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(q)
<br />201400400
<br />notice of the Lease Default and has failed to cause Lessee to cure same within the time,
<br />if any, provided by the Lease, and in no event shall an Event of Default exist hereunder
<br />by reason of a breach of the Lease by Lessee until such breach has become an Event of
<br />Default thereunder;
<br />if the Lease is canceled, terminated, abridged, modified or surrendered (other than as
<br />provided in the Lease) without the prior written consent of Lender; and
<br />(r) if a receiver, liquidator or trustee of Lease Guarantor shall be appointed or if Lease
<br />Guarantor shall be adjudicated a bankrupt or insolvent, or if any petition for
<br />bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any
<br />similar federal or state law, shall be filed by or against, consented to, or acquiesced in,
<br />by Lease Guarantor or if any proceeding for the dissolution or liquidation of Lease
<br />Guarantor shall be instituted; however, if such appointment, adjudication, petition or
<br />proceeding was involuntary and not consented to by Lease Guarantor upon the same
<br />not being discharged, stayed or dismissed within ninety (90) days.
<br />22. Default Interest. Upon the occurrence of any Event of Default, Borrower shall pay interest
<br />on the unpaid principal balance of the Note at the Default Rate (as defined in the Note). The
<br />Default Rate shall be computed from the occurrence of the Event of Default until the earlier
<br />of the cure of such default or the actual receipt and collection of the Debt. This charge shall
<br />be added to the Debt, and shall be deemed secured by this Security Instrument. This clause,
<br />however, shall not be construed as an agreement or privilege to extend the date of the
<br />payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by
<br />reason of the occurrence of any Event of Default. If the Default Rate is above the maximum
<br />rate permitted by applicable law, the Default Rate shall be the maximum rate permitted by
<br />applicable law.
<br />23. Right to Cure Defaults.
<br />(a) Subject to the rights of the Lessee under the Lease (provided that no Lease Default
<br />then exists), upon the occurrence and during the continuance of any Event of Default,
<br />Lender may (itself or by its agents, employees, contractors, engineers, architects,
<br />nominees, attorneys or other representatives), but without any obligation to do so and
<br />without notice to or demand on Borrower and without releasing Borrower from any
<br />obligation hereunder or curing or being deemed to have cured any default hereunder,
<br />make or do the same in such manner and to such extent as Lender may deem necessary
<br />to protect the security hereof. Subject to the rights of the Lessee under the Lease
<br />(provided that no Lease Default then exists), Lender (and its agents, employees,
<br />contractors, engineers, architects, nominees, attorneys or other representatives) are
<br />authorized to enter upon the Mortgaged Property for such purposes and Lender is
<br />authorized to appear in, defend, or bring any action or proceeding reasonably necessary
<br />to protect Lender's interest in the Mortgaged Property or to foreclose this Security
<br />Instrument or collect the Debt, and the cost and expense thereof (including, without
<br />limitation, the Prepayment Consideration, if any, and reasonable attorneys' fees and
<br />disbursements to the extent permitted by law), with interest as provided in this
<br />paragraph 23, shall constitute a portion of the Debt and shall be due and payable to
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