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FOREVER DEFEND the title to the Borrower's interest in the Mortgaged Property unto Lender and its successors, substitutes and assigns. 5. Notwithstanding the foregoing, for purposes of paragraphs 25(a) -(f), the term "Mortgaged Property" shall not include property susceptible to mortgage under Article 3286 of the Louisiana Civil Code (as the same may be amended from time to time). 6. The following subsections are added to paragraph 25 of this Security Instrument: (g) 2 01400400 For purposes of Sections 25(g) -(j), the term Mortgaged Property shall include only such Mortgaged Property which is susceptible to mortgage under Article 3286 of the Louisiana Civil Code (as the same may be amended from time to time). (h) Remedies. If an Event of Default occurs, Lender may, at Lender's election, exercise any or all of the following rights, remedies and recourses: (i) Acceleration. Declare the Debt to be immediately due and payable, without further notice, presentment, protest, notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever (each of which hereby is expressly waived by Borrower), whereupon the same shall become immediately due and payable. (ii) Operation of Mortgaged Property. Hold, lease, develop, manage, operate or otherwise use the Mortgaged Property upon such terms and conditions as Lender may deem reasonable under the circumstances (making such repairs, alterations, additions and improvements and taking other actions, from time to time, as Lender deems necessary or desirable), and apply all Rents and other amounts collected by Lender in connection therewith in accordance with the Loan Documents. (iii) Foreclosure and Sale. Borrower agrees that upon the occurrence of any Event of Default, or at any time thereafter, Lender may cause the Mortgaged Property, or any part or parts thereof, to be seized and sold, whether in term of court or in vacation, under executory or ordinary process, at Lender's sole option, without appraisement, appraisement being hereby expressly waived, as an entirety or in parcels as Lender may determine, to the highest bidder for cash, and otherwise exercise the rights, powers and remedies afforded herein and under applicable Louisiana law. Any and all declarations of fact made by authentic act before a Notary Public in the presence of two witnesses by a person declaring that such facts lie within his knowledge shall constitute authentic evidence of such facts for the purpose of executory process. Borrower specifically agrees that such an affidavit by a representative of - 99 -