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<br />period in excess of sixty (60) days. <br /> <br />200600862 <br /> <br />ARTICLE 11. - RIGHTS AND REMEDIES <br /> <br />Section 11.1. REMEDIES. Upon the occurrence of any Event of Default, Borrower agrees that Lcnder or <br />Trustee may takc such action, without notice or dcmand, as it deems advisable to protect and enforce its rights against <br />Borrower in and to the Property, including, but not limited to the following actions, each of which may be pursued <br />concurrently or otherwise, at such time and in such order as Lender may determine, in its sole discretion, without <br />impairing or otherwise affecting the other rights and remedies of Lender: <br /> <br />(a) declare the entire unpaid Debt to be immediately due and payable; <br /> <br />(b) by and through the Trustee or otherwise, sell or offer for sale the Property in such portions, order <br />and parcels as Lender may determine, with or without having first taken possession of same, to the highest bidder for cash <br />at public auction, as morc particularly described hereinafter; <br /> <br />(c) institute proceedings, judicial or otherwise, for the complete foreclosure of this Security Instrument <br />under any applicable statc or federal law in which case the Property or any interest therein may be sold for cash or upon <br />credit in one or more parcels or in several interests or portions and in any order or manner; <br />(d) the Trustee may sell all or any portion of the Property together or in lots or parcels and in such <br />manner and order as the Trustee, in its sole discretion, may elect. The sale or sales by the Trustee of less than the whole <br />of the Property shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make <br />successive sale or sales under such power until the whole of the Property shall be sold; and if the proceeds of such sale or <br />sales of less than the whole of such Property shall be less than the aggregate of the Dcbt and the expense of executing this <br />trust, this Security Instrument and the lien, security interest and assignment hereof shall remain in full force and effect as <br />to the unsold portion of the Property just as though no sale or sales had been made; provided, however, that Borrower <br />shall ncver have any right to require the sale or sales of less than thc whole of the Property, but Lender shall have the <br />right, at its sole election, to request the Trustee to sell less than the whole of the Property. As among the various counties <br />in which items of the Property may be situated, sales in such counties may bc conducted in any order that the Trustee may <br />deem expedient and anyone or more of such sales may be conducted in the same month, or in successive or different <br />months, as the Trustee may deem expedient. If an Event of Default shall occur hereunder, the holder of the Debt or any <br />part thereof on which the payment is delinquent shall have the option to proceed as if under a full foreclosure, conducting <br />the sale as herein provided without dcclaring the entire Debt due, and if sale is made because of default of an installment, <br />or a part of an installment, such sale may be made subject to the unmatured part of the Note and the Debt; and such sale, <br />if so made, shall not in any manner affect the unmatured part of the Debt but as to such unmatured part, this Security <br />Instrument shall remain in full force and effect as though no sale had been made under the provisions of this Section. <br />Any number of sales may be made hereunder without exhausting the right of sale for any unmatured part of the Debt <br />secured hereby; <br /> <br />(d) institute an action, suit or proceeding in equity for the specif1c performance of any covenant, <br />condition or agreement contained herein, in the Notc or in the Other Security Documents; <br /> <br />(f) recover judgment on the Note either before, during or after any proceedings for the enforcement of <br />this Security Instrument or the Other Security Documents; <br /> <br />(g) apply for the appointment of a receiver, trustee, liquidator or conservator of the Property, without <br />notice and without regard for the adequacy of the security for the Debt and without regard for the solvency of Borrower, <br />any Guarantor, Indemnitor or of any person, firm or other entity liable for the payment of the Debt; <br /> <br />(h) subject to any applicable state or federal law, the license granted to Borrower under Section 1.2 <br />shall automatically be revoked and Lender may enter into or upon the Property, either personally or by its agents, <br />nominees or attorneys and dispossess Borrower and its agents and servants therefrom, without liability for trespass, <br />damages or otherwise and exclude Borrower and its agents or servants wholly therefrom, and take possession of all rent <br />rolls, leases (including the form lease) and amendments and exhibits, subleases (including the form sublease) and <br />amendments and exhibits and rental and license agreements with the tenants, subtenants and licensees in possession of the <br />Property or any part or parts thereof; tenants', subtenants' and licensees' money deposits or other property (including, <br />without limitation, any letter of credit) given to secure tenants', subtenants' and licensees' obligations under leases, <br />subleases or licenses, together with a list of the foregoing; all lists pertaining to current rent and license fee arrears; any <br />