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201000147
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Last modified
1/7/2010 4:35:55 PM
Creation date
1/7/2010 4:32:28 PM
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DEEDS
Inst Number
201000147
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2oioooa.4~ <br />Borrower. Borrower shall cause the foregoing rights of Lender and such license <br />and right of access to be agreed to by and binding upon all lessees of the <br />Mortgaged Property and all successors and assigns of such lessees. Borrower <br />shall promptly execute, and cause to be executed, any other documents reasonably <br />required by Lender in order to further confirm the foregoing rights of Lender and <br />such license and right of access. For the foregoing purposes, Borrower constitutes <br />and appoints Lender its true and lawful attorney-in-fact with full power of <br />substitution to exercise any. such rights in the name of Borrower. Borrower <br />empowers said attorney-in-fact to do any and every act which Borrower might do <br />in its own behalf to fulfill the terms of this Security Instrument, the other Loan <br />Documents and/or the Lease. It is further understood and agreed that the <br />foregoing power of attorney, which shall be deemed to be a power coupled with <br />an interest, cannot be revoked. Borrower specifically agrees that all powers <br />granted to Lender under this Security Instrument may be assigned by Lender to its <br />successors or assigns as holder of the Note. <br />24. Ri t of Entry. Subject to the rights of Lessee under the Lease (provided that no Lease <br />Default then exists), Lender and its agents shall have the right at any time during normal <br />business hours to enter and inspect the Mortgaged Property. <br />25. Remedies. <br />(a) Upon the occurrence and during the continuation of any Event of Default, Lender <br />may take such action, without notice or demand, as it deems advisable to protect <br />and enforce its rights against Borrower and in and to the Mortgaged Property, <br />including, but not limited to, the following actions, each of which may be pursued <br />concurrently or otherwise, at such time and in such order as Lender may <br />determine, in its sole discretion, without impairing or .otherwise affecting the <br />other rights and remedies of Lender: <br />(i) declare the entire Debt (including the Make Whole Premium, if payable <br />under the terms hereof or of the other Loan Documents) to be immediately <br />due and payable; <br />(ii) institute proceedings for the complete foreclosure of this Security <br />Instrument, as may be permitted by applicable laws, in which case the <br />Mortgaged Property or any interest therein may be sold for cash or upon <br />credit in one or more parcels or in several interests or portions and in any <br />order or manner; <br />(iii) with or without entry, to the extent permitted and pursuant to the <br />procedures provided by applicable law, institute proceedings for the partial <br />foreclosure of this Security Instrument for the portion of the Debt then due <br />and payable, subject to the continuing lien of this Security Instrument for <br />the balance of the Debt not then due; <br />-40- <br />
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