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200603191 <br />Lender may take such action, without notice or demand, as it deems advisable to protect and <br />enforce its rights against Borrower and in and to the Property, including, but not limited to, the <br />following actions, each of which may be pursued concurrently or otherwise, at such time and in <br />such order as Lender may determine, in its sole discretion, without impairing or otherwise <br />affecting the other rights and remedies of Lender: <br />(a) declare the entire unpaid Debt to be immediately due and payable; <br />(b) institute proceedings, judicial or otherwise, for the complete foreclosure of <br />this Security Instrument under any applicable provision of law, in which case the Property or any <br />interest therein may be sold for cash or upon credit in one (1) or more parcels or in several <br />interests or portions and in any order or manner, <br />(c) with or without entry, to the extent permitted and pursuant to the <br />procedures provided by applicable law, institute proceedings for the partial foreclosure of this <br />Security Instrument for the portion of the Debt then due and payable, subject to the continuing <br />Lien and security interest of this Security Instrument for the balance of the Debt not then due, <br />unimpaired and without loss of priority; <br />(d) sell for cash or upon credit the Property or any part thereof and all estate, <br />claim, demand, right, title and interest of Borrower therein and rights of redemption thereof, <br />pursuant to power of sale or otherwise, at one or more sales, as an entirety or in parcels, at such <br />time and place, upon such terms and after such notice thereof as may be required or permitted by <br />law; <br />(e) institute an action, suit or proceeding in equity for the specific <br />performance of any covenant, condition or agreement contained herein, in the Note, the Loan <br />Agreement or in the other Loan Documents; <br />(f) recover judgment on the Note either before, during or after any <br />proceedings for the enforcement of this Security Instrument or the other Loan Documents; <br />(g) apply for the appointment of a receiver, trustee, liquidator or conservator <br />of the Property, without notice and without regard for the adequacy of the security for the Debt <br />and without regard for the solvency of Borrower, any guarantor, indemnitor with respect to the <br />Loan or of any Person liable for the payment of the Debt; <br />(h) the license granted to Borrower under Section 1.2 hereof shall <br />automatically be revoked and Lender shall immediately be entitled to possession of all Rents and <br />sums due under any Lease Guaranties, whether or not Lender enters upon or takes control of the <br />Property, and without regard to the adequacy of the security for the Debt, either in person or by <br />agent, nominee or attorney, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court, dispossess Borrower and its agents and servants from the Property, without <br />liability for trespass, damages or otherwise and exclude Borrower and its agents or servants <br />wholly therefrom, and take possession of the Property (subject to tenants' rights under the <br />Leases), and take possession of all books, records and accounts relating thereto and Borrower <br />agrees to surrender possession of the Property and of such books, records and accounts to Lender <br />upon demand, and thereupon Lender may (i) use, operate, manage, control, insure, maintain, <br />NYUB4 753775.3 -13 <br />