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NAI- 1502659666v3 <br />201703609 <br />obligated to, take into account all or any of the following: (i) appraisals of the Property as <br />such appraisals may be discounted or adjusted by Grantee in its sole and absolute <br />underwriting discretion; (ii) expenses and costs incurred by Grantee with respect to the <br />Property prior to foreclosure; (iii) expenses and costs which Grantee anticipates will be <br />incurred with respect to the Property after foreclosure, but prior to resale, including, <br />without limitation, costs of structural reports and other due diligence, costs to carry the <br />Property prior to resale, costs of resale (e.g. commissions, attorneys' fees, and taxes), costs <br />of any hazardous materials clean-up and monitoring, costs of deferred maintenance, repair, <br />refurbishment and retrofit, costs of defending or settling litigation affecting the Property, <br />and lost opportunity costs (if any), including the time value of money during any <br />anticipated holding period by Grantee; (iv) declining trends in real property values <br />generally and with respect to properties similar to the Property; (v) anticipated discounts <br />upon resale of the Property as a distressed or foreclosed property; (vi) the fact of additional <br />collateral (if any), for the Secured Indebtedness; and (vii) such other factors or matters that <br />Grantee (in its sole and absolute discretion) deems appropriate. In regard to the above, <br />Grantor acknowledges and agrees that: (w) Grantee is not required to use any or all of the <br />foregoing factors to determine the amount of its credit bid; (x) this Section does not impose <br />upon Grantee any additional obligations that are not imposed by law at the time the credit <br />bid is made; (y) the amount of Grantee's credit bid need not have any relation to any <br />loan-to -value ratios specified in the Loan Documents or previously discussed between <br />Grantor and Grantee; and (z) Grantee's credit bid may be (at Grantee's sole and absolute <br />discretion) higher or lower than any appraised value of the Property. <br />(b) Grantee's Other Rights. Grantee shall have the right to take such other <br />steps to protect and enforce its rights, whether by action, suit or proceeding at law or in <br />equity for the specific performance of any covenant, condition or agreement contained in <br />this Security Instrument, or in aid of the execution of any power granted in this Security <br />Instrument, or for any foreclosure hereunder, or for the enforcement of any other <br />appropriate legal or equitable remedy or otherwise as Grantee and/or the trustees shall elect <br />to the extent permitted hereunder or by applicable law. Upon the completion of any <br />foreclosure of all or a portion of the Property, Grantee may commence an action to recover <br />any of the Secured Indebtedness that remains unpaid or unsatisfied. <br />(c) Grantee's Rights with Regard to Personal Property. In addition to <br />Grantee's rights as a "Secured Party" under the UCC, Grantee may, but shall not be <br />obligated to, at any time without notice and at the expense of Grantor: (a) give notice to <br />any person of Grantee's rights hereunder and enforce such rights at law or in equity; (b) <br />insure, protect, defend and preserve the Personal Property or any rights or interests of <br />Grantee therein; (c) inspect the Personal Property; and (d) endorse, collect and receive any <br />right to payment of money owing to Grantor under or from the Personal Property. <br />Upon the occurrence of an Event of Default under this Security Instrument, <br />then in addition to all of Grantee's rights as a "Secured Party" under the UCC or otherwise <br />at law and in addition to Grantee's rights under the Loan Documents: <br />