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<br />not permitted by the Note or this Security Instrument, Borrower shall also pay to Lender a sum equal to (a) the entire
<br />principal balance of the Note, all accrued interest thereon and all other fees, charges and sums due and payable
<br />hereunder, (b) all costs and expenses in connection with the enforcement of Lender's rights hereunder, and (c) a
<br />prepayment charge (the "Prepayment Charge') equal to the greater of (i) I% of the principal balance of the Note and
<br />(ii) the amount, which when added to the Principal Amount, will be sufficient to purchase the Federal Obligations
<br />necessary to meet the Scheduled Defeasance Payments assuming defeasance would be permitted under Article 15 of
<br />this Security Instrument. Failure of Lender to require any of these payments shall not constitute a waiver of the right
<br />to require the same in the event of any subsequent default or to exercise any other remedy available to Lender
<br />hereunder, under any other Loan Document or at law or in equity. If at the time of such tender, prepayment of the
<br />principal balance of the Note is permitted, such tender by Borrower shall be deemed to be a voluntary prepayment of
<br />the principal balance of the Note, and Borrower shall, in addition to the entire Debt, also pay to Lender the
<br />applicable prepayment consideration specified in the Note and this Security Instrument.
<br />Section 13.04. Possession of the Property. Upon the occurrence of any Event of Default and the
<br />acceleration of the Debt or any portion thereof, Borrower, if an occupant of the Property or any part thereof, upon
<br />demand of Lender, shall immediately surrender possession of the Property (or the portion thereof so occupied) to
<br />Lender, and if Borrower is permitted to remain in possession, the possession shall be as a month -to -month tenant of
<br />Lender and, on demand, Borrower shall pay to Lender monthly, in advance, a reasonable rental for the space so
<br />occupied and in default thereof Borrower may be dispossessed. The covenants herein contained may be enforced by
<br />a receiver of the Property or any part thereof. Nothing in this Section 13.04 shall be deemed to be a waiver of the
<br />provisions of this Security Instrument making the Transfer of the Property or any part thereof without Lender's prior
<br />written consent an Event of Default.
<br />Section 13.05. Interest After Default. If any amount due under the Note, this Security Instrument or any of
<br />the other Loan Documents is not paid within any applicable notice and grace period after same is due, whether such
<br />date is the stated due date, any accelerated due date or any other date or at any other time specified under any of the
<br />terms hereof or thereof, then, in such event, Borrower shall pay interest on the amount not so paid from and after
<br />the date on which such amount first becomes due at the Default Rate; and such interest shall be due and payable at
<br />such rate until the earlier of the cure of all Events of Default or the payment of the entire amount due to Lender,
<br />whether or not any action shall have been taken or proceeding commenced to recover the same or to foreclose this
<br />Security Instrument. All unpaid and accrued interest shall be secured by this Security Instrument as part of the Debt.
<br />Nothing in this Section 13.05 or in any other provision of this Security Instrument shall constitute an extension of
<br />the time for payment of the Debt.
<br />Section 13.06, Borrower's Actions After Default. After the happening of any Event of Default and
<br />immediately upon the commencement of any action, suit or other legal proceedings by Lender to obtain judgment
<br />for the Debt, or of any other nature in aid of the enforcement of the Loan Documents, Borrower will (a) after receipt
<br />of notice of the institution of any such action, waive the issuance and service of process and enter its voluntary
<br />appearance in such action, suit or proceeding, and (b) if required by Lender, consent to the appointment of a receiver
<br />or receivers of the Property or any part thereof and of all the earnings, revenues, rents, issues, profits and income
<br />thereof.
<br />Section 13.07. Control by Lender„ After. Default. Notwithstanding the appointment of any custodian,
<br />receiver, liquidator or trustee of Borrower, or of any of its property, or of the Property or any part thereof, to the
<br />extent permitted by Legal Requirements, Lender shall be entitled to obtain possession and control of all property
<br />now and hereafter covered by this Security Instrument and the Assignment in accordance with the terms hereof.
<br />Section 13.08. Right to Cure Defaults. (a) Upon the occurrence of any Event of Default, Lender or its
<br />agents may, but without any obligation to do so and without notice to or demand on Borrower and without releasing
<br />Borrower from any obligation hereunder, make or do the same in such manner and to such extent as Lender may
<br />deem necessary to protect the security hereof. Lender and its agents are authorized to enter upon the Property or any
<br />part thereof for such purposes, or appear in, defend, or bring any action or proceedings to protect Lender's interest in
<br />the Property or any part thereof or to foreclose this Security Instrument or collect the Debt, and the cost and expense
<br />thereof (including reasonable attorneys' fees to the extent permitted by law), with interest as provided in this Section
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