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<br />200605846
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<br />18. ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower shall
<br />voluntarily file a petition under the United States Bankruptcy Code, as such Code may from time to time
<br />be amended, or under any similar successor federal statute relating to bankruptcy, insolvency,
<br />arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an
<br />involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower shall fail to obtain a
<br />vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of
<br />Borrower within sixty (60) days from the commencement of such proceedings, or if Borrower shall be
<br />adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or Borrower's property, or
<br />if the Real Property shall become subject to the jurisdiction of a federal bankruptcy court or similar state
<br />court, or if Borrower shall make an assignment for the benefit of Borrower's creditors, or if there is an
<br />attachment, execution or other judicial seizure of any portion of Borrower's assets and such seizure is not
<br />discharged within ten (10) days, then Lender may, at Lender's option, declare all of the sums secured by
<br />this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may
<br />invoke any remedies permitted by this Instrument. Furthermore, Lender shall be entitled to relief from
<br />any automatic stay imposed by Section 362 of Title 11 of the U.S. Code, as amended, on or against the
<br />exercise of the rights and remedies otherwise available to Lender, and Borrower hereby waives the
<br />benefits of such automatic stay and consents and agrees to raise no objection to such relief. Any
<br />attorneys' fees and other expenses incurred by Lender in connection with Borrower's bankruptcy or any
<br />of the other aforesaid events shall be additional indebtedness of Borrower secured by this Instrument
<br />pursuant to the terms hereof.
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<br />19. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN
<br />BORROWER. If Borrower sells, exchanges, conveys, alienates, assigns, disposes of, encumbers,
<br />pledges or transfers all or any portion of the Real Property (except as hereinafter provided), or if
<br />Borrower executes any agreement or contract creating any right to or any equitable interest in the title to
<br />the Real Property or any part thereof, or executes any agreement or contract granting a possessory right in
<br />the Real Property or any part thereof (including, without limiting the generality of the foregoing, outright
<br />conveyance, conveyance or alienation by land installment contract or contract for deed, alienation by
<br />lease or rental agreement with an option to purchase, and the granting of deeds of trust, mortgages, liens,
<br />and security interests subordinate to this Instrument), or if all or any part of any ownership interest in
<br />Borrower of whatever nature whatsoever is sold, exchanged, conveyed, alienated, assigned, disposed of,
<br />encumbered, pledged or transferred, then at Lender's option the amount owing under the Revolving Loan
<br />Agreement and all of the sums secured by this Instrument shall be immediately and automatically due and
<br />payable in full, and Lender may invoke any remedies permitted by law and/or this Instrument. The
<br />conveyance or transfer of Borrower's interest in the Real Property or any interest in Borrower as a result
<br />of foreclosure of a subordinate lien or a security interest or a transfer by operation of law (except as
<br />otherwise provided below) shall constitute a sale or transfer subject to this paragraph. The foregoing
<br />acceleration shall not apply in case of any lease, sale, transfer or similar transaction permitted under the
<br />Revolving Loan Agreement.
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<br />Should Borrower request that Lender not exercise the right to accelerate the amount owing under
<br />the Revolving Loan Agreement and the other indebtedness secured hereby, Lender may withhold consent
<br />in its sole discretion and, if approved, may impose certain conditions as consideration for such agreement
<br />not to accelerate, including, without limiting the generality of the foregoing, any or all of the terms set
<br />forth under the Revolving Loan Agreement and other Loan Documents. Inasmuch as the loans made to
<br />Borrower under the Revolving Loan Agreement were based in part on the financial and management
<br />responsibility and experience of Borrower, it is specifically understood and agreed that Lender's consent
<br />may be given or withheld by Lender in the exercise of its sole discretion, and failure to receive such
<br />consent prior to any such transfer or conveyance or attempt thereafter shall be deemed a breach hereof.
<br />Should Lender forbear from accelerating the payment of the amount owing under the Revolving Loan
<br />Agreement and the other indebtedness secured hereby by reason of any of the foregoing, the assignee of
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