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200507874 <br />(o) if an Event of Default shall occur under any of the other Cross - collateralized Mortgages or any <br />default beyond applicable notice and grace periods under any document executed by the Cross - collateralized <br />Borrowers; or <br />(p) if a default under any of the other terms, covenants or conditions of the Note, this Security <br />Instrument or any other Loan Document, other than as set forth in (a) through (o) above, for ten (10) days after <br />notice from Lender in the case of any default which can be cured by the payment of a sum of money, or for thirty <br />(30) days after notice from Lender in the case of any other default or an additional thirty (30) days if Borrower is <br />diligently and continuously effectuating a cure of a curable non - monetary default, other than as set forth in (a) <br />through (o) above. <br />Section 13.02. Remedies. (a) Upon the occurrence and during the continuance of any Event of Default, <br />Lender may, in addition to any other rights or remedies available to it hereunder or under any other Loan Document, <br />at law or in equity, take such action, without notice or demand, as it reasonably deems advisable to protect and <br />enforce its rights against Borrower or any one or more of the Cross - collateralized Borrowers and in and to the <br />Property or any one or more of the Cross - collateralized Properties or any one or more of them, including, but not <br />limited to, the following actions, each of which may be pursued singly, concurrently or otherwise, at such time and <br />in such order as Lender may determine, in its sole discretion, without impairing or otherwise affecting any other <br />rights and remedies of Lender hereunder, at law or in equity: (i) declare all or any portion of the unpaid Debt to be <br />immediately due and payable; provided, however, that upon the occurrence of any of the events specified in Section <br />13.01(i), the entire Debt will be immediately due and payable without notice or demand or any other declaration of <br />the amounts due and payable; or (ii) bring, or instruct Trustee to bring, an action to foreclose this Security <br />Instrument and without applying for a receiver for the Rents, but subject to the rights of the tenants under the <br />Leases, enter into or upon the Property or any part thereof, either personally or by its agents, nominees or attorneys, <br />and dispossess Borrower and its agents and servants therefrom, and thereupon Lender may (A) use, operate, <br />manage, control, insure, maintain, repair, restore and otherwise deal with all and every part of the Property and <br />conduct the business thereat, (B) make alterations, additions, renewals, replacements and improvements to or on the <br />Property or any part thereof, (C) exercise all rights and powers of Borrower with respect to the Property or any part <br />thereof, whether in the name of Borrower or otherwise, including, without limitation, the right, subject to the terms <br />of the Leases, to make, cancel, enforce or modify Leases, obtain and evict tenants, and demand, sue for, collect and <br />receive all earnings, revenues, rents, issues, profits and other income of the Property and every part thereof, and (D) <br />apply the receipts from the Property or any part thereof to the payment of the Debt, after deducting therefrom all <br />expenses (including, without limitation, reasonable attorneys' fees and disbursements) reasonably incurred in <br />connection with the aforesaid operations and all amounts necessary to pay the Impositions, insurance and other <br />charges in connection with the Property or any part thereof, as well as just and reasonable compensation for the <br />services of Lender's third -party agents; or (iii) have an appraisal or other valuation of the Property or any part <br />thereof performed by an Appraiser (and Borrower covenants and agrees it shall cooperate in causing any such <br />valuation or appraisal to be performed) and any cost or expense incurred by Lender in connection therewith shall <br />constitute a portion of the Debt and be secured by this Security Instrument and shall be immediately due and payable <br />to Lender with interest, at the Default Rate, until the date of receipt by Lender; or (iv) sell, or instruct Trustee to sell, <br />the Property or institute, or instruct Trustee to institute, proceedings for the complete foreclosure of this Security <br />Instrument, or take such other action as may be allowed pursuant to Legal Requirements, at law or in equity, for the <br />enforcement of this Security Instrument in which case the Property or any part thereof may be sold for cash or credit <br />in one or more parcels; or (v) with or without entry, and to the extent permitted and pursuant to the procedures <br />provided by applicable Legal Requirements, institute proceedings for the partial foreclosure of this Security <br />Instrument, or take such other action as may be allowed pursuant to Legal Requirements, at law or in equity, for the <br />enforcement of this Security Instrument for the portion of the Debt then due and payable, subject to the lien of this <br />Security Instrument continuing unimpaired and without loss of priority so as to secure the balance of the Debt not <br />then due; or (vi) sell, or instruct Trustee to sell, the Property or any part thereof and any or all estate, claim, demand, <br />right, title and interest of Borrower therein and rights of redemption thereof, pursuant to power of sale or otherwise, <br />at one or more sales, in whole or in parcels, in any order or manner, at such time and place, upon such terms and <br />after such notice thereof as may be required or permitted by law, at the discretion of Lender, and in the event of a <br />sale, by foreclosure or otherwise, of less than all of the Property, this Security Instrument shall continue as a lien on <br />the remaining portion of the Property; or (vii) institute an action, suit or proceeding in equity for the specific <br />performance of any covenant, condition or agreement contained in the Loan Documents, or any of them; or (viii) <br />U19 <br />