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201400400 <br />(i) Borrower agrees that Lender may exercise any right or remedy hereunder <br />or under any of the Loan Documents without the necessity of resorting to or exhausting any <br />security or collateral conveyed or assigned by Borrower or any of the Other Borrowers or any <br />guarantor of any of the Debt. Borrower hereby waives any right it may now or hereafter have to <br />require Lender to proceed against any of the Other Borrowers, to proceed against any guarantor <br />of any of the Debt, to foreclose any lien on any real or personal property collateral conveyed or <br />assigned to Lender by Borrower or any of the Other Borrowers, to exercise any right or remedy <br />under the Loan Documents, to draw upon any letter of credit issued in connection with any of the <br />Debt, or to pursue any other remedy or to enforce any other right under the Loan Documents. <br />14. The following new subsection 32(g) is hereby added to this Security <br />Instrument as follows: <br />(g) Without limiting any of the remedies provided in the Loan Documents, <br />Borrower acknowledges and agrees that the provisions of paragraph 32 of this Security <br />Instrument are environmental provisions (as defined in Section 736(0(2) of the California Code <br />of Civil Procedure) made by the Borrower relating to the real property security (the <br />"Environmental Provisions "). Borrower 's breach or a failure to comply with the Environmental <br />Provisions shall constitute a breach of contract entitling Lender to pursue all remedies provided <br />under Section 736 of the California Code of Civil Procedure ( "Section 736 ") for the recovery of <br />damages and for the enforcement of the Environmental Provisions, subject, however, to the <br />provisions of paragraph 51 of this Security Instrument. Pursuant to Section 736, Lender 's action <br />for recovery of damages or enforcement of the Environmental Provisions shall not constitute an <br />action within the meaning of Section 726(a) of the California Code of Civil Procedure or <br />constitute a money judgment for a deficiency or a deficiency judgment within the meaning of <br />Section 580a, 580b, 580d, or 726(b) of the California Code of Civil Procedure. Other than the <br />remedy provided under Section 736, all remedies provided for by the Loan Documents are <br />separate and distinct causes of action that are not abrogated, modified, limited or otherwise <br />affected by the remedies provided under Section 736(a) of the California Code of Civil <br />Procedure. <br />Instrument: <br />15. The following provisions are hereby fully incorporated into this Security <br />Borrower has read and hereby approves the Note, this Security Instrument, the <br />other Loan Documents and all other agreements and documents relating thereto. Borrower <br />acknowledges that it has been represented by counsel of its choice to review this Security <br />Instrument, the Note, the other Loan Documents and all other documents relating thereto and <br />said counsel has explained and Borrower understands the provisions thereof, or that Borrower <br />has voluntarily declined to retain such counsel. <br />Borrower hereby expressly waives diligence, demand, presentment, protest and <br />notice of every kind and nature whatsoever (unless as otherwise required under this Security <br />Instrument) and waives any right to require Lender to enforce any remedy against any guarantor, <br />endorser or other person whatsoever prior to the exercise of its rights and remedies hereunder or <br />otherwise. Borrower waives any right to require Lender to: (i) proceed or exhaust any collateral <br />security given or held by Lender in connection with the Debt; (ii) give notice of the terms, time <br />