other Mortgaged Premises which may become vacant on such terms and conditions of this contract, the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession of the Property by judicial process could cause irreparable damage to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisableconsiders advisable and enter into and execute leases, accept surrenders and terminate leases; (iii) complete the construction of any building or buildings or other erections or improvements on the Mortgaged Premises left by the Mortgagor in an unfinished state or award the same to make such alterationsothers to complete and purchase, repairs, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the Mortgaged Premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Mortgagor's materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and property of every kind and description; manage, operate, repair, alter or extend the Mortgaged Premises or any part thereof; and sell the whole or any part of the Mortgaged Premises. The Mortgagor undertakes to ratify and confirm whatever any such receiver may do in the Mortgaged Premises. (b) The Mortgagee may, at its discretion, vest the receiver with all or any of the rights and powers of the Mortgagee. (c) The Mortgagee may fix the reasonable remuneration of the receiver who shall be entitled to deduct the same out of the revenue or the sale proceeds of the Mortgaged Premises. (d) Every such receiver shall be deemed to be the agent or attorney of the Mortgagor and, in no event, the agent of the Mortgagee and the Mortgagee shall not be responsible for his acts or omissions. (e) The appointment of any such receiver by the Mortgagee shall not result in or create any liability or obligation on the part of the Mortgagee to the receiver or to the Mortgagor or to any other person and no appointment or removal of a receiver and no actions of a receiver shall constitute the Mortgagee a mortgagee in possession of the Mortgaged Premises. (f) No such receiver shall be liable to the Mortgagor to account for monies other than monies actually received by him in respect of the Mortgaged Premises, or any part thereof, and managing out of such monies so received every such receiver shall, in the Property. Any sums received following order, pay: (i) the receiver’s remuneration aforesaid; (ii) all costs and expenses of every nature and kind incurred by the receiver in excess connection with the exercise of said amounts the receiver’s power and authority hereby conferred; (iii) interest, principal and other money which may, from time to time, be or become charged upon the Mortgaged Premises in priority to this Mortgage, including Taxes; and (iv) to the Mortgagee all interest, principal and other monies due hereunder to be paid in such order as the Mortgagee, in its discretion, shall determine, and thereafter, every such receiver shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid accountable to the Purchaser without interestMortgagor for any surplus. Regardless The remuneration and expenses of the application thereof, no sums requested by or paid to the receiver shall be deemed paid by the Mortgagor on demand and shall be a partial cure charge on the Mortgaged Premises and shall bear interest from the date of demand at the Interest Rate. (g) Save as to claims for accounting under clause (f) of this paragraph 21, the Mortgagor hereby releases and discharges any such receiver from every claim of every nature, whether sounding in damages or not, which may arise or be caused to the Mortgagor or any person claiming through or under him by reason or as a result of anything done by such receiver unless such claim be the direct and proximate result of dishonesty or fraud. (h) The Mortgagee may, at any time and from time to time, terminate any such receivership by notice in writing to the Mortgagor and to any such receiver. (i) The statutory declaration of an officer of the Mortgagee as to default under the provisions of this Mortgage and as to the due appointment of the receiver pursuant to the terms hereof shall be sufficient proof thereof for the purpose purposes of requiring any person dealing with a notice of insufficient cure receiver who is ostensibly exercising powers herein provided for and such dealing shall be deemed, as regards such person, to be given valid and effectual. (j) The rights and powers conferred herein in respect of the receiver are supplemental to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Mortgagee may have.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Administrative Agent or the Noteholders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Term B2 Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Noteholders’ and Administrative Agent’s rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Term B2 Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE NOTEHOLDERS’ AND ADMINISTRATIVE AGENT’S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE NOTEHOLDERS TO MAKE THE TERM B2 LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE NOTEHOLDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE NOTEHOLDERS AND THE ADMINISTRATIVE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES’ RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Administrative Agent or the Purchasers under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Note shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Purchasers’ and Administrative Agent’s rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Notes and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE PURCHASERS’ AND ADMINISTRATIVE AGENT’S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE PURCHASERS TO MAKE THE NOTES TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE PURCHASERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE PURCHASERS AND THE ADMINISTRATIVE AGENT ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES’ RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and shall remain unpaid, and (ii) the Administrative Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Administrative Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Administrative Agent to enforce the Lenders' rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE ADMINISTRATIVE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Agent or the Lenders hereunder or under the other Loan Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Borrower not less than ten (10) days' prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' and the Agent's rights and remedies hereunder and under the other Loan Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Loan Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. TO THE EXTENT PERMITTED BY APPLICABLE LAW, at which point any remaining excess shall be paid to the Purchaser without interestEACH CREDIT PARTY HEREBY IRREVOCABLY CONSENTS TO AND WAIVES ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF A RECEIVER AS PROVIDED ABOVE. Regardless of the application thereofEACH CREDIT PARTY (I) GRANTS SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3)(II) ACKNOWLEDGES THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' AND THE AGENT'S RIGHTS AND REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; andAND

Receivership. The parties hereto recognize Receiver has been appointed as Seller’s court- appointed receiver and agree has authority to act as receiver for the Property. References to the “knowledge” of Receiver, “to Receiver’s knowledge” or similar phrases shall refer only to the actual, current knowledge of the Designated Representative (defined below), without any investigation or review of any other materials, and shall not be construed, by imputation or otherwise, to refer to the knowledge of any other officer, director, agent, manager, member, shareholder, representative or employee of Receiver or any affiliate thereof or to impose upon the Designated Representative any duty to investigate the matter to which such actual knowledge, or the absence thereof, pertains. As used herein, the term “Designated Representative” shall refer to Xxxxx Xxxxxx, as Partner of Receiver. Receiver represents and warrants to Buyer that the Designated Representative is the individual primarily responsible for overseeing management and operations of the Property and transactions related to the Property and is the individual to whom material notices relating to the Property would be forwarded in the ordinary course of business. Under no circumstances shall the Designated Representative have any personal obligations or liabilities under this Agreement or otherwise. Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of Seller for any breach of a representation, warranty or covenant arising from any matter or circumstance of which Xxxxx had actual knowledge at Closing unless any such breach is due to Seller’s intentional withholding of information from Buyer with the intent to defraud Buyer or conceal such fact or circumstances. If any of the foregoing representations is not true as of Closing as a result of a matter, event or circumstance beyond Receiver’s reasonable control, Buyer may not consider same as an event of default hereunder; but rather, in such case, Buyer may, at Buyer’s option and as Buyer’s sole and exclusive remedy, terminate this Agreement and have the Xxxxxxx Money returned by the Purchaser Escrow Agent, whereupon the parties hereto shall have no further rights, obligations or liabilities with respect to each other hereunder, except as set forth herein; provided, however, Seller shall have a reasonable time following notice from Buyer to cure any representations that are not true as of Closing, not to be less than five (5) business days, prior to Buyer’s election to terminate this Agreement. Further, notwithstanding anything contained in making this Agreement to the contrary, if, prior to Closing, Buyer obtains actual knowledge that any payments representation and/or warranty of Seller is inaccurate or in incorrect and Buyer nonetheless proceeds with Closing, Seller shall have no liability for any such inaccurate or incorrect representation or warranty, and the performance of any of same shall not be deemed a Seller default hereunder. Subject to the other preceding terms and conditions set forth in this paragraph, Seller indemnifies and holds Buyer harmless from and against any and all loss, liability, damage, injury, cost, expense (including reasonable fees and expenses of this contractattorneys, the period experts and consultants) and claims of time involved in repossessing the Propertyany kind or nature which may be paid, forfeiting this contractincurred, or asserted against Buyer in obtaining possession connection with or in any way (whether directly or indirectly) arising out of the Property or relating to any material, intentional, knowing misrepresentation or breach of warranty by judicial process could cause irreparable damage to the Seller in this Section 10, and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment as a result of a receiver under Chapter 7.60 of the Revised Code of Washington (matter, event or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairscircumstance beyond Seller’s reasonable control, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder Xxxxx did not have knowledge prior to or during Closing. This indemnity will survive the termination of this Agreement for a period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfied, at which point any remaining excess shall be paid to the Purchaser without interest. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andsixty (60) days.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply: (a) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: (i) collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Leases, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Borrower’s materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and managing property of every kind and description; (iv) manage, operate, repair, alter or extend the PropertyLands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, be required for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. Any sums The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this Mortgage, bear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the Borrower or to any other person including without limitation, for the receiver’s remuneration, costs, charges and expenses and no appointment or removal of a receiver and no actions of a receiver shall render the Lender a mortgagee in possession of the Lands. (f) No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any part thereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: (i) all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) the Indebtedness to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (g) Save as to claims for accounting under paragraph (f) of this section 37, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. (h) The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. (i) The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.

Receivership. The parties hereto recognize Without limiting the generality of the foregoing or limiting in any way the rights of the Lenders under the Collateral Documents or otherwise under applicable law, at any time after (i) the entire principal balance of any Loan shall have become due and agree that payable (whether at maturity, by acceleration or otherwise) and (ii) the Agent shall have provided to the Credit Parties not less than ten (10) days prior written notice of its intention to apply for a receiver, the Agent shall be entitled to apply for and have a receiver appointed under state or federal law by a court of competent jurisdiction in the event of default any action taken by the Purchaser Agent to enforce the Lenders' rights and remedies hereunder and under the Collateral Documents in making order to manage, protect, preserve, sell and otherwise dispose of all or any payments or in the performance of any portion of the other terms Collateral and conditions of this contract, continue the period of time involved in repossessing the Property, forfeiting this contract, or in obtaining possession operation of the Property by judicial process could cause irreparable damage business of the Credit Parties, and to collect all revenues and profits thereof and apply the same to the Seller payment of all expenses and other charges of such receivership, including the compensation of the receiver, and to the Property or the possible acceleration payment of the debts secured by Prior Encumbrances. Therefore, Loans and other fees and expenses due hereunder and under the Purchaser hereby expressly agrees that in the event Collateral Documents as aforesaid until a sale or other disposition of any default under this contract which is not cured the Seller shall have the right to apply to the superior court of the county in which the Real Property is situated for the appointment of a receiver under Chapter 7.60 of the Revised Code of Washington (or any chapter supplemental thereto) to take charge of and maintain control of, manage, farm, or operate the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease any portion or all of the Property in the name of the Purchaser on such terms as the receiver may deem advisable, to make such alterations, repairs, and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, including, without limitation, payments on or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility bills, and cost of operating, maintaining, repairing, and managing the Property. Any sums received by the receiver in excess of said amounts Collateral shall be retained by the receiver to discharge all remaining liabilities of the Purchaser under this contract until the entirety of such obligations have been satisfiedfinally made and consummated. THE CREDIT PARTIES HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY RIGHT TO OBJECT TO OR OTHERWISE CONTEST THE APPOINTMENT OF RECEIVER AS PROVIDED ABOVE. THE CREDIT PARTIES (I) GRANT SUCH WAIVER AND CONSENT KNOWINGLY AFTER HAVING DISCUSSED THE IMPLICATIONS THEREOF WITH COUNSEL, at which point any remaining excess shall be paid to the Purchaser without interest(II) ACKNOWLEDGE THAT (A) THE UNCONTESTED RIGHT TO HAVE A RECEIVER APPOINTED FOR THE FOREGOING PURPOSES IS CONSIDERED ESSENTIAL BY THE AGENT IN CONNECTION WITH THE ENFORCEMENT OF THE LENDERS' RIGHTS AND REMEDIES HEREUNDER AND UNDER THE COLLATERAL DOCUMENTS, AND (B) THE AVAILABILITY OF SUCH APPOINTMENT AS A REMEDY UNDER THE FOREGOING CIRCUMSTANCES WAS A MATERIAL FACTOR IN INDUCING THE LENDERS TO MAKE THE LOANS TO THE BORROWER; AND (III) AGREE TO ENTER INTO ANY AND ALL STIPULATIONS IN ANY LEGAL ACTIONS, OR AGREEMENTS OR OTHER INSTRUMENTS IN CONNECTION WITH THE FOREGOING AND TO COOPERATE FULLY WITH THE AGENT AND THE LENDERS IN CONNECTION WITH THE ASSUMPTION AND EXERCISE OF CONTROL BY THE RECEIVER OVER ALL OR ANY PORTION OF THE COLLATERAL. Regardless of the application thereof, no sums requested by or paid to the receiver shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given to any person under RCW 61.30.090(3); andTHE LENDERS ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS SECTION 8.2 SHALL BE DEEMED TO CONSTITUTE A WAIVER OF THE CREDIT PARTIES' RIGHT TO FILE FOR PROTECTION UNDER TITLE 11 OF THE UNITED STATES CODE AT ANY TIME PRIOR TO THE APPOINTMENT OF A RECEIVER.

Receivership. The parties hereto recognize and agree that When the Borrower is in the event of default by the Purchaser in making any payments or in the performance of any of the other terms and conditions of under this contractMortgage, the period of time involved in repossessing the PropertyLender may, forfeiting this contract, with or in obtaining without entry into possession of the Property Lands, or any part thereof, by judicial process could cause irreparable damage instrument in writing appoint, or by application to the Seller and to the Property or the possible acceleration of the debts secured by Prior Encumbrances. Therefore, the Purchaser hereby expressly agrees that in the event of any default under this contract which is not cured the Seller shall have the right to apply to the superior a court of the county in which the Real Property is situated competent jurisdiction obtain an order for the appointment of any person, as a receiver under Chapter 7.60 (which term as used herein includes a receiver manager) of the Revised Code of Washington (Lands, or any chapter supplemental theretopart thereof, and of the Rents and profits thereof, and with or without security, and may, when the appointment of the receiver is by instrument, by similar writing remove any receiver and appoint another receiver, and that in making any such appointment or removal, the Lender shall be deemed to be acting as the agent or attorney for the Borrower, but no such appointment shall be revocable by the Borrower. Upon the appointment of any such receiver the following provisions apply subject to the requirements of the Conveyancing Act: (a) The receiver shall have unlimited access to take charge the Lands (which right of access shall not be revocable by the Borrower) and maintain control of, manage, farm, or operate shall have full power and unlimited authority to: (i) collect the Property, to evict tenants therefrom who are not then in compliance with their leases, to lease Rents and profits from Leases; (ii) rent any portion or all of the Property in the name of the Purchaser Lands on such terms and conditions as the receiver may deem advisableconsiders advisable and enter into and execute Xxxxxx, to make such alterationsaccept surrenders and terminate Leases; (iii) complete the construction of any building or buildings or other erections or Fixtures on the Lands, repairspurchase, repair and improvements to the Property as the receiver may deem advisable, and to receive all rents and income therefrom and issue receipts therefor, and out of the amounts that are so received to pay all of the debts and obligations for which the Purchaser is liable hereunder prior to or during the period of the receivership, maintain any personal property including, without limitation, payments on appliances and equipment, necessary or for this contract, Prior Encumbrances, taxes, assessments, insurance premiums, utility billsdesirable to render the premises operable or rentable, and cost take possession of operatingand use or permit others to use all or any part of the Borrower’s materials, maintainingsupplies, repairingplans, tools, equipment (including appliances) and managing property of every kind and description; (iv) manage, operate, repair, alter or extend the PropertyLands or any part thereof and carry on the Borrower’s business on the Lands; (v) sell or grant options to purchase the Lands, or any part thereof, by public auction or private sale, on such terms as to credit or otherwise and with or without security as shall appear most advantageous to the receiver; (vi) rescind or vary any contract or agreement of sale or lease of the Lands; (vii) borrow such sum or sums as will, in the opinion of the receiver, be required for the purposes of carrying on the receiver’s duties and in so doing the receiver may issue receiver certificates; (viii) employ such assistants as the receiver may consider necessary for carrying out the receiver’s duties; and (ix) perform such other acts and duties and incur any other expense that, in the receiver’s opinion, will maintain, preserve or increase the value or income potential of the Lands or that is authorized by a court order appointing the receiver. Any sums The Borrower undertakes to ratify and confirm whatever the receiver may do in respect of the Lands. (b) The Lender at its discretion may vest the receiver with all or any of the rights and powers of the Lender. (c) The Lender may fix the reasonable remuneration of the receiver and such remuneration together with all costs, charges and expenses of the receiver and receiver’s borrowings, if any, required for the purposes of carrying on the receiver’s duties hereunder shall be payable immediately on demand by the Borrower, be added to the monies secured by this Mortgage, bear interest at the Interest Rate and form a charge on the Lands. (d) The receiver shall be deemed the agent or attorney of the Borrower and not of the Lender and the Lender shall not be responsible for the acts and omissions of the receiver. (e) The appointment of any receiver by the Lender shall not result in or create any liability or obligation on the part of the Lender to the receiver or to the Borrower or to any other person including without limitation, for the receiver’s remuneration, costs, charges and expenses and no appointment or removal of a receiver and no actions of a receiver shall render the Lender a mortgagee in possession of the Lands. (f) No receiver shall be liable to the Borrower to account for monies other than monies actually received by the receiver in excess respect of said amounts the Lands or any part thereof and out of such monies so received every receiver shall be retained pay in the following order the following amounts: (i) all the receiver’s remuneration, (ii) all costs, charges and expenses of every nature and kind incurred by the receiver, excluding the receiver’s borrowings, (iii) any sums borrowed by the receiver from the Lender and interest thereon as secured by receiver certificates, (iv) the Indebtedness to discharge all remaining liabilities be paid in such order as the Lender in its sole discretion shall determine, (v) any sum or sums borrowed by the receiver from any financial institution, corporation or other person other than the Lender and interest thereon as secured by receiver certificates, and (vi) any surplus, subject to the rights of other creditors, to the Borrower. (i) Save as to claims for accounting under paragraph (f) of this section 37, the Borrower hereby releases and discharges any such receiver from every claim of every nature which may arise or be caused to the Borrower or any person claiming through or under this Mortgage by reason or as a result of anything done by the receiver unless such claim is the direct and proximate result of dishonesty or fraud. The statutory declaration of an officer or agent of the Purchaser Lender as to default under the provisions of this contract until Mortgage and as to the entirety due appointment of such obligations have been satisfied, at which point any remaining excess the receiver pursuant to this Mortgage shall be paid to sufficient proof thereof for the Purchaser without interest. Regardless purposes of the application thereof, no sums requested by or paid to the any person dealing with a receiver and such dealing shall be deemed a partial cure for the purpose of requiring a notice of insufficient cure to be given valid and effectual notwithstanding any contrary assertion by the Borrower. The rights and powers conferred in this Mortgage in respect of the receiver are in addition to and not in substitution of any person under RCW 61.30.090(3); andother rights and powers which the Lender may have.