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<br />200600862
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<br />and all architects' plans and specifications, licenses and permits, documents, books, records, accounts, surveys
<br />and property which relate to the management, leasing, operation, occupancy, ownership, insurance, maintenance, or
<br />service of or construction upon the Property and Borrower agrees to surrender possession thereof and of the Property to
<br />Lender upon demand, and thereupon Lender may (i) use, operate, manage, control, insure, maintain, repair, restore and
<br />otherwise deal with all and every part of the Property and conduct the business thereat; (ii) complete any construction on
<br />the Property in such manner and form as Lender deems advisable; (iii) make alterations, additions, renewals,
<br />replacements and improvements to or on the Property; (iv) exercise all rights and powers of Borrower with respect to the
<br />Property, whether in the name of Borrower or otherwise, including without limitation, the right to make, cancel, enforce
<br />or modify Leases, obtain and evict tenants, and demand, sue for, collect and receive all Rents of the Property and every
<br />part thereof; (v) either require Borrower (A) to pay monthly in advance to Lender, or any receiver appointed to collect the
<br />Rents, the fair and reasonable rental value for the use and occupation of such part of the Property as may be occupied by
<br />Borrower, or (B) to vacate and surrender possession of the Property to Lender or to such receiver and, in default thereof,
<br />Borrower may be evicted by summary proceedings or otherwise; and (vi) apply the receipts from the Property to the
<br />payment of the Debt, in such order, priority and proportions as Lender shall deem appropriate in its sole discretion after
<br />deducting therefrom all expenses (including reasonable attorneys' fees) incurred in connection with the aforesaid
<br />operations and all amounts necessary to pay the Taxes, Other Charges, Insurance Premiums and other expenses in
<br />connection with the Property, as well as just and reasonable compensation for the services of Lender, its counsel, agents
<br />and employees;
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<br />(i) exercise any and all rights and remedies granted to a secured party upon default under the Uniform
<br />Commercial Code, including, without limiting the generality of the foregoing: (i) the right to take possession of the
<br />Personal Property or any part thereof, and to take such other measures as Lender may deem necessary for the care,
<br />protection and preservation of the Personal Property, and (ii) request Borrower at its expense to assemble the Personal
<br />Property and make it available to Lender at a convenient place acceptable to Lender. Any notice of sale, disposition or
<br />other intended action by Lender with respect to the Personal Property sent to Borrower in accordance with the provisions
<br />hereof at least five (5) days prior to such action, shall constitute commercially reasonable notice to Borrower;
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<br />(j) apply any sums then deposited in the Escrow Fund and any other sums held in escrow or otherwise
<br />by Lender in accordance with the terms of this Security Instrument or any Other Security Document to the payment of the
<br />following items in any order in its sole discretion: (i) Taxes and Other Charges; (ii) Insurance Premiums; (iii) interest on
<br />the unpaid principal balance of the Note; (iv) amortization of the unpaid principal balance of the Note; and (v) all other
<br />sums payable pursuant to the Note, this Security Instrument and the Other Security Documents, including, without
<br />limitation, advances made by Lender pursuant to the terms of this Security Instrument;
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<br />(k) surrender the Policies maintained pursuant to Article 3, collect the unearned Insurance Premiums
<br />and apply such sums as a credit on the Debt in such priority and proportion as Lender in its discretion shall deem proper,
<br />and in connection therewith, Borrower hereby appoints Lender as agent and attorney-in-fact (which is coupled with an
<br />interest and is therefore irrevocable) for Borrower to collect such unearned Insurance Premiums;
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<br />(I) apply the undisbursed balance of any Net Proceeds Deficiency deposit, together with interest
<br />thereon, to the payment of the Debt in such order, priority and proportions as Lender shall deem to be appropriate in its
<br />discretion; or
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<br />(m) pursue such other remedies as Lender may have under applicable state or federal law.
<br />In the event of a sale, by foreclosure, power of sale, or otherwise, of less than all of the Property, this Security
<br />Instrument shall continue as a lien and security interest on the remaining portion of the Property unimpaired and without
<br />loss of priority. Notwithstanding the provisions of this Section 11.1 to the contrary, if any Event of Default shall occur,
<br />and the Lender elects to declare, as described in clause (i) or (ii) of Subsection 10.1 (f) shall occur, the entire unpaid Debt
<br />shall be automatically due and payable, such remedy may be pursued without any further notice, demand or other action
<br />by Lender.
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<br />Section 11.2.
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<br />FORECLOSURE.
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<br />(a) Upon the occurrence of an Event of Default, the entire balance of the Loan, including all accrued
<br />interest, shall, at the option of the Lender, become immediately due and payable. Upon failure to pay the Loan in full at
<br />any stated or accelerated maturity date, the Lender may direct the Trustee to sell the land and any or all other assets or
<br />interests which constitute the Property, pursuant to the power of sale hereby granted or by judicial proceeding.
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<br />(b) The Trustee is hereby granted a power of sale and may sell the Premises (together with the Rents
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