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240508119 <br />8714801 <br />powers possessed by Borrower prior to such assignment and Lender shall have the right to modify, extend or terminate such <br />existing leases and to execute new leases, in Lender's sole discretion. <br />17. REMEDIES CUMULATIVE. Each remedy provided in this Instrument is distinct and cumulative to all other rights or <br />remedies under this Instrument or afforded by law or equity, and may be exercised concurrently, independently, or successively, in <br />any order whatsoever. <br />18. ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower shall voluntarily file a petition under the <br />Federal Bankruptcy Act, as such Act may from time to time be amended, or under any similar or successor Federal statute relating <br />to bankruptcy, insolvency, 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 vacation or stay of <br />involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower, or if Borrower shall be adjudged a <br />bankrupt, or if a trustee or receiver shall be appointed for Borrower or Borrower's property, or if the Property shall become subject <br />to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower shall make an assignment for the benefit of <br />Borrower's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower's assets and such <br />seizure is not discharged within ten days, the Lender may, at Lender's option, declare all of the sums secured by this Instrument to <br />be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 27 <br />of this Instrument. Any attorney's fees and other expenses incurred by Lender in connection with Borrower's bankruptcy or any of <br />the other aforesaid events shall be additional indebtedness of Borrower secured by this Instrument pursuant to paragraph 8 hereof. <br />19. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWER; ASSUMPTION. <br />(a) The occurrence of any of the following events shall constitute an Event of Default under this Instrument: <br />(1) <br />a Transfer of all or any part of the Mortgaged Property or any interest in the Mortgaged Property; <br />(2) <br />a Transfer of a Controlling Interest in Borrower; <br />(3) <br />a Transfer of a Controlling Interest in any entity which owns, directly or indirectly through one or more <br />intermediate entities, a Controlling Interest in Borrower; <br />(4) <br />a Transfer of all or any part of "Guarantor's" (as defined in that certain Limited Guaranty of Payment in favor <br />of Lender dated as of the date hereof) ownership interests (other than limited partnership interests) in <br />Borrower, or in any other entity which owns, directly or indirectly through one or more intermediate entities, <br />an ownership interest in Borrower; <br />(5) <br />intentionally deleted; <br />(6) <br />if Borrower is a trust, the termination or revocation of such trust; and <br />(7) <br />a conversion of Borrower from one type of legal entity into another type of legal entity, whether or not there <br />is a Transfer. <br />Lender shall not <br />be required to demonstrate any actual impain-nent of its security or any increased risk of default in order to <br />exercise any of its remedies <br />with respect to an Event of Default under this Section 21. <br />(b) The occurrence of any of the following events shall not constitute an Event of Default under this Instrument, <br />notwithstanding any provision of Section 21(a) to the contrary: <br />(1) <br />a Transfer to which Lender has consented; <br />(2) <br />a Transfer that occurs by devise, descent, or by operation of law upon the death of a natural person; <br />(3) <br />the grant of a leasehold interest in an individual dwelling unit for a term of two years or less not containing an <br />option to purchase; <br />