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<br />200600862
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<br />(a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be
<br />a waiver of any term of this Security Instrument. Borrower shall not be relieved of Borrower's obligations hereunder by
<br />reason of (i) the failure of Lender to comply with any request of Borrower, any Guarantor or any Indemnitor to take any
<br />action to foreclose this Security Instrument or otherwise enforce any of the provisions hereof or of the Note or the Other
<br />Security Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any
<br />person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the timc of
<br />payment, changing the rate of interest, or otherwise modifying or supplementing the terms of the Note, this Security
<br />Instrument or the Other Security Documents.
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<br />(b) It is agreed that the risk of loss or damage to the Property is on Borrower, and Lender shall have no
<br />liability whatsoever for decline in value of the Property, for failure to maintain the Policies, or for failure to determine
<br />whether insurance in forcc is adequate as to the amount of risks insured. Possession by Lender shall not be deemed an
<br />election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in
<br />Lender's possession.
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<br />(c) Lender and Trustee may resort for the payment of the Debt to any other security held by or
<br />guaranties given to Lender or Trustee in such order and manner as Lender or Trustee, in its discretion, may elect. Lender
<br />may take action to recover the Debt, or any portion thereof, or to enforce any covenant hereof without prejudice to the
<br />right of Lender or Trustee thereafter to foreclose this Security Instrument. The rights of Lender and Trustee under this
<br />Security Instrument shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the
<br />others. No act of Lender or Trustee shall be construed as an election to proceed under anyone provision herein to the
<br />exclusion of any other provision. Neither Lender nor Trustee shall be limited exclusively to the rights and remedies
<br />herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in equity.
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<br />Section 11.9. RIGHT TO RELEASE ANY PORTION OF nIB PROPERTY. Lender may release any portion
<br />of the Property for such consideration as Lender may require without, as to the remainder of the Property, in any way
<br />impairing or affecting the lien or priority of this Security Instrument, or improving the position of any subordinate
<br />lienholder with respect thereto, except to the extent that the obligations hereunder shall have been reduced by the actual
<br />monetary consideration, if any, received by Lender for such release, and may accept by assignment, pledge or otherwise
<br />any other property in place thereof as Lender may require without being accountable for so doing to any other lienholder.
<br />This Security Instrument shall continue as a lien and security interest in the remaining portion of the Property.
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<br />Section 11.10. VIOLATION OF LAWS. If the Property is not in compliance with Applicable Laws, Lender
<br />may impose additional requirements upon Borrower in connection herewith including, without limitation, monetary
<br />reserves or financial equivalents.
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<br />Section 11.11. RIGHI-OF ENTRY. Lender and its agents shall have the right to enter and inspect the Property
<br />at all reasonable times.
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<br />Section 11.12. SUBROGA TIQN. If any or all of the proceeds of the Note have been used to extinguish, extend
<br />or renew any indebtedness heretofore existing against the Property, then, to the extent of the funds so used, Lender shall
<br />be subrogated to all of the rights, claims, liens, titles, and interests existing against the Property heretofore held by, or in
<br />favor of, the holder of such indebtedness and such former rights, claims, liens, titles, and interests, if any, are not waived
<br />but rather are continued in full force and effect in favor of Lender and are merged with the lien and security interest
<br />created herein as cumulative security for the repayment of the Debt, the performance and discharge of Borrower's
<br />obligations hereunder, under the Note and the Other Security Documents and the performance and discharge of the Other
<br />Obligations.
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<br />ARTICLE 12. - ENVIRONMENTAL HAZARDS
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<br />Section 12.1. ENVIRONMENTAL DEFINITIONS. For the purpose of this Section, "Environmental Law"
<br />means any present and future federal, state and local laws, statutes, ordinances, rules, regulations, standards, policies and
<br />other government directives or requirements, as well as common law, including but not limited to the Comprehensive
<br />Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act, that apply
<br />to Borrower or the Property and relate to Hazardous Materials. "Environmental Liens" means all Liens and other
<br />encumbrances imposed pursuant to any Environmental Law, whether due to any act or omission of Borrower or any other
<br />person or entity. "Environmental Report" means the written reports resulting from the environmental site assessments of
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