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<br />(a) Right to Terminate Proceedings. Lender or Trustee may terminate or rescind any proceeding or
<br />other action brought in connection with its exercise of the remedies provided in Section 13.02 at any time before the
<br />conclusion thereof, as determined in Lender's sole discretion and without prejudice to Lender or Trustee.
<br />(b) No Waiver or Release. The failure of Lender or Trustee to exercise any right, remedy or option
<br />provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or
<br />obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an
<br />Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder
<br />shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Property, no forbearance
<br />on the part of Lender, and no extension of time for the payment of the whole or any portion of the Debt or any other
<br />indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the
<br />interest of Lender in the Property or the liability of Borrower to pay the Debt. No waiver by Lender shall be
<br />effective unless it is in writing and then only to the extent specifically stated.
<br />(c) No Impairment; No Releases. The interests and rights of Lender under the Loan Documents shall
<br />not be impaired by any indulgence, including (i) any renewal, extension or modification which Lender may grant
<br />with respect to any of the Debt; (ii) any surrender, compromise, release, renewal, extension, exchange or substitution
<br />which Lender may grant with respect to the Property or any portion thereof; or (iii) any release or indulgence
<br />granted to any maker, endorser, guarantor or surety of any of the Debt.
<br />(d) Effect on Judgment. No recovery of any judgment by Lender and no levy of an execution under
<br />any judgment upon any Property or any portion thereof shall affect in any manner or to any extent the lien of the
<br />other Cross - collateralized Mortgages upon the remaining Cross - collateralized Properties or any portion thereof, or
<br />any rights, powers or remedies of Lender hereunder or thereunder. Such lien, rights, powers and remedies of Lender
<br />shall continue unimpaired as before.
<br />ARTICLE XIV: COMPLIANCE WITH REQUIREMENTS
<br />Section 14.01. Compliance Legal, Requirements. (a) Borrower shall promptly comply with all present
<br />_ fiance with
<br />and future Legal Requirements, foreseen and unforeseen, ordinary and extraordinary, whether requiring structural or
<br />nonstructural repairs or alterations including, without limitation, all zoning, subdivision, building, safety and
<br />environmental protection, land use and development Legal Requirements, all Legal Requirements which may be
<br />applicable to the curbs adjoining the Property or to the use or manner of use thereof, and all rent control, rent
<br />stabilization and all other similar Legal Requirements relating to rents charged and/or collected in connection with
<br />the Leases. Borrower represents and warrants that (i) except as previously disclosed to Lender in the zoning report
<br />delivered to Lender in connection with the origination of the Loan, the Property is in compliance in all material
<br />respects with all Legal Requirements as of the date hereof, no notes or notices of violations of any Legal
<br />Requirements have been entered or received by Borrower and there is no basis for the entering of such notes or
<br />notices and (ii) any violations of Legal Requirements with respect to the Property will not result in a Material
<br />Adverse Effect, be a threat to the health and safety of any Person or impair Borrower's ability to collect any Rent.
<br />(b) Borrower shall have the right to contest by appropriate legal proceedings diligently conducted in
<br />good faith, without cost or expense to Lender or Trustee, the validity or application of any Legal Requirement and to
<br />suspend compliance therewith if permitted under applicable Legal Requirements, provided (i) failure to comply
<br />therewith may not subject Lender or Trustee to any civil or criminal liability', (ii) prior to and during such contest,
<br />Borrower shall furnish to Lender security reasonably satisfactory to Lender, in its discretion, against loss or injury
<br />by reason of such contest or non - compliance with such Legal Requirement, (iii) no Default or Event of Default shall
<br />exist during such proceedings and such contest shall not otherwise violate any of the provisions of any of the Loan
<br />Documents, (iv) such contest shall not, (unless Borrower shall comply with the provisions of clause (ii) of this
<br />Section 14.01(b)) subject the Property to any lien or encumbrance the enforcement of which is not suspended or
<br />otherwise affect the priority of the lien of this Security Instrument; (v) such contest shall not affect the ownership,
<br />use or occupancy of the Property; (vi) the Property or any part thereof or any interest therein shall not be in any
<br />danger of being sold, forfeited or lost by reason of such contest by Borrower; (vii) Borrower shall give Lender
<br />prompt notice of the commencement of such proceedings and, upon request by Lender, notice of the status of such
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