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2� 1 ���835 <br /> Se�tivn 7.G E�am�nation of Books and R�cords. At r�asnnab�e t�mes ar�d <br /> upan reasanable n�tice, Lender, �ts agents, accountants and attorneys shal� have the right to <br /> �xam�ne the records, boo�s, management and ather papers �f Individual Borrower wh�ch reflect <br /> upon their financial cond�tion, at the Property or at any office regu�ar�y�na�nta�ned b� Indi�idua� <br /> Borrower where the books and rec�rds ar� �ocated. Lender and its agents sha�� have the r�ght to <br /> mal�e copies and extracts from the for�going records ar�d other papers. In addxtian, at reasonab�e <br /> times and u�on reasonable natice, Lender, its agents, ac�ountants and attorneys sha�1 hav� the <br /> right t� examine and audit the ba�ks and records of Individua� Barrower pertaining to th� <br /> �ncome, expenses and operation�f the Pr�perty during reasonab�e business hours at ar�� off.��e of <br /> Indi�idua� Borrower where the bfloks and records are lacated. Th�s Section 7.� sha�l app1� � <br /> throughout the t�rm of the Note and w�thout regard to �whether an Event �f Default has occurred <br /> or is continuing; provided, h�v�rever, that Borrower shail have no obl�gation to pay any fees �r <br /> expenses incurred by Lender on accaunt of the exercise of its r�ghts under th�s Section 7.5 more <br /> than one time in any year so l�ng as n� Event of Defau�t has o�curred and is continuing. <br /> Section 7.7 ��ther�,,.�Ri�hts, etc. �a} The exerc�se by Lender �f the option <br /> granted it in Sectian 7.1�h� �f this Se�ur�ty Instrument and the collection of the Rents and sums <br /> due und�r the Lease �uaranties and the app���ation thereof as h�rein provided shall nat be <br /> considered a waiver of any d�fault by Barrower under th�N�te, the Loan Agr��ment, th� Leas�s, <br /> th�s Secur�ty Instrument or the other Loan I]ocurn�nts. The failure �f L�nder to insist upon strict <br /> perfarmance of any term hereof shall not be deemed to be a waiver of any t�rm of th�s Secur�ty <br /> Instrument. Ind�vidual Borrnvver shal� not be re��e�ed �f Individua� Borrower's ob��gations <br /> hereunder by reason of ��) the fai�ure of Lender to �omply with any request of Ind��idual <br /> Borrower or any guarantor ar indemn�tar With respect to the Loan to take any action ta farec�ose <br /> this Security Instrum�nt or otherwis� enf�rce any of the provisions h�reof or of the N�te ar the <br /> � other Loa.n Documents, �ii} the re�ease, regardless of consid�ration, of the Wh�1e ar any part af <br /> the Property, except With respect ta that porti�n of the Property so r��eased, or of an� person <br /> �iable for the Debt or any portion ther�of tot�ier than Individua� Borrower) or �i��} ex�ept for any <br /> agreement �r st�pulat��n to which Indiv�dua� Borrawer �s a party or otherw�se ex�cuted by <br /> Lender in favor of Individual B�rr�wer, ar�y agreement or st�pu�ation by Lender extend�ng the <br /> t�me of payment ar otherv�rise mod�fy�ng or supplementing the terms �f the Note, th�s Security <br /> Instrument or the�ther Loan Doeuments. <br /> �b} It is agreed that the risk of loss �r damage to the Property is on Individual <br /> Borrovver, and L�nder shall ha�e n� liab��xty v�rhatsoev�r for dec�xne in value of the Property, for <br /> failure t� mainta�r� the Po�i�i�s, or far failure to determine whether the �nsurance in force is <br /> adequat� as to the amount of r�sks insured. Possession by Lender sha�� not be deemed an <br /> electi�n of judicia� re�ief �f any such ��ssess�on is requested or �btained With respect to any <br /> Propert�ar co��atera� not in Lender's passession. " <br /> �c� Lender may resort far the payment of the D�bt to any other secur�ty held <br /> by Lender in such order and mar�ner as Lender, �n xts discretion, may e���t. Lender rriay take <br /> actiar� to rec�v�r the Debt, ar any portian �hereof, or to enf�ree an� covenant hereof w�thout <br /> prejud�c� ta the right of Lender thereafter to forec�ose this Secur�ty Instrument. The r�ghts of <br /> Lender under th�s S ecurity Instrument sha11 be separate, di stin�t and cumulatxve and nane shall <br /> be g�ven �ffect t� the �xclusion of the others. N� a�t of Lender shal� be construed as an election <br /> to pr�ceed under any one prov�sian h�r�in t� the exclusiori �f an.y other provision. Lender shall <br /> 17 <br /> �NEWY�RK 31 f 9827 4] <br />