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201400400
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 3:16:30 PM
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DEEDS
Inst Number
201400400
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201400400 <br />(a) Upon the occurrence and during the continuation of any Event of Default, Lender may <br />take such action, without notice or demand, as it deems advisable to protect and <br />enforce its rights against Borrower and in and to the Mortgaged Property, including, <br />but not limited to, the following actions, each of which may be pursued concurrently or <br />otherwise, at such time and in such order as Lender may determine, in its sole <br />discretion, without impairing or otherwise affecting the other rights and remedies of <br />Lender: <br />(i) declare the entire Debt (including the Prepayment Consideration, if payable <br />under the terms hereof or of the other Loan Documents) to be immediately due <br />and payable; <br />(ii) institute proceedings for the complete foreclosure of this Security Instrument, as <br />may be permitted by applicable laws, in which case the Mortgaged Property or <br />any interest therein may be sold for cash or upon credit in one or more parcels <br />or in several interests or portions and in any order or manner; <br />(iii) with or without entry, to the extent permitted and pursuant to the procedures <br />provided by applicable law, institute proceedings for the partial foreclosure of <br />this Security Instrument for the portion of the Debt then due and payable, <br />subject to the continuing lien of this Security Instrument for the balance of the <br />Debt not then due; <br />(iv) to the extent permitted by applicable law sell for cash or upon credit the <br />Mortgaged Property or any part thereof and all estate, claim, demand, right, title <br />and interest of Borrower therein and rights of redemption thereof, pursuant to <br />power of sale or otherwise, at one or more sales, as an entity or in parcels, at <br />such time and place, upon such terms and after such notice thereof as may be <br />required or permitted by law; <br />(v) institute an action, suit or proceeding in equity for the specific performance of <br />any covenant, condition or agreement contained herein or in the Note; <br />(vi) to the extent permitted by applicable law and subject to paragraph 51 hereof, <br />recover judgment on the Note (and the New Note, if applicable) either before, <br />during or after any proceedings for the enforcement of this Security Instrument; <br />(vii) to the extent permitted by applicable law and subject to Lessee's rights under <br />the Lease (if still in effect) apply for the appointment of a trustee, receiver, <br />liquidator or conservator of the Mortgaged Property, without notice and without <br />regard for the adequacy of the security for the Debt and without regard for the <br />solvency of the Borrower, any guarantor or of any person, firm or other entity <br />liable for the payment of the Debt; <br />(viii) to the extent permitted by applicable law and subject to Lessee's rights under <br />the Lease (if still in effect and provided that no Lease Default then exists), enter <br />into or upon the Mortgaged Property, either personally or by its agents, <br />servicers, nominees or attorneys and dispossess Borrower and its agents and <br />- 47 - <br />
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