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� 201504441 <br /> (c) Nothing in this Section shall be construed to be an assumption by the Person exercising the <br /> rights under this Section, or to otherwise make such Person liable for the performance, of any of the <br /> obligations of Trustor under the Lease. <br /> 19. ACCELERATION IN CASE OF SORROWER'S INSOLVENCY. If Borrower sha11 <br /> voluntarily file a petition under the United States Bankruptcy Code, as such Code may from time to time be <br /> amended, or under any similar successor federal statute relating to bankruptcy, insolvency, arrangements or <br /> reorganizaiions, or under any state bankruptcy or insolvency act, or file an answer in an involuntary <br /> proceeding adrnitting insolvency or inability to pay debts, or if Borrower sha11 fail to obtain a vacation or stay <br /> of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower within sixty <br /> (60) days from the commencement of such proceedings, or if Borrower shall be adjudged a ba�l�upt, or if a <br /> trustee or receiver shall be appointed for Borrower or Borrower's property, or if the Real Property shall <br /> become subject to the jurisdiction of a federal baukniptcy court or similar state court, or if Borrower shall <br /> make an assigxunent for the benefit of Borrower's creditors, or if there is an attachment, execution or other <br /> judicial seizure of any portion of Borrower's assets and such seizure is not discharged within ten (10) days, <br /> then Lender may, at Lender's option, declare all of the sums secured by this Insmzment to be immediately due <br /> and payable without prior notice to Borrower, and Lender may invoke any remedies perxnitted by this <br /> Instrument. Furthermore,Lender shall be entitled to relief from any automatic stay imposed by Section 362 of <br /> Tifle 11 of the U.S_ Code, as amended, on or against the exercise of the rights and remedies otherwise <br /> available to Lender, and Borrower hereby waives the benefits of such automatic stay and consents and agrees <br /> to raise no objection to such relief. Any attorneys' fees and other expenses incurred by Lender in connection <br /> with Borrower's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower <br /> secured by this Instrument pursuant to the tern�s hereof. <br /> 20. TRANSFERS OF THE PROPE�TY OR BENEFICIAL INTEREST5 IN BORROWER. <br /> If Borrower sells, exchanges, conveys, alienates, assigns, disposes of, encumbers, pledges or transfers all or <br /> any portion of the Rea1 Property (except as hereinafter provflded), or if Borrower executes any agreement or <br /> contract creating any right to or any equitable interest in the title to the Real Property or any part thereof, or <br /> executes any agreement or contract granting a possessory righC in the Real Property ar any part thereof <br /> (including, without limiting the generality of the foregoing, outright conveyance, conveyance or alienation by <br /> land installment contract or contract for deed, alienation by lease or rental agreement with an option to <br /> purchase, and tl�e granting of deeds of txust, mortgages, liens, and security interests subordinate to this <br /> Instrument), or if all or any part of any ownership interest in Borrower of whatever nature whatsoever is sold, <br /> exchanged, conveyed, alienated, assigned, disposed of, encumbered, pledged or transferred, then at Lender's <br /> option the amount owing under the Loan Agreement and all of the sums secured by this Instrument shall be <br /> immediately and automatically due and payable in full, and Lender may invoke any remedies permitted by law <br /> and/ar this Instrument. The conveyance or transfer of Borrower's interest in the Real Property or any interest <br /> in Borrower as a result of foreclosure of a subordinate lien or a security interest or a transfer by operation of <br /> law (except as otherwise provided below) shall co�nstitute a sale or transfer subject to this parab aph. The <br /> foregoing acceleration sha11 not apply in case of an}r lease, sale,transfer or similar transaction permitted under <br /> the Loan Agreement. <br /> Should Borrower request that Lender not exercise the right to accelerate the amount owing under the <br /> Loan Agreement and the other indebtedness secured hereby, Lender may withhold consent in its sole <br /> discretion and, if approved, may impose certain condilions as consideration far such agreeinent not to <br /> accelerate, including, without limiting the generality of the foregoing, any or all of the terms set forth under <br /> the Loan Agreement and other Loan Documents. Inasmuch as the loans made to Borrower under the Loan <br /> Agreement were based in part on the financial and management responsibility and experience of Borrower, it <br /> is specifically understood and agreed that Lender's consent may be given or withheld by Lender in the <br /> exercise of its sole discretion, and failure to receive such consent prior to any such transfer or conveyance or <br /> attempt thereafter shall be deemed a breach hereof. Should Lender forbear from accelerating the payment of <br /> the amount owing under the Loan Agreement and the other indebtedness secured hereby by reason of any of <br /> the foregoing,the assignee of Borrower shall be deemed to have assumed and agreed to pay the amount owing <br /> under the Loan Agreement and the other indebtcdness secured hereby and be bound by the terms hereof, <br /> whether or not the instrument evidencing such sale or transfer expressly so provides, and this covenant shall <br /> run with the Real ProPerty and remain in full force and effect until the entire amount owing under the Loan <br /> Agreement and the other indebtedness secured hereby is paid or discharged in full. Upon the occurrence of <br /> any of the foregoing events and consent thereto having not been given by Lender, the mere fact of a lapse of <br /> time or the acceptance of payxnents subsequent to any of such events sha11 not be deemed a waiver of Lender's <br /> right to make such election, nor shall Lender be estopped therefrom by virtue thereof. Borrower shall be <br /> required to notify Lender upon the occurrence of any of the events affecting title as above-described, and <br /> failure to do so shall constitute a default hereunder. No sale of the Real Property, assumption or other event <br /> specified above and approved by Lender shall operate to release or affect the original liability of Borrower, <br /> either in whole or in part,unless Borrower is expressly released in writing by Lender. <br /> 21. ACCELERATION;REMEDIES. <br /> 9 <br />