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201005956
<br />without demand, all such fees (as the same may be increased or decreased from time to time),
<br />and any additional fees of a similar type or nature which maybe imposed by Lender from time to
<br />time, upon the occurrence of any Event or otherwise. Wherever it is provided for herein that
<br />Borrower pay any costs and expenses, such costs and expenses shall include, but not be
<br />limited to, all reasonable legal fees and disbursements of Lender, whether retained firms,
<br />the reimbursement for the expenses of in-house staff or otherwise.
<br />Section 16.2. ATTORNEY'S FEES FOR ENFORCEMENT. (a) Borrower shall pay
<br />all reasonable legal fees incurred by Lender in connection with (i) the preparation of the Note,
<br />this Security Instrument and the Other Security Documents and (ii) the items set forth in Section
<br />16.1 above, and (b) Borrower shall pay to Lender on demand any and all expenses, including
<br />legal expenses and attorneys' fees, incurred or paid by Lender in protecting its interest in the
<br />Property or Personal Property or in collecting any amount payable hereunder or in enforcing its
<br />rights hereunder with respect to the Froperty or Personal Property, whether or not any legal
<br />proceeding is commenced hereunder or thereunder and whether or not any default or Event of
<br />Default shall have occurred, together with interest thereon at the Default Rate from the date
<br />paid ar incurred by Lender until such expenses are paid by Borrower.
<br />ARTICLE 17 -MISCELLANEOUS PROVISIONS
<br />Section 17.1. NO ORAL CHANGE. This Security Instrument, and any
<br />provisions hereof, may not be modified, amended, waived, extended, changed, discharged or
<br />terminated orally or by any act or failure to act on the part of Borrower or Lender, but only by an
<br />agreement in writing signed by the party against whom enforcement of any modification,
<br />amendment, waiver, extension, change, discharge or termination is sought.
<br />Section 17.2. INAPPLICABLE PROVISIONS. If any term, covenanC or
<br />condition of the Note or this Security Instrument is held to be invalid, illegal or unenforceable in
<br />any respect, the Note and this Security Instrument shall be construed without such provision.
<br />Section 17.3. HEADINGS, ETC. The headings and captions of various Sections of this
<br />Security Instrument are for convenience of reference only and are not to be construed as defining
<br />or limiting, in any way, the scope or intent of the provisions hereof.
<br />Section 17.4. SUBROGATION. If any or all of the proceeds of the Note have
<br />been used to extinguish, extend or renew any indebtedness heretofore existing against the
<br />Property, then, to the extent of the funds so used, Lender shall be subrogated to all of the
<br />rights, claims, liens, titles, and interests existing against the Property heretofore held by, or
<br />in favor af, the holder of such indebtedness and such former rights, claims, liens, titles, and
<br />interests, if any, are not waived but rather are continued in full force and effect in favor of
<br />Lender and are merged with the lien and security interest created herein as cumulative security
<br />far the repayment of the Debt, the performance and discharge of Borrower's obligations
<br />hereunder, under the Nate and the Other Security Documents and the performance and discharge
<br />of the Other Obligations.
<br />Section 17.5. RECONVEYANCE. Upon payment of the Debt, Lender shall
<br />request Trustee to reconvey the Property and shall surrender this Security Instrument to Trustee.
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