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201000147 (j) if the Mortgaged Property or any part thereof is taken on execution or other process of law in any action against Borrower other than a condemnation proceeding; (k) if the holder of any lien or security interest on the Mortgaged Property (without implying the consent of Lender to the existence or creation of any such lien or security interest), whether superior or subordinate to this Security Instrument or any of the other Loan Documents, declares a default and such default is not cured within any applicable grace or cure period set forth in the applicable document or such holder institutes foreclosure or other proceedings for the enforcement of its remedies thereunder; (1) subject to the provisions of paragraph 4(b) hereof, if the Mortgaged Property becomes subject to any mechanic's, materialmen's or other lien (other than for local real estate taxes or assessments which are not then due and payable) and such lien shall remain undischarged of record (by payment, bonding or otherwise) for a period of sixty (60) calendar days after Borrower's actual knowledge thereof; (m) subject to the rights of Lessee to contest same as set forth in the Lease, if Borrower fails to cure, or fails to take commercially reasonable actions to enforce Lessee's obligations to cure, promptly any violations of laws or ordinances affecting the Mortgaged Property; (n) if Borrower fails to (i) permit on-site inspections of the Mortgaged Property (subject to the terms of the Lease, provided that no default beyond any applicable notice and/or cure period then exists under the Lease), or (ii) provide the financial information required pursuant to paragraph 15 hereof, and such breach or default continues for ten (10) days after written notice thereof from Lender; (o) if Borrower shall default in the observance or performance of any other term, covenant or condition of the Note, this Security Instrument or any of the other Loan Documents, and Borrower shall fail to remedy or cause to be remedied such default within thirty (30) days after notice by Lender to Borrower of such default, or if such default is of such a nature that it cannot with due diligence be cured within said thirty (30) day period, and Borrower shall not commence or cause to be commenced within said thirty (30) days, or shall not thereafter diligently prosecute, or cause to be prosecuted, to completion, all steps necessary to cure such default within a reasonable period of time; (p) if any default by Lessee under Section 20 of the Lease beyond any applicable notice and cure periods thereunder ("Lease Default") shall occur; and (q) if the Lease is canceled, terminated, abridged, modified or surrendered (other than as provided in the Lease) without the prior written consent of Lender. 22. Default Interest. Upon the occurrence of any Event of Default, Borrower shall pay interest on the unpaid principal balance of the Note at the Overdue Rate (as defined in the -38-