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� 2� 1 ��835 Borrower vvi11 �ay the ta�, With �nterest and penalties there�n, if any. If Lender is ad�ised by c�unsel �hoser� by �t that the payment �f tax by Indiv�dua� Borrnwer wou�d �e un�awfu� or taxab�e to Lender or unenf�rceab�e �r pravide the basis far a defens� �f usury then Lender sha�� have the optiar� by wr�tten notice �f not less than �n� hundred twenty �12�} da�s t� dec�are the Debt�mmedia�e�y due and payable. (b} Indivxdual Borr�vver wil� n�t c�aim or demand or be entitled to any �redit or credits on ac��unt �f the Debt far any part of the Taxes or �ther �har�es assess�d against the Property, or any part thereaf, and no deduct��n shal� oth�rw�se be mad� or claimed from the assessed �a1ue of the Property, �r any part thereof, for rea� esta.te tax purposes by reas�n of this S�curity Instrument ar the De�t. If su�h claim, credit ar deducti�n shal� be requ�red by �aw, Lender sha�� have the �ption, by wr�tten not�ce of not�ess than one hundred twenty (12�} days,to dec�are the Debt imm�d�ately due and payable. �c} If at any time the Un�ted Stat�s of America, any State thereof ar any subdiv�sion of any such State sha�i require revenue �r oth�r stamps to be affix�d to the Note, this Secur�ty Instrument, or any of the other Loan Documents or �mpose an� other tax or �harge �n the same, Individual Borr�wer w��pay for the same, vv�th�nt�rest and p�na�ties thereon� if any. Section 5.4 Sev�rin� �f Securit_y Instrument. The provisions of Sect�on 8.2�c} of the Loan Agreement are hereby ��c�rporated here�n by reference. ARTI�LE 5 - TRANSFERS Sect��n 6.1 Lender Re1�a�ce. Indiv�dual Borrow�r acknow�edg�s that L�nder has exam�ned and re�ied on the e�perience of Borrower and its general par�ners, members, principa�s and (�f Borrower is a trust} benef cial owner$ in awning and operat�ng prop�rt�es such as the Property i� agree�ng to mal�e the Loan, ar�d vvi�� nt�nue ta re�y on B�rrower's ownership of the Property as a means nf ma�ntaining the value of the Property as se�urity f�r repayment of the Debt and the p�rfarman�e af the �ther �b��gat�ons. Borrawer acknowledges that Lender has a va�id �nterest xn mainta�ning the value of the Propert� so as ta ensure that, shou�d Borrawer default in the r�payment of the Debt ar the performan�e of the �ther �bligations, Lender can recover the Debt b� a sale of th�Property. Sect��n�.2 N� SalelEncumbrance. Indiv�dual B�rrower sha�l not Transfer t�ie Property or any part thereof or any interest therein or permit or suffer the Praperty or any part thereof or any interest there�n to be Transferred other than a.s expressly perm�tted pursuar�t to the terms of the Loan Agreem�nt. ARTI�LE 7 - RI�HT� AND REMEDI�S UP�N DEFAULT Sect�on 7.1 Remedies. Upon the occurrence and during the �ontinuance of � any Event �f Defau�t, Individua� Borr�wer agr�es that Lender may tak� such action, without notice �r demand, as it deems advisable to pratect and enforce its rights aga�nst Ind�vidual Barr�wer and in and to the Property, including, but not ��mited to, the following act��ns, �a�h af which may be pursued concurrent�y or otherwise, at such time and �n such order as Lender may 13 �NE'�YDRI�3169827 4�