- 31 -
<br />201400400
<br />17. Further Acts, etc. Borrower will, at the cost of Borrower, and without expense to Lender,
<br />do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances,
<br />mortgages, assignments, notices of assignment, transfers and assurances as Lender shall,
<br />from time to time, reasonably require, for the better assuring, conveying, assigning,
<br />transferring, and confirming unto Lender the property and rights hereby mortgaged, given,
<br />granted, bargained, sold, alienated, enfeoffed, conveyed, confirmed, pledged, assigned and
<br />hypothecated or intended now or hereafter so to be, or which Borrower may be or may
<br />hereafter become bound to convey or assign to Lender, or for carrying out the intention or
<br />facilitating the performance of the terms of this Security Instrument or for filing, registering
<br />or recording this Security Instrument. Borrower, on demand, will execute and deliver and
<br />hereby authorizes Lender to execute in the name of Borrower or without the signature of
<br />Borrower to the extent Lender may lawfully do so, one or more Uniform Commercial Code
<br />financing statements, chattel mortgages or other instruments, to evidence more effectively
<br />the security interest of Lender in the Mortgaged Property. Borrower grants to Lender an
<br />irrevocable power of attorney coupled with an interest for the purpose of exercising and
<br />perfecting any and all rights and remedies available to Lender at law and in equity,
<br />including, without limitation, such rights and remedies available to Lender pursuant to this
<br />paragraph 17; provided, however, that such power of attorney shall only be exercised during
<br />the existence of an Event of Default hereunder.
<br />18. Recording of Security Instrument, etc. Borrower forthwith upon the execution and delivery
<br />of this Security Instrument and thereafter, from time to time (but only upon request of
<br />Lender), will cause this Security Instrument, and any security instrument creating a lien or
<br />security interest or evidencing the lien hereof upon the Mortgaged Property and each
<br />instrument of further assurance to be filed, registered or recorded in such . manner and in
<br />such places as may be required by any present or future law in order to publish notice of and
<br />fully to protect the lien or security interest hereof upon, and the interest of Lender in, the
<br />Mortgaged Property. Borrower will pay all filing, registration or recording fees, and all
<br />expenses incident to the preparation, execution and acknowledgment of this Security
<br />Instrument, any mortgage supplemental hereto, any security instrument with respect to the
<br />Mortgaged Property and any instrument of further assurance, and all federal, state, county
<br />and municipal, taxes, duties, imposts, assessments and charges arising out of or in
<br />connection with the execution and delivery of this Security Instrument, any mortgage
<br />supplemental hereto, any security instrument with respect to the Mortgaged Property or any
<br />instrument of further assurance, except where prohibited by law so to do. Borrower shall
<br />hold harmless and indemnify Lender, its successors and assigns, for, from and against any
<br />liability incurred by reason of the imposition of any tax on the making and recording of this
<br />Security Instrument.
<br />19. Prepayment: Substitution of Collateral.
<br />(a) The Debt may not be prepaid except as described below and except in connection with
<br />a termination of the Lease as a result of a Termination Casualty (as defined in the
<br />Lease) in accordance with paragraph 3(g) hereof, in connection with the acceptance or
<br />rejection of a Rejectable Offer as a result of a Major Condemnation (as defined in the
<br />Lease) in accordance with paragraph 6(c) hereof, in connection with the application of
<br />Net Award against the Debt as provided in paragraphs 3(e), 6(a) and 6(b) hereof, in
<br />
|