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2oioooi~~ paragraph 35 shall survive any termination, satisfaction or assignment of this Security Instrument and the exercise by Lender of any of its rights ar remedies hereunder including, but not limited to, the acquisition of the.Mortgaged Property by foreclosure or a conveyance in Iieu of foreclosure. 35. Notices. Any notice, demand, statement, request or consent made hereunder shall be effective and valid only if in writing, referring to this Security .Instrument, signed by the party giving such notice, and delivered either personally to such other party, or sent by nationally recognized overnight courier delivery service or by certified mail of the United States Postal Service, postage prepaid, return receipt requested, addressed to the other party's address indicated in the first paragraph hereof (or to such other address or person as either party or person entitled to notice may by notice to the other party specify). Unless otherwise specified, notices shall be deemed given as follows: (i) if delivered personally, when delivered; (ii) if delivered by nationally recognized overnight courier delivery service, on the Business Day following the Business Day such material is sent, or (iii) if sent by certified mail, three (3) Business Days after such notice has been sent by Borrower or .Lender. 37. Authorit ~ Cam Hance with ERISA and State Statutes on Governmental Plans. (a) Borrower (and the undersigned representative of Borrower, if any) has full power, authority and. right to execute, deliver and perform its obligations pursuant to this Security Instrument, and to mortgage, give, grant, bargain, sell, alien, enfeoff, convey, confirm, pledge, hypothecate and assign the Mortgaged Property pursuant to the terms hereof and to keep and observe all of the terms of this Security Instrument on Borrower's part to be performed. (b) Borrower represents and warrants that Borrower is not a "foreign person" within the meaning of § 1445(f)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and the related Treasury Department regulations, including temporary regulations. (c) Borrower represents and warrants that, as of the date of this Security Instrument and throughout the term of this Security Instrument, (i) Borrower is not, and is not acting on behalf of, an "employee benefit plan" that is subject to Title I of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or a plan to which Section 4975 of the Code applies, and (ii) the assets of such Borrower do not constitute or include "plan assets" of one or more such plans within the meaning of 29 C.F.R. §2510.3-101 and Section 3(42) of ERISA (items (i) and (ii), collectively, "Plans"). (d) Borrower represents and warrants to Lender that, as of the date of this Security Instrument and throughout the term of this Security Instrument (i) Borrower is not a "governmental plan" within the meaning of §3(32) of ERISA, and (ii) transactions by or with Borrower are not subject to state statutes regulating investments of or fiduciary obligations with respect to governmental plans. -53- 15445229.4.BUSiNESS