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<br /> awards, damages and other payments or relief (hereinafter "Proceeds") in
<br /> connection with condemnation or other taking of the Property or part thereof,
<br /> or for conveyances in lieu of condemnation. Lender shall be entitled at its
<br /> option to commence, appear in and prosecute in its own name any action or
<br /> proceedings, and shall also be entitled to make any compromise or settlement
<br /> in connection with such taking or damage. In the event any portion of the
<br /> Property is so taken or damaged, Lender shall have the option, in its sole and
<br /> absolute discretion, to apply all such Proceeds, after deducting therefrom all
<br /> costs and expenses incurred by it in connection with such proceeds, upon any
<br /> indebtedness secured hereby and in such order as Lender may determine, or to
<br /> apply all such Proceeds, after such deductions, to the restoration of the
<br /> Property upon such conditions as Lender may determine. Any application of
<br /> Proceeds to indebtedness shall not extend or postpone the due date of any
<br /> payments under the Note, or cure any default thereunder or hereunder.
<br /> 7. Performance by Lender. Upon the occurance of an Event of Default
<br /> hereunder, Borrower's failure to perform any of the covenants herein or make
<br /> any payments required hereby, or if any act is taken or legal proceeding
<br /> commenced which materially affects Lender's interest in the Property, Lender
<br /> may in its own discretion, but without obligation to do so, and without notice
<br /> to or demand upon Borrower and without releasing Borrower from any
<br /> obligation, do any act which the Borrower has agreed but fails to do and
<br /> may also do any other act it deems necessary to protect the security
<br /> hereof. Borrower shall, immediately upon demand therefor by Lender, pay to
<br /> Lender all costs and expenses incurred and sums expended by Lender in
<br /> connection with the exercise by Lender of the foregoing rights, together with
<br /> interest thereon at the default rate provided in the Note, which shall be
<br /> added to the indebtedness secured hereby. Lender shall not incur any personal
<br /> liability because of anything it may do or omit to do hereunder.
<br /> 8. Assignment of Rents. Borrower hereby assigns to Lender the rents,
<br /> issues and profits of the Property; provided that Borrower shall, until the
<br /> occurrence of an Event of Default hereunder, have the right to collect and
<br /> retain such rents, issues and profits as they become due and payable. Upon
<br /> the occurrence of an Event of Default, Lender may, either in person or by
<br /> agent, with or without bringing, any action or proceeding, or by a receiver
<br /> appointed by a court and without regard to the adequacy of its security, enter
<br /> upon and take possession of the Property, or any part thereof, in its own name
<br /> or in the name of the Trustee, and do any acts which it deems necessary or
<br /> desirable to preserve the value, marketability or rentability of the Property,
<br /> or any part thereof or interest therein, increase the income therefrom or
<br /> protect the security hereof and, with or without taking possession of the
<br /> Property, sue for or otherwise collect the rents, issues and profits thereof,
<br /> including those past due and unpaid, and apply the same, less costs and
<br /> expenses of operation and collection including attorneys' fees, upon any
<br /> indebtedness secured hereby, all in such order as Lender may determine. The
<br /> entering upon and taking possession of the Property, the collection of such
<br /> rents, issues and profits and the application thereof as aforesaid, shall not
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