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Instrument or the other Loan Documents or in the Mortgaged Property, or any other collateral given by Borrower pursuant to this Security Instrument and the other Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Borrower and/or the Released Parties only to the extent of Borrower's interest in the Mortgaged Property and in any other collateral given to Lender, and Lender, by accepting this Security Instrument, the Note and the other Loan Documents, agrees that it shall not sue for, seek or demand any deficiency judgment against Borrower or any of the Released Parties in any such action or proceeding under, or by reason of, or in connection with this Security Instrument, the Note or the other Loan Documents. The provisions of this paragraph shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by this Security Instrument, the Note or any of the other Loan Documents; (b) impair the right of Lender to name Borrower as a party defendant in any action or suit for foreclosure and sale under this Security Instrument; (c) affect the validity or enforceability of any guaranty made in connection with the Debt or any of the rights and remedies of the Lender thereunder; (d) impair the right of Lender to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment; or (f) constitute a waiver of the right of Lender to enforce the liability and obligation of Borrower, by money judgment or otherwise, to the extent of any loss, damage, cost, expense, Iiability, claim or other obligation incurred by Lender (including attorneys' fees and costs reasonably incurred) arising out of or in connection with the following: (i) 201400400 the failure of Borrower to account for Lessee's security deposits, if any, or any other similar payment collected from Lessee by Borrower under the Lease; (ii) after notice of an uncured Event of Default and during the continuance of such Event of Default, the failure of Borrower to apply 100% of any and all net income (i.e., after payment of operating expenses relating to the Mortgaged Property) derived from the Mortgaged Property (excluding Excepted Rights and Excepted Payments), and received by Borrower, to the repayment of the Note; (iii) a material misrepresentation made by Borrower, or the holders of beneficial or ownership interests in Borrower, in connection with the financing evidenced by the Note, this Security Instrument or the other Loan Documents; (iv) any attempt by Borrower to divert or otherwise cause to be diverted any amounts payable to Lender for the benefit of Lender in accordance with the Loan Documents; (v) the misappropriation or misapplication of insurance or condemnation proceeds obtained by Borrower relating to the Mortgaged Property; (vi) any environmental matter(s) affecting the Mortgaged Property which is introduced or caused by Borrower or the beneficial owner of Borrower; (vii) any waste of or damage to the Mortgaged Property caused by the willful or wanton acts or omissions of Borrower or its agents;