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or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, <br />shall be filed by or against, consented to, or acquiesced in, by Borrower or if any <br />proceeding for the dissolution or liquidation of Borrower shall be instituted; however, <br />if such appointment, adjudication, petition or proceeding was involuntary and not <br />consented to by Borrower upon the same not being discharged, stayed or dismissed <br />within sixty (60) days; <br />(j) if the Mortgaged Property or any part thereof is taken on execution or other process of <br />law in any action against Borrower other than a condemnation proceeding; <br />(k) if the holder of any lien or security interest on the Mortgaged Property (without <br />implying the consent of Lender to the existence or creation of any such lien or security <br />interest), whether superior or subordinate to this Security Instrument or any of the <br />other Loan Documents, declares a default and such default is not cured within any <br />applicable grace or cure period set forth in the applicable document or such holder <br />institutes foreclosure or other proceedings for the enforcement of its remedies <br />thereunder; <br />(1) subject to the provisions of paragraph 4(b) hereof, if the Mortgaged Property becomes <br />subject to any mechanic's, materialmen's or other lien (other than for local real estate <br />taxes or assessments which are not then due and payable) and such lien shall remain <br />undischarged of record (by payment, bonding or otherwise) for a period of sixty (60) <br />calendar days after Borrower's actual knowledge thereof; <br />subject to the rights of Lessee to contest same as set forth in the Lease, if Borrower <br />fails to cure, or fails to take commercially reasonable actions to enforce Lessee's <br />obligations to cure, promptly any violations of laws or ordinances affecting the <br />Mortgaged Property; <br />(n) if Borrower fails to (i) permit on -site inspections of the Mortgaged Property (subject to <br />the terms of the Lease, provided that no default beyond any applicable notice and/or <br />cure period then exists under the Lease), or (ii) provide the financial information <br />required pursuant to paragraph 15 hereof, and such breach or default continues for ten <br />(10) days after written notice thereof from Lender; <br />(o) if Borrower shall default in the observance or performance of any other term, covenant <br />or condition of the Note, this Security Instrument or any of the other Loan Documents, <br />and Borrower shall fail to remedy or cause to be remedied such default within thirty <br />(30) days after notice by Lender to Borrower of such default, or if such default is of <br />such a nature that it cannot with due diligence be cured within said thirty (30) day <br />period, and Borrower shall not commence or cause to be commenced within said thirty <br />(30) days, or shall not thereafter diligently prosecute, or cause to be prosecuted, to <br />completion, all steps necessary to cure such default within a reasonable period of time; <br />subject to paragraph 23(c) hereof, if any Event of Default under the Lease ( "Lease <br />Default ") shall occur, provided that no Event of Default under the Loan Documents <br />shall be deemed to exist as a result of this paragraph (p) until Borrower has received <br />(m) <br />(P) <br />- 44 - <br />201400400 <br />