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20120�5�ti (�) Property; (c) (d) failed to pay. entering upon the Mortgaged Property to make repairs or secure the Mortgaged obtaining (or force-placing) the insurance required by the Loan Documents; and paying any amounts required under any of the Loan Documents that Borrower has Any amounts so disbursed or paid by Lender shall be added to, and become part of, the principal balance of th� Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. 'The provisions of this Section 4 shall not be deemed to obligate or require Lender to incur any expense or take any action. 5. No Other Indebtedness and Mezzanine Financing. Other than the Mortgage Loan and Permitted Equipment Financing, Borrower shall not incur or be obligated at any time with respect to any loan or other indebtedness in connection with or secured by the Mortgaged Property. Neither Borrower nor any owner of Borrower shall (a) incur any "me��anine debt," secured or unsecured, or issue any preferred equity that is secured by a pledge of the ownership interests in Borrower or by a pledge of the cash flows of Borrower to the extent the Transfer of the underlying ownership interests is otherwise prohibited by the Loan Agreement, or (b) incur any similar Indebtedness or equity with respect to the Mortgaged Property or ownership interest in Borrower or any owner of Key Principal or Guarantor that is secured by a pledge of the cash flows of Borrower to the extent the Transfer of the underlying ownership interests is otherwise prohibited by the Loan Agreement. 6. Default; Acceleration; Remedies. (a) From and after the occurrence of an Event of Default, Lender, at its option, may declare the Indebtedness to be immediately due and payable without further demand, and may either with or without entry or ta.king possession as herein provided or otherwise, proceed by suit or suits at law or in equity or any other appropriate proceeding or remedy (1) to enforce payment of the Mortgage Loan; (2) to foreclose this Security Instrument judicially or non-judicially by the power of sale granted herein; (3) to enforce or exercise any right under any Loan Document; and (4) to pursue any one (1)or more other remedies provided in this Security Instrument or in any other Loan Document or otherwise afforded by applicable law. Each right and remedy provided in this 5ecurity Instrument or any other Loan Document is distinct from all other rights or remedies under this Security Instrument or any other Loan Document or otherwise afForded by applicable law, and each shall be cumulative and may be exercised concurrently, independently, or successively, in any order. Borrower has the right to bring an action to assert the nonexistence of an Event of Default or any other defense of Borrower to acceleration and sale. Fannie Mae Multifamily Security Instrument Form 6025.NE Page 11 Nebraska O1-11 OO 2011 Fannie Mae