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<br />17. REMEDIES CUMULATIVE. Each remedy provided in this Instrument is distinct
<br />and cumulative to all other rights or remedies under this Instrument or afforded by law or equity, and
<br />may be exercised concurrently, independently, or successively, in any order whatsoever.
<br />18. ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. IfBorrower
<br />shall voluntarily file a petition under the Federal Bankruptcy Act, as such Act may from time to time
<br />be amended, or under any similar or successor Federal statute relating to bankruptcy, insolvency,
<br />arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer
<br />in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower shall fail
<br />to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or
<br />liquidation ofBorrower, or if Borrower shall be adjudged a bankrupt, or if a trustee or receiver shall
<br />be appointed for Borrower or Borrower's property, or if the Property shall become subject to the
<br />jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower shall make an
<br />assignment for the benefit of Borrower's creditors, or if there is an attachment, execution or other
<br />judicial seizure of any of Borrower's assets and such seizure is not discharged within ten days, then
<br />Lender may, at Lender's option, declare all of the sums secured by this Instrument to be immediately
<br />due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted
<br />by paragraph 26 of this Instrument. Any reasonable attorney's fees and other expenses incurred by
<br />Lender in connection with Borrower's bankruptcy or any of the other aforesaid events shall be
<br />additional indebtedness of Borrower secured by this Instrument pursuant to paragraph 8 hereof.
<br />19. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN
<br />BORROWER; ASSUMPTION. Upon the (a) sale, transfer, conveyance, assignment, or
<br />encumbrance of all or any part of the Property, or any interest therein, or beneficial interests in
<br />Borrower (other than limited partnership interests, if applicable); (b) execution of any lease which
<br />gives the lessee any option to purchase the Property or any part thereof; or (c) commencement of any
<br />notice, action, or procedures which, if completed, would result in the Property being converted to
<br />a condominium or cooperative form of ownership without the prior written consent of Lender,
<br />Lender may, at Lender's option, declare all of the sums secured by this Instrument to be immediately
<br />due and payable, and Lender may invoke any remedies permitted by paragraph 26 of this Instrument.
<br />Notwithstanding any provision in the Loan Documents to the contrary, Lender agrees to allow
<br />a one -time transfer of the Property and assumption of the Loan, provided that there is no default, or
<br />an event of default, by Borrower under the Loan Documents with Lender's reasonable consent.
<br />Lender's conditions of consent shall include the following: (a) the payment by Borrower to Lender
<br />of a transfer fee equal to 1.5% of the outstanding principal balance of the Note; (b) satisfactory
<br />management expertise and financial condition ofthe proposed transferee, in Lender's sole reasonable
<br />discretion; (c) the reimbursement of all the Lender's reasonable expenses, including legal fees; (d) the
<br />permitted transferee and such principals of permitted transferee, as Lender may request, assuming all
<br />obligations ofBorrower under the Loan Documents, including, without limitation, the Environmental
<br />Indemnity Agreement, with the same degree ofrecourse liability as Borrower and subject to the same
<br />exculpatory provisions; (e) the Property is then currently in good condition and repair; (f) the Lease
<br />with Albertsons is then currently in effect, not in default, and has not been modified without Lender's
<br />prior written consent; and (g) the Loan is current and in good standing in all respects.
<br />Notwithstanding the above, Lender agrees that Borrower shall be entitled to make transfers to family
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