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<br />200600862 <br /> <br />Lease or the preparation or review of any subordination, non-disturbance agreement (the occurrence of any of the above <br />shall be called an "Event"). Borrower further acknowledges and confirms that it shall be responsible for the payment of <br />all costs of reappraisal of the Property or any part thereof, whether required by law, regulation, Lender or any <br />governmental or quasi-governmental authority. Borrower hereby acknowledges and agrees to pay, immediately, with or <br />without demand, all such fees (as the same may be increased or decreased from time to time), and any additional fees of a <br />similar type or nature which may be imposed by Lender from time to time, upon the occurrence of any Event or <br />otherwise. Wherever it is provided for herein that Borrower pay any costs and expenses, such costs and expenses shall <br />include, but not be limited to, all reasonable attorneys fees of Lender. <br /> <br />Section 18.2. AT'UJRNEYS FEES FOR ENFORCEMENT. (a) Borrower shall pay all reasonable attorneys fees <br />and costs incurred by Lender in connection with (i) the preparation of the Note, this Security Instrument and the Other <br />Security Documents; and (ii) the items set forth in Section 18.1 above, and (b) Borrower shall pay to Lender on demand <br />any and all expenses, including legal fees and costs incurred or paid by Lender, regardless of whether at a pre-trial, trial or <br />appellate level, in protecting its interest in the Property or in collecting any amount payable under the Note, this Security <br />Instrument or the Other Security Documents, or in enforcing its rights hereunder with respect to the Property, whether or <br />not any legal proceeding is commenced hereunder or thereunder, and whether or not the attorneys fees or costs are <br />incurred at a pre-litigation, litigation or appellate level, together with interest thereon at the Default Rate from the date <br />paid or incurred by Lender until such expenses are paid by Borrower. <br /> <br />ARTICLE 19. - DEFINITIONS <br /> <br />Section 19.1. GENERAL DEFINITIONS. Unless the context clearly indicates a contrary intent or unless <br />otherwise specifically provided herein, words used in this Security Instrument may be used interchangeably in singular or <br />plural form and the word "Borrower" shall mean "each Borrower and any subsequent owner or owners of the Property or <br />any part thereof or any interest therein," the word "Lender" shall mean "Lender and any subsequent holder of the Note," <br />the word "Trustee" shall mean "Trustee and any subsequent or substitute trustee(s) named in accordance with the terms of <br />this Security Instrument", the word "Note" shall mean "the Note and any other evidence of indebtedness secured by this <br />Security Instrument," the word "person" shall include an individual, corporation, limited liability company, partnership, <br />trust, unincorporated association, government, governmental authority, and any other entity, the word "Property" shall <br />include any portion of the Property and any interest therein, and the phrases "counsel fees" shall include any and all <br />attorneys', paralegal and law clerk fees and disbursements, including, but not limited to fees and disbursements at the pre- <br />trial, trial and appellate levels incurred or paid by Lender or Trustee in protecting their respective interest in the Property, <br />the Leases and the Rents and enforcing their rights hereunder, whether with respect to retained firms, the reimbursement <br />for the expenses of in-house staff or otherwise. <br /> <br />Section 19.2. HEADINGS. ETC. The headings and captions of various Articles and Sections of this Security <br />Instrument are for convenience of reference only and are not to be construed as defining or limiting, in any way, the scope <br />or intent of the provisions hereof. <br /> <br />ARTICLE 20. - MISCELLANEOUS PROVISIONS <br /> <br />Section 20.1. NO ORAL CHANGE. This Security Instrument, and any provisions hereof, may not be modified, <br />amended, waived, extended, changed, discharged or terminated orally or by any act or failure to act on the part of <br />Borrower or Lender, but only by an agreement in writing signed by the party against whom enforcement of any <br />modification, amendment, waiver, extension, change, discharge or termination is sought. <br /> <br />Section 20.2. LIABILUY. If Borrower consists of more than one person, the obligations and liabilities of each <br />such person hereunder shall be joint and several. This Security Instrument shall be binding upon and inure to the benefit <br />of Borrower and Lender and their respective successors and assigns forever. <br /> <br />Section 20.3. INAPPLICABLE PROVISIONS. If any term, covenant or condition of the Note or this Security <br />Instrument is held to be invalid, illegal or unenforceable in any respect, the Note and this Security Instrument shall be <br />construed without such provision. <br /> <br />Section 20.4. DUPLICATE ORIGINALS; COUNTERPARTS. This Security Instrument may be executed in <br />any number of duplicate originals and each duplicate original shall be deemed to be an original. This Security Instrument <br />may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of <br />which together shall constitute a single Security Instrument. The failure of any party hereto to execute this Security <br />