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200603080
<br />Lease or the preparatimi m ivview of any subordination, non - disturbance agreement (the occurrence of any of the above
<br />shall be called an "EN/cut'' t. Borrower further acknowledges and confirms that it shall be responsible for the payment of
<br />all costs of reapprai:,�tl I' [lie Property or any part thereof, whether required by law, regulation, Lender or any
<br />governmental or quasi- 100vcrnmental authority. Borrower hereby acknowledges and agrees to pay, immediately, with or
<br />without demand, all sup_ Ia fres (as the same may be increased or decreased from time to time), and any additional fees of a
<br />similar type or nrtttuc ,dBich may be imposed by bender from time to time, upon the occurrence of any Event or
<br />otherwise. Wherever i; provided for herein that Borrower pay any costs and expenses, such costs and expenses shall
<br />include, but not bc. limitc,! to, all reasonable attorneys fees of Lender.
<br />Section 18.2. \ I"l'OIZNEYS FEES FOR EN17ORCEMENT.. (a) Borrower shall pay all reasonable attorneys fees
<br />and costs incurred by I.ciider in connection with (i) the preparation of the Note, this Security Instrument and the Other
<br />Security DOelllnelat5; „nt! ii) the items set forth in Section 18.1 above, and (b) Borrower shall pay to Lender on demand
<br />any and all expenses. ins iuding legal fees and costs incurred or paid by Lender, regardless of whether at a pre - trial, trial or
<br />appellate level, in prot,,� ting its interest in the Propertv or in collecting any amount payable under the Note, this Security
<br />Instrument or the Ot.hcr curity Documents, or in eiflorcing its rights hereunder with respect to the Property, whether or
<br />not any legal procccoinl� is cornmenced hereunder or thereunder, and whether or not the attorneys fees or costs are
<br />incurred at a piv litiL,;itioii, litigation or appellate level, together with interest thereon at the .Default Rate from the date
<br />paid or incurred by Lcrtl r until such expenses are paid by Borrower.
<br />ARTICLE; 19. - DEFINITIONS
<br />Section 1).1. C i M; RAL DEFINITIONS. Unless the context clearly indicates a contrary intent or unless
<br />olherwise spcciliutlly i ,, idcd herein, words used in this Security Instrument may be used interchangeably in singular or
<br />Plural form and Lhe wt,ni 'Borrower" shall mean "each Borrower and any subsequent owner or owners of the Property or
<br />any part thereof or any inirrest therein," the word "Lender" shall mean "Lender and any subsequent holder of the Note,"
<br />the word "Trustee:" shall irican "Trustee and any subsequent or substitute trllStCC(S) named in accordance with the terms of
<br />this Security Tntin um iii "..hc word "Note" shall mean "the Note and any other evidence of indebtedness secured by this
<br />Security Instrument," ;IW Word "person" shall include an individual, corporation, limited liability company, partnership,
<br />trust, unincorporated :is,mx ration, government, govertnnental authority, and any other entity, the word "Property" shall
<br />include arty portion of iir: Property and any interest therein, and the phrases "counsel fees" shall include any and all
<br />attorneys', paralc al Lu J i c,v clerk fees and disbnrserrients, including, but not limited to fees and disbursements at the pre-
<br />trial, trial and appellate l , cls incurred or paid by Lender or Trustee in protecting their respective interest in the Property,
<br />the Leases and (he IZcnt. ;ind enforcing their rights hereunder, whether with respect to retained firms, the reimbursement
<br />for the expenses of in it„ i,c staff or otherwise.
<br />Section 19.2. i ,.:,WINGS,_E'TC.. The headings and captions of various Articles and Sections of this Security
<br />InStrnncnt arc fol of reference only and are not to be construed as defining or limiting, in anyway, the scope
<br />or intent of the provisi� ,n:, hereof.
<br />ARTICLE 20. - MISCN IA,A.NEOUS PROVISIONS
<br />Section 20.1. J` ? ORAL CHANGE,. This Security Instrument, and any provisions hereof, may not be modified,
<br />amended, waived. ;, d. changed, discharged or terminated orally or by any act or failure to act on the part of
<br />Borrower or Lender. ,,ui only by an agreement in writing signccl by the party against whom enforcement of any
<br />modification, amendnaciii. waiver, extension, change, discharge or termination is sought.
<br />Section 20.2. i .l: \1ill._,ITY. If Borrower consists of more than one person, the obligations and liabilities of each
<br />such person hereunder ,lu,il be _joint and several. This Security l.nst.rutnent shall be binding upon and inure to the benefit
<br />of Borrower and L.cncl.: � :d tiwir respective successors and assigns forever.
<br />Section 20.3. ,Pv' \PI'I.ICABLE..PROVISIONS. If any term, covenant or condition of the Note or this Security
<br />Instrunncnt is hrld to Ix' !!valid, illegal or unenforceable in any respect, the Note and this Security Instrument shall be
<br />conslruccl withotit su,'i.
<br />Section 20.4. I>t.'PI.ICATE ORJGINALS�_COUNTERPARTS. This Security Instrument may be executed in
<br />any number of duplir,i; : i;.tiruals and each duplicate original shall be deemed to be an original. This Security Instrument
<br />may be executed ins , . r.l (_:ounterparts, each of which counterparts shall be deemed an original instrument and all of
<br />which together shall ��1 :)1iitute a single Security anent. The failure of any party hereto to execute this Security
<br />YY) � /? . tl . - f
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