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20100015.E (v) the misappropriation or misapplication of insurance or condemnation proceeds obtained by Borrower relating to the Mortgaged Property; (vi) any environmental matter(s) affecting the Mortgaged Property which is introduced or caused by Borrower or the beneficial owner of Borrower; (vii) any waste of or damage to the Mortgaged Property caused by the willful or wanton acts or omissions of Borrower or its agents; (viii) the willful or grossly negligent material violation by Borrower of any law, ordinance, rule, or regulation applicable to Borrower or the Mortgaged Property; (ix) the termination or amendment of the Lease by Borrower in violation of the terms hereof; (x) the failure of Borrower to maintain its existence as a single asset, special purpose entity in good standing, as required by this Security Instrument (provided, however, that a breach of paragraph 20(f) or 20(m) of this Security Instrument resulting solely from the failure of Lessee to pay rent or other amounts due and payable under the Lease, shall not be considered a failure of Borrower to maintain its existence as a single asset, special purpose entity in good standing under this paragraph 51(f)(x)); (xi) the violation of the "radius restriction" contained in section 15 of the Lease; (xii) Borrower fails to obtain Lender's prior written consent to any subordinate financing or other voluntary lien caused by Borrower or its agent encumbering the Mortgaged Property as required by this Security Instrument; and (xiii) Borrower fails to obtain Lender's prior written consent to any Sale or Transfer if and to the extent required by this Security Instrument. Notwithstanding anything to the contrary in this Security Instrument, the Note or any other Loan Documents, Lender shall not be deemed to have waived any right which Lender may have under §§506(a), 506(b), 1111(b) or any other provisions of the Bankruptcy Code to file a claim far the full amount of the Debt secured by this Security Instrument or to require that all collateral shall continue to secure all of the Debt owing to Lender. 52. GOVERNING LAW• SUBMISSION TO JURISDICTION. THIS SECURITY INSTRUMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS THEREOF. EACH BORROWER AND EACH ENDORSER OR GUARANTOR HEREBY SUBMITS TO PERSONAL JURISDICTION IN SAID STATE OR COMMONWEALTH AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA LOCATED IN SAID STATE OR COMMONWEALTH (AND ANY APPELLATE COURTS -58- 15445229.4.Bl1SINESS