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any part or parts thereof in such parcels and for such periods and on such terms as to it may seem fit, including leases for terms expiring after the maturity of the indebtedness hereby secured, and may terminate and lease for any cause which would entitle Borrower and /or the City to terminate it. After deducting the expenses of managing and operating the same and all maintenance, repairs, replacements and alterations and all payments which may be made for taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property or any part thereof, including fair and reasonable compensation for attorneys and for agents employed by the Agency to manage and operate the Property, the Agency may apply any and all remaining funds to the payment of the indebtedness hereby secured in such order and proportion as the Agency may determine. Neither application of said amounts to such indebtedness nor any other action taken by the Agency under this subparagraph shall cure or waive any default hereunder or nullify the effect of any such notice of default or invalidate any act done pursuant to such notice or any cause of action to foreclose this Deed of Trust. The right to enter and take possession of the Property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. The Agency shall be liable to account only for such rents, royalties, issues, accounts and profits actually received by it. 5.10 Attorney's Fees. If Trustee or the Agency shall be made parties to or shall intervene in any action or proceeding affecting the Property or the title thereto or the interest of Trustee or the Agency under this Deed of Trust, or if the Agency employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Agency shall be reimbursed by Borrower and /or the City, immediately and without demand, for all reasonable costs, charges and attorney's fees incurred by them or either of them in any such case whether or not suit be commenced, and the same, together with interest thereon from the date of payment at the rate of ten percent (10 %) per annum or, if lesser, at the maximum rate permitted by law, shall be secured hereby as provided in paragraph 4.6. 5.11 Exercise of Remedies; Delay. No exercise of any right or remedy by the Agency or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Agency or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. CHFA 52P(RIDGE VIEW /SECOND) -9- 12/19/89 Q02253