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201400400 (viii) the willful or grossly negligent material violation by Borrower of any law, ordinance, rule, or regulation applicable to Borrower or the Mortgaged Property; (ix) the termination or amendment of the Lease by Borrower in violation of the terms hereof; (x) the failure of Borrower to maintain its existence as a single asset, special purpose entity in good standing, as required by this Security Instrument (provided, however, that a breach of paragraph 20(g) or 20(n) of this Security Instrument resulting solely from the failure of Lessee to pay Fixed Rent, Additional Rent or other amounts due and payable under the Lease, shall not be considered a failure of Borrower to maintain its existence as a single asset, special purpose entity in good standing under this paragraph 51(f)(x)); (xi) Borrower fails to obtain Lender's prior written consent to any subordinate financing or other voluntary lien caused by Borrower or its agent encumbering the Mortgaged Property as required by this Security Instrument; and (xii) Borrower fails to obtain Lender's prior written consent to any Sale or Transfer if and to the extent required by this Security Instrument. Notwithstanding anything to the contrary herein, Lender may pursue personal liability of Borrower and Guarantor, and the Note shall be fully recourse to the Borrower and the Guarantor in the event that Borrower or Guarantor causes or consents to the occurrence of any one or more the of the following: (i) Borrower files a voluntary petition under the Bankruptcy Code or any other Creditors' Rights Laws; (ii) Borrower or Guarantor files, or joins in the filing of, an involuntary petition against Borrower under the Bankruptcy Code or any other any existing or future law with respect to any Person of any jurisdiction, domestic or foreign, applicable to such Person and relating to bankruptcy, insolvency, reorganization, conservatorship, arrangement, adjustment, winding -up, liquidation, dissolution, composition or other relief with respect to such Person and its debts or debtors ( "Creditors' Rights Laws "), or solicits or causes to be solicited petitioning creditors for any involuntary petition against Borrower from any Person; (iii) Borrower files an answer consenting to or otherwise acquiescing in or joining in any involuntary petition filed against it, by any other Person under the Bankruptcy Code or any other Creditors' Rights Laws, or solicits or causes to be solicited petitioning creditors for any involuntary petition from any Person; (iv) Borrower or Guarantor consents to or acquiesces in or joins in an application for the appointment of a custodian, receiver, trustee, or examiner for Borrower or any portion of the Mortgaged Property, except, with .respect to the Mortgaged Property, if requested by Lender following an Event of Default; or (v) Borrower makes an assignment for the benefit of creditors. Notwithstanding anything to the contrary in this Security Instrument, the Note or any other Loan Documents, Lender shall not be deemed to have waived any right which Lender may have under § §506(a), 506(b), 1111(b) or any other provisions of the Bankruptcy Code to file a claim for the full amount of the Debt secured by this Security Instrument or to require that all collateral shall continue to secure all of the Debt owing to Lender. 52. GOVERNING LAW; SUBMISSION TO JURISDICTION. THIS SECURITY INSTRUMENT SHALL BE GOVERNED BY AND CONSTRUED IN - 66 -