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201000151 proceeding which Lender, in its discretion, decides should be brought to protect its interest in the Mortgaged Fraperty (which action or proceeding may be brought in the name and on behalf of Borrower upon the occurrence and during the continuation of an Event of Default hereunder). Lender shall, at its option, be subrogated to the lien of any mortgage or other security instrument discharged in whole or in part by the Debt, and any such subrogation rights shall constitute additional security fox the payment of the Debt. 29. Waiver of Counterclaim. All amounts due under this Security Instrument, the Note and the other Loan Documents shall be payable without setoff, counterclaim or any deduction whatsoever. Borrower hereby waives the right to assert a setoff, counterclaim (other than a mandatory or compulsory counterclaim) or deduction in any action or proceeding brought against it by Lender. 30. Recover of Sums Re uired to Be Paid. Subject to the provisions of paragraph 51 hereof, Lender shall have the right from time to time, to the extent permitted by applicable law, to take action to recover any sum or sums which constitute a part of the Debt as the same become due, without regard to whether or not the balance of the Debt shall be due, and without prejudice to the right of Lender thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Borrower existing at the time such earlier action was commenced. 31. Marshalling and Other Matters. Borrower hereby waives, to the extent permitted by law, the benefit of all appraisement, valuation, stay, extension, reinstatement and redemption laws now or hereafter in force and all rights of marshalling in the event of any sale hereunder of the Mortgaged Property or any part thereof ar any interest therein. Further, Borrower hereby expressly waives any and all rights of redemption from sale under any order ar decree of foreclosure of this Security Instrument on behalf of Borrower, and on behalf of each and every person acquiring any interest in ar title to the Mortgaged Property subsequent to the date of this Security Instrument and on behalf of all persons to the extent permitted by applicable law. 32. Hazardous Waste and Other Substances. (a) Except as otherwise disclosed by those certain environmental assessment reports with respect to the Mortgaged Property, which reports furnished to Lender by or on behalf of Borrower prior to the date hereof (collectively, the "Environmental Report"), or otherwise disclosed to Lender in writing (including, without limitation, as disclosed in any Permitted Exceptions), Borrower hereby represents and warrants to Lender that, as of the date hereof Borrower has received no written notice (i) that the Mortgaged Property is in direct or indirect violation of any local, state or federal law, rule ar regulation pertaining to environmental regulation, contamination or clean-up (collectively, "Environmental Laws"), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq. and 40 C.F.R. §302.1 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Federal Water Pollution Control Act (also known as the Clean Water Act), the -46- 15445229.4.BUSINESS