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period in excess of sixty (60) clays. 200603080
<br />ARTICLE 11. - RIGHTS AND REMEDIES
<br />Section 1.1.1. REMEDIES. Upon the occurrence of any Event of Default, Borrower agrees that Lender or
<br />Trustee may take such action, without notice or demand, 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 />(a) declare the entire unpaid Debt to be immediately due and payable;
<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 more particularly described hereinafter;
<br />(c) institute proceedings, judicial or otherwise, for the complete foreclosure of this Security Instrument
<br />under any applicable state 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 Debt and the expense of executing this
<br />trust, this SCCLII-ity 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 never have any right to require the sale or sales of less than the 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 be conducted in any order that the Trustee may
<br />deem expedient and any one 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 declaring 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 umnatured 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 ef'f'ect as though no sale had been made under the provisions of this Section.
<br />Any number of sales may he made hereunder without exhausting the right of sale for any unmatured part of the Debt
<br />Secured hereby;
<br />(d) institute an action, suit or proceeding in equity for the specific performance of any covenant,
<br />condition or agreement contained herein, in the Note or in the Other Security Documents;
<br />(I) rccovcr judgment on the Note either before, during or after any proceedings for the enforcement of
<br />this Security l.nstrutnent or the Other Security Documents;
<br />(_u) 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, Indernnit.or or of any person, firm or other entity liable for the payment of the Debt;
<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 bender 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 exClrldc 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 forego ja all lists g4aining to current rent and license fee arrears; any
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