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<br />84....-1f
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<br />Commercial Code or other applicable law as in effee:tfromtim~"'to<
<br />time or otherwise available to it, under applicCable lalif,mcii.'
<br />Grantor hereby expressly waives presentment, demarIo, rloticie"\9if;'
<br />dishonor, protest and notice of protest in connect:ionw:ttl1"t~~F
<br />Note and, to the fullest extent permitted by appliciible.l.aw.,a.~Y"
<br />and all other notices, advertisements, hearing and/or pr,oCes-S:o~,"
<br />law in connection with the exerci se by the Beneficiaryofani9f'
<br />its ri gh't:s and remedi es hereunder, The Grantor herel:l.Yi'
<br />consti tutes the Beneficiary its attorney-in-fact with full.pow.er
<br />of substitution to take possession of the Collateralupon.aity
<br />Defaul t and, as the Beneficiary in its sole discretion' deems.
<br />necessary or proper, to execute and deliver all instruments
<br />requ:tred by the Grantor to accomplish the disposition of the
<br />Collateral; this po....er of attorney is a power coupled with an
<br />interest and is irrevocable while any of the Liabilities are.
<br />outstanding,
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<br />2.~, Performance of Contracts. The Beneficiary may, in its
<br />sole discretion at any time after the occurrence of a Default,
<br />notify any person obl~gated to the Grantor under or with respect
<br />to any Contract for Sale or any Contract for Construction of the
<br />ex~stence of a Default, require that performance be made directly
<br />to the Benefic:tary at the Grantor' expense, and advance such
<br />sums as are necessary or appro: "L,-:.e to s .cisfy the Grantor's
<br />obligations thereunder; al'.c t.ha ,~'antor agrees to cooperate with
<br />the Beneficiary 1n all ways reasonably requested by the
<br />Beneflclary (lncluding the giving of any notices requested by, or
<br />jOlnlng l.n any no~:tces glven by, :"he Beneficiary) to accomplish
<br />the foregolng,
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<br />2 .8, ti2.. L_l_aSs...l.g.::..... ()!l._!3_~neJ"~E_~,<i.D:" Notwi thstanding anything
<br />cont.ained :..__ _...... 'the Eenaf::.ciary shall not be obllQated to
<br />perform or dlscharge, and does not hereby undertake to perform or
<br />dlscharge# any .:)bligat:.icn, dU1:y or liabillty of the GrClntor,
<br />whether hereunder, under any of the Leases, under any Contract
<br />for Cons~ruct:on~ under any Contract for Sale or otherw~sel and
<br />the G~antcr shall and does hereby agree to indemnify against and
<br />hold ~he Beneficl.ary harmless of and from: any and all
<br />llablli ty. 4.05S O~ damage WhlCh the BenefJ..ciary may incur under
<br />or with respect to any of the Collateral or under or by reason of
<br />its exerCIse of rIghts hereunder; and any and all claims and de-
<br />mands whatsoever winch may be asserted agalnst it by reason of
<br />any alleged obllgatlons or undertakings on its part to perform or
<br />di scharge any of the terms, covenants or aq!'eements contained in
<br />any of the Collateral or In any of the contracts, documents or
<br />instruments eVldencing or creating any of the Collate1.~al. The
<br />Beneficiary shall not have respons:tbllity for the control, care,
<br />management or repaIr of the PremIses or be responsible or l:table
<br />for any negl:tgence in the management, operatIon, upkeep, repaIr
<br />or control of the Premlses resulting :tn loss or inJury or death
<br />to any tenant, l:tcensee, employee, stranger or other person, No
<br />liabili ty shall be enforced or asserted against the Beneficlary
<br />1n its exerCIse of the powers herein granted to it., and the
<br />Grantor expressly waives and releases any such liability. Should
<br />the BenefiCIary Incur any such liabIl1ty, loss or damage under
<br />any of the Leases or under or by reason hereof, or in the defense
<br />of any c 1 a:tms or demands, the Grantor agrees to reImburse the
<br />Beneficiary 1mmedlately upon demand for the full amount thereof,
<br />Includlng costs, expenses und attorneys' fees.
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<br />-20.
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