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- 52 - 201400400 .behalf any financing or other statements signed only by Lender, as secured party, in connection with the Collateral; provided, however, that such power of attorney shall only be exercised during the existence of an Event of Default hereunder. To the extent permitted by applicable law, this Security Instrument shall be effective as a financing statement filed as a fixture filing with respect to all of the Mortgaged Property which is or is to become fixtures. The name of the record owner of the real property is that of the Borrower herein. The name and address of the Borrower, as Debtor, and Lender, as Secured Party are as set forth on Schedule A and on page 1 hereof. 28. Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding which Lender, in its discretion, decides should be brought to protect its interest in the Mortgaged Property (which action or proceeding may be brought in the name and on behalf of Borrower upon the occurrence and during the continuation of an Event of Default hereunder). Lender shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security for the payment of the Debt. 29. Waiver of Counterclaim. All amounts due under this Security Instrument, the Note (and the New Note, if applicable) and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding brought against it by Lender. 30. Recovery of Sums Required to Be Paid. Subject to the provisions of paragraph 51 hereof, Lender shall have the right from time to time, to the extent permitted by applicable law, to take action to recover any sum or sums which constitute a part of the Debt as the same become due, without regard to whether or not the balance of the Debt shall be due, and without prejudice to the right of Lender thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Borrower existing at the time such earlier action was commenced. 31. Marshalling and Other Matters. Borrower hereby waives, to the extent permitted by law, the benefit of all appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Mortgaged Property or any part thereof or any interest therein. Further, Borrower hereby expressly waives any and all rights of redemption from sale under any order or decree of foreclosure of this Security Instrument on behalf of Borrower, and on behalf of each and every person acquiring any interest in or title to the Mortgaged Property subsequent to the date of this Security Instrument and on behalf of all persons to the extent permitted by applicable law. 32. Hazardous Waste and Other Substances. (a) Except as otherwise disclosed by those certain environmental assessment reports with respect to the Mortgaged Property, which reports were furnished to Lender by or on behalf of Borrower prior to the date hereof (collectively, the "Environmental Report"),