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201005956
<br />rights of Lender under this Security Instrument shall be separate, distinct and cumulative and
<br />none shall be given effect to the exclusion of the others. No act of Lender shall be construed as
<br />an election to proceed under any one provision herein to the exclusion of any other provision.
<br />Lender shall not be limited exclusively to the rights and remedies herein stated but shall be
<br />entitled to every right and remedy now or hereafter afforded at law or in equity.
<br />Section 11.8. VIOLATION OF LAWS. If the Property is not in compliance
<br />with Applicable Laws, Lender may impose additional requirements upon Borrower in
<br />connection herewith including, without limitation, monetary reserves or financial equivalents.
<br />Section 11.9. RIGHT OF ENTRY. Lender and its agents shall have the right to
<br />enter and inspect the Property at all reasonable times.
<br />ARTICLE 12- INDEMNIFICATION
<br />Section 12.1. GENERAL INDEMNIFICATION. Borrower shall, at its sole cost and
<br />expense, protect, defend, indemnify, release and hold harmless the Indemnified Parties from and
<br />against any and all claims, suits, liabilities (including, without limitation, strict liabilities),
<br />actions, proceedings, obligations, debts, damages, losses, costs, expenses, diminutions in value,
<br />fines, penalties, charges, fees, expenses, judgments, awards, amounts paid in settlement, punitive
<br />damages, foreseeable and unforeseeable consequential damages, of whatever kind or
<br />nature (including but not limited to attorneys' fees and other costs of defense) (the
<br />"Losses") imposed upon or incurred by or asserted against any Indemnified Parties and
<br />directly or indirectly arising out of or in any way relating to any one or more of the following,
<br />except to the extent any of the following are attributable to the gross negligence or willful
<br />misconduct of an Indemnified Party: (a) ownership of this Security Instrument, the Property
<br />or any interest therein or receipt of any Rents; (b) any amendment to, or restructuring
<br />of, the Debt, the Loan Agreement, the Note, this Security Instrument, or any Other
<br />Security Documents; (c) any and all lawful action that may be taken by Lender in connection
<br />with the enforcement of the provisions of this Security Instrument, the Loan Agreement, the
<br />Note or any of the Other Security Documents, whether or not suit is filed in connection
<br />with same, or in connection with Borrower or any partner, joint venturer or shareholder thereof
<br />becoming a party to a voluntary or involuntary federal or state bankruptcy, insolvency or similar
<br />proceeding; (d) any accident, injury to or death of persons or loss of or damage to
<br />property occurring in, on or about the Property or any part thereof or on the adjoining
<br />sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; and (e) any
<br />use, nonuse or condition in, on or about the Property or any part thereof or on the
<br />adjoining, sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways.
<br />Any amounts payable to Lender by reason of the application of this Section 12.] shall
<br />become immediately due and payable and shall bear interest at the Default Rate from the
<br />date loss or damage is sustained by Lender until paid. For purposes of this Article 12, the
<br />term "Indemnified Parties" means Lender and any person or entity who is or will have been
<br />involved in the origination of the loan evidenced by the Note, any person or entity who is or
<br />will have been involved in the servicing of the loan evidenced by the Note, any person or
<br />entity in whose name the encumbrance created by this Security Instrument is or will
<br />have been recorded, persons and entities who may hold or acquire or will have held a full or
<br />partial interest in the loan evidenced by the Note as well as the respective directors, officers,
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