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<br />200806031 <br /> <br />(d) At Beneficiary's request, Grantor shall enter into a Subordination, Nondisturbance <br />and Attornment Agreement in form and substance reasonably acceptable to Beneficiary with respect to all <br />Property Leases with tenants of the Property which are not Affiliates of Grantor. <br /> <br />10. Propertv Leases and Collection of Revenues. <br /> <br />Grantor will not, without the prior written consent of Beneficiary, amend, supplement or <br />otherwise modify, or grant any concessions to or waive the petformance of any obligations of any tenant, <br />lessee or licensee under, any now existing or future Property Lease, or enter into any new Property Lease <br />of all or any portion of the Property, in each case if the effect of such amendment, supplement, <br />modification, concession, waiver or new Property Lease would reasonably be expected to have a Material <br />Adverse Effect. Grantor agrees not to collect or accept the payment of any Revenues, or other income or <br />profit from, or on account of, any use or occupancy of the Property, in advance of the time when such <br />payment becomes due unless Grantor reasonably believes the creditworthiness of the tenant is at issue or <br />such amount is delivered to Beneficiary to be applied to the Secured Obligations, in the manner set forth <br />in the Credit Agreement. <br /> <br />11. Remedies Cumulative. <br /> <br />All remedies provided in this Deed of Trust are distinct and cumulative to any other right or <br />remedy under this Deed of Trust or under the other Loan Documents or afforded by law or equity, and <br />may be exercised concurrently, independently or successively. <br /> <br />12. Taxation of Mortl!al!es. <br /> <br />In the event of the enactment of any law deducting from the value of the Property any mortgage <br />Lien thereon, or imposing upon Beneficiary the payment of all or part of the Taxes, charges or <br />assessments previously paid by Grantor pursuant to this Deed of Trust, or changing the law relating to the <br />taxation of mortgages or Beneficiary's interest in the Property so as to impose new incidents of Tax, then <br />Grantor shall pay such Taxes or assessments or shall reimburse Beneficiary therefor (and such obligation <br />shall constitute a Secured Obligation). Beneficiary agrees to use commercially reasonable efforts to <br />provide notice to Grantor prior to making any such payment; provided that failure to provide such notice <br />shall not affect Grantor's obligations pursuant to this Paral!:raph 12. <br /> <br />13. Events of Default and Acceleration. <br /> <br />The occurrence of any "Event of Default" as defined in the Credit Agreement shall constitute an <br />Event of Default hereunder. If an Event of Default shall have occurred and be continuing, the Secured <br />Obligations may be accelerated (or shall be deemed accelerated) pursuant to the terms of the Credit <br />Agreement, whereupon the same shall become immediately due and payable, and without presentment, <br />protest, demand or other notice of any kind, all of which are hereby expressly waived by Grantor. No <br />omission to exercise such option when entitled to do so shall be construed as a waiver of such right. <br /> <br />14. Rie:hts and Remedies. <br /> <br />(a) Upon the occurrence and during the continuation of any Event of Default, and <br />whether or not the maturity of the Secured Obligations shall have been accelerated pursuant to Paral!:faph <br />11 hereof or otherwise, Beneficiary, at its option, may: <br /> <br />(i) institute an action of mortgage foreclosure whether by judicial order or <br />power of sale, entry or in any other manner provided for hereunder or under the laws of <br /> <br />7 <br />