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202300986
<br />of its remedies for an Event of Default hereunder, absent this waiver. Lender shall not be required to sell
<br />or realize upon any portion of the Property before selling or realizing upon any other portion thereof.
<br />Section 7.10 Lender's Performance.
<br />Upon the occurrence of an Event of Default herein, Lender may, but need not, and whether electing
<br />to declare the whole of the Loan due and payable or not, and without waiver of any other remedy or releasing
<br />Grantor or Guarantor from any Obligation, make any payment or perform any act herein required of Grantor
<br />in any form and manner deemed expedient, and may, but need not, make full or partial payments of principal
<br />or interest on prior encumbrances, if any, and purchase, discharge, compromise or settle any tax lien or
<br />other prior lien or title or claim thereof, redeem from any tax sale or forfeiture affecting the Property or
<br />contest any tax or assessment or cure any default of Grantor as landlord in any Lease, or enter upon the
<br />Property and may complete the construction or development of any Improvements and in the course of such
<br />completion may make such changes as Lender may deem necessary or desirable. All monies paid for any
<br />of the purposes herein authorized and all Expenses paid or incurred in connection therewith, including
<br />attorneys' fees, and any other monies advanced by Lender to protect the Property or the lien hereof, shall
<br />be additional Obligations and shall become immediately due and payable without notice and with interest
<br />thereon at the default rate of interest set forth in the Loan Agreement. Inaction of Lender shall never be
<br />considered as a waiver of any right accruing to it on account of any Event of Default on the part of Grantor.
<br />The Grantor is hereby notified as follows: Should the Grantor fail to provide the Lender with
<br />evidence of the insurance coverage required by the Loan Agreement, this Deed of Trust, or any of the other
<br />Loan Documents, Lender may purchase insurance at the Grantor's expense to protect Lender's interests in
<br />the Property for the Obligations. This insurance may, but need not protect the Grantor's interests. The
<br />coverage the Lender purchases may not pay any claim that the Grantor makes or any claim that is made
<br />against the Grantor in connection with the Property or any other collateral for the Obligations. The Grantor
<br />may later cancel any insurance purchased by Lender but only after providing Lender with evidence that the
<br />Grantor has obtained insurance as required by the Loan Agreement, this Deed of Trust or any of the other
<br />Loan Documents. If Lender purchases insurance for the Property for the Obligations, the Grantor will be
<br />responsible for the costs of that insurance, including interest and any other charges that Lender may lawfully
<br />impose in connection with the placement of the insurance, until the effective date of the cancellation or
<br />expiration of the insurance. The costs of the insurance may be added to the total outstanding Obligations.
<br />The costs of the insurance obtained by Lender may be more than the cost of insurance that the Grantor may
<br />be able to obtain on its own.
<br />Section 7.11 Lender's Right of Inspection.
<br />Lender, and Lender's contractors, agents and representatives, shall, upon reasonable advance notice
<br />to Grantor, have the right to inspect the Property, including, but not limited to, the inspection of any
<br />Improvements being constructed on the Real Property during such construction, at all reasonable times and
<br />access thereto shall be permitted for such purposes.
<br />Section 7.12 Bankruptcy.
<br />Upon the occurrence and during the continuance of an Event of Default beyond applicable cure
<br />periods (if any), Lender shall have the right to proceed in its own name or in the name of Grantor in respect
<br />of any claim, suit, action, or proceeding relating to the rejection of any Lease, including, without limitation,
<br />the right to file and prosecute, to the exclusion of Grantor, any proofs of claim, complaints, motions,
<br />applications, notices and other documents, in any case in respect of the lessee under such Lease under the
<br />bankruptcy code or other applicable Law.
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