Common use of COMPLETION OF IMPROVEMENTS BY LENDER Clause in Contracts

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Property, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyProject Property following the occurrence of an Event of Default, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including including, but not limited to to, making changes in the Plans and Specifications, work, or materials and entering into, modifying modifying, or terminating any contractual arrangements, subject to Lender's ’s right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Following an Event of Default, Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's ’s option, either in Borrower's ’s name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered an expense paid by Lender that is subject to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount section of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. this Agreement entitled “Lender’s Expenditures.” For these purposes, Borrower assigns to Lender all of its right, title title, and interest in and to the Project Documents; however . However, Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right (but is under no obligation) to exercise any of Borrower’s rights of Borrower under the Project Documents upon following the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender’s rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyCollateral, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral Collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralCollateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender's rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyCollateral, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-factauthorizes Lender, with full power of substitution, to complete the Improvements, at Lender's option, to complete the Improvements either in Borrower's name or in its own name. It is understood that nothing set forth herein shall require Lender to take any such action. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral Collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralCollateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender's rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyCollateral, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of at substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral Collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralCollateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender's rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyCollateral, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral Collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be as an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralCollateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an any Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender's rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the PropertyCollateral, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's ’s right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-factauthorizes Lender, with full power of substitution, at Lender’s option, to complete the Improvements, at Lender's option, Improvements either in Borrower's ’s name or in its own name. It is understood that nothing set forth herein shall require Lender to take any such action. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral Collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralCollateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender’s rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Mortgaged Property, it may take any and all actions necessary in its judgment to complete construction of the Tenant Improvements, including including, but not limited to to, making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangementsProject Documents, subject to Lender's ’s right at any time to discontinue any work without liability. If Lender elects to complete the Tenant Improvements, it will not assume any liability to Borrower or to any other person Person for completing the Tenant Improvements or for the manner or quality of construction of the Tenant Improvements, and LOAN AGREEMENT - 14 Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Tenant Improvements, at Lender's ’s option, either in Borrower's ’s name or in its own name. In any event, all sums expended by Lender in completing the construction of the Tenant Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the LoanMortgaged Property. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the rate set forth in the Note rate and being secured by the collateralMortgaged Property. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however provided, however, Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees in writing to assume such obligations in writingobligations. Upon the occurrence of an Event of Default, Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence Documents. Except as may be prohibited by applicable law, all of an Event of Default. All rightsLender’s rights and remedies, powers, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Property, it may take any and all actions necessary in its Its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvementsimprovements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Property, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however however, Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:: Agency. Nothing in this Agreement shall be construed to constitute the creation of a partnership or joint venture between Lender and Borrower or any contractor. Lender is not an agent or representative of Borrower. This Agreement does not create a contractual relationship with and shall not be construed to benefit or bind Lender in any way with or create any contractual duties by Lender to any contractor, subcontractor, materialman, laborer, or any other person.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes Lendxx xxxes possession of the Property, it may take any and all actions action necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right Lendxx'x xight at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as Lendxx xx its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's optionLendxx'x xption, either in Borrower's name or in its own name. In any event, all sums expended by Lender in Lendxx xx completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Property, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the LoanBorrower. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralrate. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Projects Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:Projects

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Mortgaged Property, it may take any and all actions necessary in its judgment to complete construction of the ImprovementsTenant Improvements or Capital Expenditures, including as applicable, including, but not limited to to, making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangementsProject Documents, subject to Lender's ’s right at any time to discontinue any work without liability. If Lender elects to complete the ImprovementsTenant Improvements or Capital Expenditures, as applicable, it will not assume any liability to Borrower or to any other person Person for completing the Tenant Improvements or Capital Expenditures, as applicable, or for the manner or quality of construction of the ImprovementsTenant Improvements or Capital Expenditures, as applicable, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the ImprovementsTenant Improvements or Capital Expenditures, as applicable, at Lender's ’s option, either in Borrower's ’s name or in its own name. In any event, all sums expended by Lender in completing the construction of the Tenant Improvements or Capital Expenditures, as applicable, will be considered to have been disbursed to Borrower and will be secured by the collateral for the LoanMortgaged Property. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the rate set forth in the Note rate and being secured by the collateralMortgaged Property. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however provided, however, Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees in writing to assume such obligations in writingobligations. Upon the occurrence of an Event of Default, Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence Documents. Except as may be prohibited by LOAN AGREEMENT - 14 applicable law, all of an Event of Default. All rightsLender’s rights and remedies, powers, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender Xxxxxx takes possession of the Property, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to LenderXxxxxx's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvementsimprovements, at LenderXxxxxx's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender Xxxxxx in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Documents; however Lender will not have any obligation under the Project Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies of Lender under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:: Agency: Nothing in this Agreement shall be construed to constitute the creation of a partnership or joint venture between Lender and Borrower or any contractor. Xxxxxx is not an agent or representative of Borrower. This Agreement does not create a contractual relationship with and shall not be construed to benefit or bind Lender in any way with or create any contractual duties by Lender to any contractor, subcontractor, material supplier, laborer, or any other person.

COMPLETION OF IMPROVEMENTS BY LENDER. If Lender takes possession of the Property, it may take any and all actions necessary in its judgment to complete construction of the Improvements, including but not limited to making changes in the Plans and Specifications, work, or materials and entering into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. If Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower irrevocably appoints Lender as its attorney-in-fact, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or in its own name. In any event, all sums expended by Lender in completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the LoanBorrower. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing interest at the Note rate and being secured by the collateralrate. For these purposes, Borrower assigns to Lender all of its right, title and interest in and to the Project Projects Documents; however Lender will not have any obligation under the Project Projects Documents unless Lender expressly hereafter agrees to assume such obligations in writing. Lender will have the right to exercise any rights of Borrower under the Project Projects Documents upon the occurrence of an Event of Default. All rightsExcept as may be prohibited by applicable law, powersall of Lender's rights and remedies, and remedies of Lender under whether evidenced by this Agreement are or by any other writing, shall be cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:be exercised singularly or concurrently.