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<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 (l) 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 />repair, restore and otherwise deal with all and every part of the Property and conduct the
<br />business thereat; (ii) complete any construction on the Property in such manner and form as
<br />Lender deems advisable; (iii) make alterations, additions, renewals, replacements and
<br />NYLIa4 753776.3 -13-
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