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2oioo595s <br />other action of a nature referred to in clause (i) above which (A) results in the entry of an order <br />for relief or any such adjudication ar appointment or (B) remains undismissed, undischarged or <br />unbonded for a period of sixty (60) days; or (iii) the Borrower, or any general partner or <br />managing member of Borrower, shall take any action in furtherance of, or indicating its <br />consent to, approval of, or acquiescence in, any of the acts set forth in clause (i) or (ii) above; (h) <br />if Borrower shall be in default under any other mortgage, deed of trust, deed to secure debt or <br />other security agreement covering any part of the Property whether it be superior or junior in <br />lien to this Security Instrument; (i) if for more than thirty (30) days after notice from <br />Lender, Borrower shall continue to be in default under any other term, covenant or condition <br />of the Loan Agreement, the Note, this Security Instrument or the Other Security Documents; or <br />(j) a default beyond applicable notice or cure periods (if any) shall occur under any Other <br />Security Documents. <br />ARTICLE 11~ RIGHTS AND REMEDIES <br />Section 11,1. REMEDIES. Upon the occurrence of any Event of Default, <br />Borrower agrees that Lender may take such action, without notice or demand, as it deems <br />advisable to protect and enforce its rights against Borrower and in and to the 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 determine, in its sole <br />discretion, without impairing or otherwise affecting the other rights and remedies of Lender: (a) <br />declare the entire unpaid Debt to be immediately due and payable; (b) institute proceedings, <br />judicial or otherwise, for the complete foreclosure of this Security Instrument under any <br />applicable provision of law in which case the Property or any interest therein may be sold for <br />cash or upon credit in one or more parcels or in several interests or portions and in any order or <br />manner; (c) with or without entry, to the extent permitted and pursuant to the procedures <br />provided by applicable law, institute proceedings for the partial foreclosure of this Security <br />Instrument for the portion of the Debt then due and payable, subject to the continuing lien <br />and security interest of this Security Instrument for the balance of the Debt not then due, <br />unimpaired and without loss of priority; (d) sell for cash or upon credit the Property or any <br />part thereof and all estate, claim, demand, right, title and interest of Borrower therein and rights <br />of redemption thereof, pursuant to power of sale or otherwise, at one or more sales, as an entity <br />or in parcels, at such time and place, upon such terms and after such notice thereof as may <br />be required or permitted by law; (e) institute an action, suit or proceeding in equity for <br />the specific performance of any covenant, condition or agreement contained herein, in the <br />Loan Agreement, in the Note or in the Other Security Documents; (f) recover judgment on <br />the Note ar the Loan Agreement either before, during or after any proceedings for the <br />enforcement of this Security Instrument or the Ocher Security Documents; (g) apply for the <br />appointment of a receiver, trustee, liquidator or conservator of the Property, without notice and <br />without regard for the adequacy of the security for the Debt and without regard for the solvency <br />of Borrower or of any person ar other entity liable for the payment of the Debt; (h) subject to <br />any applicable law, the license granted to Borrower under Section 1.2 shall automatically be <br />revoked and Lender may enter into or upon the Property, either personally ar by its agents, <br />nominees ar attorneys and dispossess Borrower and its agents and servants therefrom, <br />without liability for trespass, damages or otherwise and exclude Borrower and its agents or <br />servants wholly therefrom, and take possession of all books, records and accounts relating <br />thereto and Harrower agrees to surrender possession of the Property and of such books, records <br />7088330v3 1 4 <br />