10-25-01 4. SUBORDINATE COMBO MORTG, SECURITY AGREE,FIXTURE FINANC STATE.ASSIGN OF LEASES AND RENTS

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and all who may claim through or under it, hereby waives, to the extent that it lawfully may do so, the benefit of all such laws and all right of appraisement and redemption to which it may be entitled under the laws of the State in which it is situated. (j) Any sale made under the power of sale granted hereby or under judgment or decree in any judicial proceedings for foreclosure or otherwise for the enforcement of this Mortgage or the Indenture shall, if and to the extent then permitted by law, operate to divest all right, title, interest, claims and demand whatsoever, either at law or in equity, of the Mortgagor of, in and to the property so sold, and be a perpetual bar both at law and in equity against the Mortgagor and against any and all persons, firms or corporations claiming or who may claim the property sold, or any part thereof, from, through or under the Mortgagor. 7. Possession of Mortgagor. Unless a Default on the part of the Mortgagor shall exist under the Loan Agreement or an Event of Default shall exist under the Loan Agreement or the Indenture, the Mortgagor shall be entitled to the possession and disposition of the Mortgaged Property and the Revenues and Income thereof subject, however, to the rights of the Trustee to the possession and disposition of the funds and accounts provided for in the Loan Agreement and the Indenture. 8. Further Assurances. As provided in the Loan Agreement, the Mortgagor shall execute, deliver, file and record at its expense such supplements to this Mortgage, financing statements or other documents as may be required in the opinion of counsel, including(without limitation) any supplement to this Mortgage to particularly describe any properties which have been or are intended to become subject to the lien hereof. 9. Amendments. This Mortgage may be amended only as provided in the Loan Agreement and Indenture. 10. Loan Agreement and Indenture Control. Any provision in this Mortgage which is inconsistent with the Loan Agreement or the Indenture or any provision thereof shall be interpreted as if such provision were not contained herein and as if the provisions of the Loan Agreement and the Indenture had been fully incorporated herein. In all cases of inconsistency, and in case of any amendment to or supplement to the Loan Agreement or the Indenture, entered into in accordance with the provisions thereof, the provisions of the Loan Agreement(as amended and supplemented) and the Indenture (as amended and supplemented) shall control. Reference is hereby made to copies of the Loan Agreement and the Indenture to be placed on file at the offices of the Mortgagor and the Trustee. 11. Assignment of Mortgage to Trustee; No Recourse to City. Pursuant to that certain Assignment of Mortgage, dated as of November 1, 2001 (the