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86-- 101815 <br />material. The Lenders acknowledge that the Premises are <br />largely service stations used for the servicing of motor <br />vehicles and the retail sale of gasoline, oil and related <br />products. It will not be a Default under this Paragraph for <br />the Mortgagor to keep, store, use or sell any Hazardous <br />Materials which are commonly kept, stored, used, or sold by <br />those in Mortgagor's business, provided such materials are <br />kept, sold, stored, and used in a manner complying with <br />applicable law. <br />II. DEFAULT; R E M E D I ES <br />The Mortgagor further covenants and agrees as follows: <br />2.1. Defaults; Acceleration. The occurrence of any of <br />the following shall constitute a "Default" hereunder: (a) <br />any failure of the Mortgagor timely to make any payment of <br />any principal on, or of interest or any other amount under, <br />the Notes, the Surco Note, the Guaranteed Obligations <br />(Banks) or the Guaranteed Obligations (subject to applicable <br />grace periods contained in the Notes, the Surco Notes, the <br />Bank Guaranty, and the Surco Guaranty); (b) any other <br />default, or failure of the Mortgagor timely and properly to <br />perform any of its other obligations, hereunder or under the <br />Notes, the Surco Note, the Bank Guaranty, the Surco <br />Guaranty, the Loan Agreement or any of the Security <br />Documents; (c) the dissolution, termination, bankruptcy, <br />reorganization or arrangement of the Borrower or the <br />institution of any legal proceeding in which the relief <br />requested includes a declaration of any of the foregoing; <br />(d) damage to, or the destruction of, all or any substantial <br />part of the Premises; (e) the commencement of proceedings <br />for the condemnation, or taking by eminent domain, of all or <br />any substantial part of the Premises; or, (f) the occurrence <br />of any Event of Default under the Surco Note, the Surco <br />Guaranty, the Bank Guaranty or the Loan Agreement. Upon the <br />occurrence of any Default (but subject to the provisions of <br />the Loan Agreement, the Surco Note, the Surco Guaranty, the <br />Notes and the Bank Guaranty), the entire indebtedness <br />evidenced by the Notes and all other Liabilities, together <br />with interest thereon at the rate applicable after maturity <br />as provided in the Notes (in the case of the Guaranteed <br />Obligations and the Guaranteed Obligations (Banks), at the <br />"Default Rate" as set forth in the largest (in face amount) <br />unpaid promissory note making up part of the Guaranteed <br />Obligations or Guaranteed Obligations (Banks), as the case <br />may be and in the case of the Surco Note, at the "Default <br />Rate" as set forth in the Surco Note), shall, at the option <br />of the Agent (or Surco after such time as all the <br />-22- <br />