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200314437
<br />In the event Borrower becomes a debtor in bankruptcy, the debtor in possession or trustee shall
<br />not be permitted to use, sell or lease any of the Property, whether or not in the ordinary course of
<br />business, without providing adequate protection to Lender. The parties agree that the language in the
<br />United States Bankruptcy Code, as amended, shall be the definition of the term "adequate protection" in
<br />connection with any use, sale or lease of the Property. The cash payment referred to in that section shall
<br />mean the full payments required under the Note and all other indebtedness which this Security
<br />Instrument secures.
<br />The parties agree that because of the extreme financial importance to Lender of this transaction,
<br />Lender will be irreparably harmed by any stay of its collection efforts or the exercise of its remedies
<br />under this Security Instrument. In the event a plan of reorganization is proposed under Chapter 11 of the
<br />United States Bankruptcy Code, as amended, the parties also agree that the plan will be fair and equitable
<br />to Lender, as a secured creditor, only if Lender realizes under the plan the full payments required under
<br />the Note and all other indebtedness which this Security Instrument secures.
<br />9. AMERICANS WITH DISABILITIES ACT. At its sole expense, Borrower shall cause the
<br />Property to be and remain in compliance with the Americans with Disabilities Act and all similar state
<br />and local laws, rules and regulations (hereafter "ADA ") during the term hereof. If the Property is
<br />remodeled or altered while this Security Instrument is in effect, the Borrower shall have the work
<br />performed so that the Property continues to comply with the ADA. Borrower shall furnish to Lender, if
<br />requested, a written opinion from a licensed architect that the remodeling /alterations comply with the
<br />ADA. Borrower hereby warrants and represents to Lender that there are no pending or threatened claims
<br />by the Department of Justice or third parties relating to the ADA. Borrower hereby agrees to indemnify
<br />and hold harmless the Lender, its directors, officers, employees and agents, and any successor to
<br />Lender's interest, from and against any and all claims, damages, losses and liabilities arising in
<br />connection with the violation of the ADA. THE FOREGOING WARRANTIES AND
<br />REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING
<br />INDEMNITY, SHALL SURVIVE THE REPAYMENT OF THE NOTE AND THE RECONVEYANCE
<br />OF THIS SECURITY INSTRUMENT.
<br />10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants
<br />and agreements contained in this Security Instrument or in any other Loan Document, or if any action or
<br />proceeding is commenced which materially affects Lender's interest in the Property, including, but not
<br />limited to, eminent domain, insolvency, enforcement of laws or regulations, or arrangements or
<br />proceedings involving a bankrupt or decedent, then Lender at Lender's option, may make such
<br />appearances, disburse such sums and take such action as is necessary to protect Lender's interest,
<br />including, but not limited to, incurrence of attorneys' fees and entry upon the Property to make repairs.
<br />Any amounts disbursed by Lender pursuant to this Paragraph 10, with Interest thereon, shall
<br />become additional indebtedness of Borrower secured by this Security Instrument. Unless Borrower and
<br />Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
<br />Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate of
<br />FOURTEEN PERCENT (14.0 %), unless payment of interest at such rate would be contrary to applicable
<br />law, in which event such amounts shall bear interest at the highest rate permissible under applicable law.
<br />Nothing contained in this Paragraph 10 shall require Lender to incur any expense or take any action
<br />hereunder.
<br />11. INSPECTION. Lender may make or cause to be made reasonable entries upon and
<br />inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection
<br />specifying reasonable cause thereof related to Lender's interest in the Property.
<br />12. REPRESENTATIONS AND WARRANTIES OF BORROWER. In order to induce
<br />Lender to execute and deliver this Security Instrument and perform hereunder, Borrower makes the
<br />following representations and warranties to Lender, which representations and warranties shall remain in
<br />effect throughout the term of this Security Instrument, and shall survive and shall be unaffected by any
<br />investigations, inspections or inquiries made by Lender, the recording of any of the Loan Documents, or
<br />the performance by Lender and Borrower hereunder:
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