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<br />200511357
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<br />8.2 NON-W AIVER. By accepting payment of any amount secured hereby after its due date or late performance
<br />of any other Secured Obligation, Lender shall not waive its right against any person obligated directly or
<br />indirectly hereunder or on any Secured Obligation, either to require prompt payment or performance when
<br />due of all other sums and obligations so secured or to declare default for failure to make such prompt
<br />payment or performance. No exercise of any right or remedy by Lender or Trustee hereunder shall constitute
<br />a waiver of any other right or remedy herein contained or provided by Jaw. No failure by Lender or Trustee to
<br />exercise any right or remedy hereunder arising upon any Default shall be construed to prejudice Lender's or
<br />Trustee's rights or remedies upon the occurrence of any other or subsequent Default. No delay by Lender or
<br />Trustee in exercising any such right or remedy shall be construed to preclude Lender or Trustee from the
<br />exercise thereof at any time while that Default is continuing. No notice to nor demand on Borrower shall of
<br />itself entitle Borrower to any other or further notice or demand in similar or other circumstances.
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<br />8.3 CONSENTS AND APPROVALS. Wherever Lender's consent, approval, acceptance or satisfaction is
<br />required under any provision of this Security Instrument or any of the other Loan Documents, such consent,
<br />approval, acceptance or satisfaction shall not be unreasonably withheld, conditioned or delayed by Lender
<br />unless such provision expressly so provides.
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<br />8.4 PERMITTED CONTESTS. After prior written notice to Lender, Borrower may contest, by appropriate
<br />legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application,
<br />in whole or in part, of any lien, levy, tax or assessment, or any lien of any laborer, mechanic, materialman,
<br />supplier or vendor, or the application to Borrower or the Property of any law or the validity thereof, the
<br />assertion or imposition of which, or the failure to pay when due, would constitute a Default; provided that (a)
<br />Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender,
<br />and does not impair the lien of this Security Instrument; (b) the Property, or any part hereof or estate or
<br />interest therein, shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (c) in
<br />the case of the contest of any law or other legal requirement, Lender shall not be in any danger of any civil or
<br />criminal liability; and (d) if required by Lender, Borrower deposits with Lender any funds or other forms of
<br />assurance (including a bond or letter of credit) satisfactory to Lender to protect Lender from the consequences
<br />of the contest being unsuccessful. Borrower's right to contest pursuant to the terms of this provision shall in
<br />no way relieve Borrower of its obligations under the Loan or to make payments to Lender as and when due.
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<br />8.5 FURTHER ASSURANCES. Borrower shall, upon demand by Lender or Trustee, execute, acknowledge (if
<br />appropriate) and deliver any and all documents and instruments and do or cause to be done all further acts
<br />reasonably necessary or appropriate to effectuate the purposes of the Loan Documents and to perfect any
<br />assignments contained therein.
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<br />8.6 A TTORNEYS' FEES. If any legal action, suit or proceeding is commenced between Borrower and Lender
<br />regarding their respective rights and obligations under this Security Instrument or any of the other Loan
<br />Documents, the prevailing party shall be entitled to recover, in addition to damages or other relief, costs and
<br />expenses, reasonable attorneys' fees and court costs (including, without limitation, expert witness fees). As
<br />used herein the term "prevailing party" shall mean the party which obtains the principal relief it has sought,
<br />whether by compromise settlement or judgment. If the party which commenced or instituted the action, suit
<br />or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall
<br />be deemed the prevailing party.
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<br />8.7 BORROWER AND LENDER DEFINED. The term "Borrower" includes both the original Borrower and
<br />any subsequent owner or owners of any of the Property, and the term "Lender" includes the original Lender
<br />and any future owner or holder, including assignees, pledges and participants, of the Note or any interest
<br />therein.
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<br />8.8 DISCLAIMERS.
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<br />a. Nominee Capacity of MERS. MERS serves as mortgagee of record and secured party solely as
<br />nominee, in an administrative capacity, for Lender and its successors and assigns and only holds legal
<br />title to the interests granted, assigned, and transferred herein. All payments or deposits with respect to
<br />the Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be
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<br />1244250.5
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