Common use of Events of Default; Acceleration Clause in Contracts

Events of Default; Acceleration. Each of the following shall constitute an Event of Default under this Mortgage: (a) The Mortgagor fails to pay any amount payable to the Lender under this Mortgage when any such payment is due in accordance with the terms hereof. (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under this Mortgage; provided, however, that: (i) If such failure can be cured solely by the payment of money, such failure shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the Mortgagor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure; (c) The occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents. If an Event of Default occurs under this Mortgage, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an Event of Default under this Mortgage: (a) The Mortgagor fails to pay any amount payable to the Lender under this Mortgage when any such payment is due in accordance with the terms hereof. (b) Mortgagor fails to perform or observe, or to cause to be performed or observed, any obligation, covenant, term, agreement or provision required to be performed or observed by Mortgagor under Sections 1, 2(h), 2(i), 2(k), 2(l), 3 or 4 of this Mortgage; (c) The occurrence of any Transfer in violation of Section 34(a) of this Mortgage or the provisions of the Loan Agreement referenced therein; (d) Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under this MortgageMortgage and not covered under clauses (a) and (b) of this Section 14, for a period of thirty (30) days after written notice of default from Lender; provided, however, that: (i) If provided that if any such failure can is susceptible to cure and cannot reasonably be cured solely by the payment of moneywithin said thirty (30)-day period, then such failure default shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the Mortgagor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured so long as within such 30-day periodthirty (30)-day period Mortgagor have commenced efforts to cure such default, diligently pursues efforts to cure the applicable default, and if actually cures such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such default no later than thirty (30-day period and is diligently pursued and such failure is cured within 90 ) days after the occurrence end of such failure;the initial thirty (30)-day period; provided, further, that if a different notice or grace period is specified under any other paragraph of this Section 14 with respect to a particular breach, the specific provision shall control; or (ce) The occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents. If an Event of Default occurs under this Mortgage, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate. Mortgagor agrees that the occurrence of an Event of Default as defined in, and pursuant to any of the respective Loan Documents, which is not cured within applicable grace or curative periods, shall constitute an immediate Event of Default (without need of notice or the expiration of any additional cure period other than as specified in such Loan Documents) under all Loan Documents.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this MortgageDeed of Trust: (a) The Mortgagor Borrower fails to pay (i) any installment of principal when due, (ii) any interest within five (5) days after the date when due, or (iii) any other amount payable to Beneficiary under the Lender under Notes, this Mortgage when Deed of Trust or any of the other Loan Documents within five (5) days after written notice such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor Trustor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor Borrower under the Notes or the Trustor under this MortgageDeed of Trust or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Deed of moneyTrust or any of the other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Trustor shall have a period (the “Cure Period”) of thirty (30) days after the Trustor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period; provided further that if the Trustor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Deed of Trust or any of the other Loan Documents or of any statement or certification as to facts delivered to the Beneficiary by the Trustor or the Guarantor that would or could reasonably be expected to result in a Material Adverse Effect; (d) The Trustor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Trustor or of all or any substantial part of the property of the Trustor, the Guarantor, the Premises or all or a substantial part of the assets of the Trustor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Trustor or the Guarantor, or the institution against the Trustor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Trustor or the Guarantor which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Trustor or the Guarantor; (g) the occurrence of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note Agreement or any of the other Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Trustor and/or the Guarantor to the Beneficiary. If an Event of Default occurs under this Mortgageoccurs, the Lender Beneficiary may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the MortgagorTrustor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay (i) any installment of principal or interest payable pursuant to the terms of the Note, or (ii) any other amount payable to the Lender under the Note, this Mortgage or any of the other Loan Documents when any such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Note, this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of ten (10) days after the Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue not be deemed to exist during the Cure Period. Notwithstanding anything to the contrary contained herein, there shall be no Cure Period applicable for a period the failure of five days after written notice the Mortgagor to maintain insurance as required by Section 6 hereof or perform the Environmental Obligations as set forth in Section 36 hereof; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Lender by the Mortgagor; (iid) If such failure cannot be cured solely by The Mortgagor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the payment present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of money and does not pose an emergency any trustee, receiver or dangerous condition similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Premises or all or a material threat substantial part of the assets of the Mortgagor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the security same is released or located within thirty (30) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or the institution against the Mortgagor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the Loan, such failure property of the Mortgagor which shall not constitute an Event of Default unless it shall continue remain undismissed or undischarged for a period of 30 days after written notice to the Mortgagor; andsixty (60) days; (iiif) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failurea Prohibited Transfer; (cg) The the occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents; or (h) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor to the Lender. If an Event of Default occurs under this Mortgageoccurs, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this MortgageDeed of Trust: (a) The Mortgagor Borrower fails to pay (i) any installment of principal when due, (ii) any interest within five (5) days after the date when due, or (iii) any other amount payable to Beneficiary under the Lender under Notes, this Mortgage when Deed of Trust or any of the other Loan Documents within five (5) days after written notice such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor Trustor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor Borrower under the Notes or the Trustor under this MortgageDeed of Trust or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Deed of moneyTrust or any of the other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Trustor shall have a period (the “Cure Period”) of thirty (30) days after the Trustor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period; provided further that if the Trustor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Deed of Trust or any of the other Loan Documents or of any statement or certification as to facts delivered to the Beneficiary by the Trustor or the Guarantor that would or could reasonably be expected to result in a Material Adverse Effect; (d) The Trustor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Trustor or of all or any substantial part of the property of the Trustor, the Guarantor, the Premises or all or a substantial part of the assets of the Trustor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Trustor or the Guarantor, or the institution against the Trustor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Trustor or the Guarantor which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Trustor or the Guarantor; (g) the occurrence of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note Notes or any of the other Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Trustor and/or the Guarantor to the Beneficiary. If an Event of Default occurs under this Mortgageoccurs, the Lender Beneficiary may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the MortgagorTrustor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an Event of Default under this Mortgage: (a) The Mortgagor fails to pay any amount payable to the Lender under this Mortgage when any such payment is due in accordance with the terms hereof. (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under this Mortgage; provided, however, that: (i) If such failure can be cured solely by the payment of money, such failure shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the Mortgagor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure; (c) The occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents. If an Event of Default occurs under this Mortgage, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate, and in the event of the occurrence of certain Events of Default under the Loan Agreement, the Note shall automatically become due and payable immediately as provided in the Loan Agreement.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor Borrower fails to pay (i) any installment of principal when due, (ii) any interest within five (5) days after the date when due, or (iii) any other amount payable to Mortgagee under the Lender under Notes, this Mortgage when or any of the other Loan Documents within five (5) days after written notice such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Borrower under the Notes or the Mortgagor under this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period, provided further that if the Mortgagor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Mortgagee by the Mortgagor or the Guarantor that would or could reasonably be expected to result in a Material Adverse Effect; (d) The Mortgagor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Guarantor, the Premises or all or a substantial part of the assets of the Mortgagor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or the Guarantor, or the institution against the Mortgagor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Mortgagor or the Guarantor which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Mortgagor or the Guarantor; (g) the occurrence of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note Agreement or any of the other Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor and/or the Guarantor to the Mortgagee. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay any amount payable to within five (5) days after the Lender under this Mortgage date when any such payment is due in accordance with the terms hereof.hereof or thereof (i) any installment of principal or interest payable pursuant to the terms of the Note, or (ii) any other amount payable to Lender under the Note, this Mortgage, any of the other Loan Documents or any of the Additional Loan Documents; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Note, this Mortgage, any of the other Loan Documents or any of the Additional Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue not be deemed to exist during the Cure Period, provided further that if the Mortgagor commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for a period thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days in the aggregate; (c) the existence of five days after written notice any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage, any of the other Loan Documents or any of the Additional Loan Documents or of any statement or certification as to facts delivered to the Lender by the Mortgagor; (iid) If such failure cannot be cured solely by The Mortgagor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the payment present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of money and does not pose an emergency any trustee, receiver or dangerous condition similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Premises or all or a material threat substantial part of the assets of the Mortgagor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the security same is released or located within thirty (30) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or the institution against the Mortgagor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the Loan, such failure property of the Mortgagor which shall not constitute an Event of Default unless it shall continue remain undismissed or undischarged for a period of 30 days after written notice to sixty (60) days; (f) the dissolution, termination or merger of the Mortgagor; and; (iiig) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failurea Prohibited Transfer; (ch) The the occurrence of an Event of Default under the Loan AgreementNote, the Note or any of the other Loan Documents or any of the Additional Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor to the Lender. If an Event of Default occurs under this Mortgageoccurs, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay (i) any installment of principal when due, (ii) any interest within five (5) days after the date when due, or (iii) any other amount payable to Mortgagee under the Lender under Note, this Mortgage when or any of the other Loan Documents within five (5) business days after written notice such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Note, this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period, provided further that if the Mortgagor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Mortgagee by the Mortgagor or the Guarantor that would or could reasonably be expected to result in a Material Adverse Effect; (d) The Mortgagor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Guarantor, the Premises or all or a substantial part of the assets of the Mortgagor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or the Guarantor, or the institution against the Mortgagor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Mortgagor or the Guarantor which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Mortgagor or the Guarantor; (g) the occurrence of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor and/or the Guarantor to the Mortgagee. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails and/or the other Borrowers fail to pay (i) any installment of principal or interest payable pursuant to the terms of the Note, or (ii) any other amount payable to the Lender under the Note, this Mortgage or any of the other Loan Documents on or before the date when any such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails and/or the other Borrowers fail to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor or the other Borrowers under the Note, this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor or the other Borrowers obtain actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period, provided further that if the Mortgagor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Lender by the Mortgagor or the other Borrowers; (d) The Mortgagor or any of the other Borrowers files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, any of the other Borrowers, the Premises or all or a substantial part of the assets of the Mortgagor or any of the other Borrowers are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or vacated within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or any of the other Borrowers, or the institution against the Mortgagor or any of the other Borrowers of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Mortgagor or any of the other Borrowers which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Mortgagor or any of the Borrowers; (g) the occurrence and continuance of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents; or (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor and/or the other Borrowers to the Lender. If an Event of Default occurs under this Mortgageoccurs, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this MortgageDeed to Secure Debt: (a) The Mortgagor occurrence of an event of default (however defined) under any of the Loan Documents; (b) Grantor fails to pay any amount payable to the Lender Grantee under this Mortgage Deed to Secure Debt within three (3) Business Days after the date when any such payment is due in accordance with the terms hereof.; (bc) The Mortgagor Grantor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor Grantor under this MortgageDeed to Secure Debt; provided, however, that: (i) If such failure can be cured solely by the payment of money, such failure shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the Mortgagor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible by its nature can be cured, then so long as the continued operation and safety of curethe Property, it shall not constitute an Event and the priority, validity and enforceability of Default if corrective action is instituted the liens created by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure; (c) The occurrence of an Event of Default under the Loan Agreement, the Note Deed to Secure Debt or any of the other Loan DocumentsDocuments and the value of the Property is not impaired, threatened or jeopardized, then Grantor shall have a period (the “Cure Period”) of thirty (30) days after Grantor’s actual notice thereof, and an Event of Default under this subsection (c) shall not be deemed to exist during the Cure Period; (d) the existence of any inaccuracy or untruth in any material respect in any certification, representation, or warranty contained in this Deed to Secure Debt or any of the other Loan Documents or of any statement or certification as to facts delivered to Grantee by Grantor or any other Obligor; or (e) the occurrence of a Prohibited Transfer. If an Event of Default occurs under this Mortgageoccurs, the Lender Grantee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the MortgagorGrantor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate, in addition to any other interest accruing on such amount, as provided under this Deed to Secure Debt and the other Loan Documents, all limited by the maximum rate permitted by law then in effect.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The a. Mortgagor fails to pay (i) any installment of principal or interest payable pursuant to the Note within on or before the date when any such payment is due, or (ii) any other amount payable to Mortgagee under the Lender under Loan Agreement, the Note, this Mortgage or any of the other Loan Documents within three (3) days after the date when any such payment is due in accordance with the terms hereof.hereof or thereof; (b) The b. Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Loan Agreement, the Note, this MortgageMortgage or any of the other Loan Documents; provided, however, that:that if such failure by its nature can be cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the Mortgage or the Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then Mortgagor shall have a period (“Cure Period”) of thirty (30) days after Mortgagor obtains knowledge of such failure or receives written notice of such failure to cure the same and an Event of Default shall not be deemed to exist during the Cure Period, provided further that if Mortgagor commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days in the aggregate; c. the existence of any inaccuracy or untruth in any material respect in any representation or warranty contained in this Mortgage or any of the other Loan Documents or in any statement or certification as to facts delivered to Mortgagee by Mortgagor or any guarantor of the Note which remains uncured; (i) If such failure can be cured solely by Mortgagor or any guarantor of the payment Note files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of moneyany trustee, such failure receiver or similar officer of Mortgagor or of all or any substantial part of the property of Mortgagor or any guarantor of the Note or any of the Premises, or (ii) all or a substantial part of the assets of Mortgagor or any guarantor of the Note are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or vacated within thirty (30) days; e. the commencement of any involuntary petition in bankruptcy against Mortgagor or any guarantor of the Note or the institution against Mortgagor or any guarantor of the Note of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of Mortgagor or any guarantor of the Note which shall not constitute an Event of Default unless it shall continue remain undismissed or undischarged for a period of five days after written notice to the Mortgagorsixty (60) days; (ii) If such failure cannot be cured solely by f. the payment dissolution, insolvency, termination, merger or winding-up of money and does not pose an emergency Mortgagor or dangerous condition any entity guarantor of the Note or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failurethe death or declaration of legal incompetency of any individual guarantor of the Note; g. the occurrence of a Prohibited Transfer (c) The as defined in the Loan Agreement); or h. the occurrence of an “Event of Default Default” under the Loan Agreement, the Note or any of the other Loan Documents. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay (i) any installment of principal payable pursuant to the terms of the Notes, or (ii) any other amount payable to Mortgagee under the Lender under Notes, including, without limitation, interest payable pursuant to the terms of the Notes, this Mortgage or any of the other Loan Documents when any such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Notes, this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor receives written notice of such failure shall not constitute to cure the same and an Event of Default unless it shall continue not be deemed to exist during the Cure Period, provided further that if the Mortgagor commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for a period thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days in the aggregate; (c) the existence of five days after written notice any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Mortgagee by the Mortgagor; (iid) If such failure cannot be cured solely by The Mortgagor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the payment present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of money and does not pose an emergency any trustee, receiver or dangerous condition similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Premises or all or a material threat substantial part of the assets of the Mortgagor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the security same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor, or the institution against the Mortgagor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the Loan, such failure property of the Mortgagor or any of the other Borrower that shall not constitute an Event of Default unless it shall continue remain undismissed or undischarged for a period of 30 days after written notice to the Mortgagor; andsixty (60) days; (iiif) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failurea Prohibited Transfer; (cg) The the occurrence of an Event of Default under the Loan AgreementNotes, the Note Credit Agreement or any of the other Loan Documents; or (h) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor and/or the Guarantor to the Mortgagee. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an Event of Default under this MortgageDeed to Secure Debt: (a) The Mortgagor Grantor fails to pay any amount payable payable to the Lender Grantee under this Mortgage Deed to Secure Debt when any such payment is due in accordance with the terms hereof. (b) The Mortgagor Grantor fails to perform or observe, or to cause to be performed or observed, any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor Grantor under this MortgageDeed to Secure Debt; provided, however, that:that — (i) If such failure can be cured solely by the payment of money, such failure shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the MortgagorGrantor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the MortgagorGrantor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor Grantor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure;. (c) The occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan Documents. If an Event of Default occurs under this MortgageDeed to Secure Debt, the Lender Grantee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the MortgagorGrantor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each The occurrence and continuance of each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay to the Mortgagee (i) any installment of principal or interest within five (5) days after such installment is payable pursuant to the terms of the Note or any monthly deposit for Taxes within five (5) days after such deposit is payable pursuant to Section 4 of the Mortgage, or (ii) any other amount payable to Mortgagee under the Lender under Note, this Mortgage when or any of the other Loan Documents within thirty (30) days after the date of demand for such payment is due in accordance with the terms hereof.amount; (b) The Mortgagor fails fails, for a period of thirty days after notice thereof, to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Note, this Mortgage; Mortgage or any of the other Loan Documents (other than any such failure which is the subject of clauses (a), (c), (d), (e), (f), (g), (h) or (i) of this Section 16) provided, however, that: that if such default by its nature can be cured, then so long as the value of the Premises is not materially impaired, threatened or jeopardized, and the priority, validity and enforceability of the liens created by the Mortgage or any of the other Loan Documents are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (ithe “Cure Period”) If of sixty (60) days after the Mortgagor receives written notice of such failure can be cured solely by to cure the payment of money, such failure shall not constitute same and an Event of Default shall not be deemed to exist during the Cure Period, provided further that if the Mortgagor commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than ninety (90) days in the aggregate; (c) The existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty by the Mortgagor or by the Guarantor contained in this Mortgage, any of the other Loan Documents or any written certification as to facts delivered after the date hereof to the Mortgagee by the Mortgagor or the Guarantor in connection with the Loan, at the time such certification, representation or warranty is made (or deemed made); (d) The Mortgagor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, or the Guarantor, the Premises or all or a substantial part of the assets of the Mortgagor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless it the same is released, dismissed or discharged or located within sixty (60) days; (e) The commencement of any involuntary petition in bankruptcy against the Mortgagor or the Guarantor, or the institution against the Mortgagor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Mortgagor or the Guarantor which shall continue remain undismissed or undischarged for a period of five days after written notice to the Mortgagorsixty (60) days; (iif) If such failure cannot be cured solely by the payment The dissolution, termination or merger of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after or the occurrence of such failureGuarantor; (cg) The occurrence of a Prohibited Transfer; (h) The occurrence of an Event of Default under the Loan Agreement, the Note or any of the other Loan DocumentsDocuments for which the Indebtedness has been accelerated; or (i) Xxxxxx Xxxxxx shall cease to be the Chairman and Chief Executive Officer of Guarantor, except by reason of his death or disability. If an Event of Default occurs under this Mortgageand is continuing, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable payable, (i) without further notice to notice, upon the Mortgagoroccurrence and during the continuance of any Event of Default under Section 16(d) or (e) of this Mortgage, or (ii) upon notice, upon the occurrence and during the continuance of any other Event of Default hereunder, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each If any of the following events (herein called "Events of Default") shall constitute an Event of Default under this Mortgageoccur and be continuing: (a) The Mortgagor fails to pay Company shall default in the payment of any amount payable to part of the Lender principal under this Mortgage Note when any the same shall be due and payable as heretofore provided and the Company thereafter shall fail to cure the default within fifteen (15) days after receiving written notice from the Holder(s) demanding payment of such payment is amount so due in accordance with the terms hereof.and payable; or (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under this Mortgage; provided, however, that: (i) If such failure can be cured solely by Company shall default in the payment of money, such failure an installment of interest under this Note when the same shall not constitute an Event of Default unless it be due and payable as heretofore provided and the Company thereafter shall continue for a period of five fail to cure the default within fifteen (15) days after receiving written notice to from the Mortgagor; (iiHolder(s) If such failure cannot be cured solely by the demanding payment of money such amount so due and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagorpayable; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure;or (c) The occurrence Company shall default in the performance of an Event or compliance with any agreement, promise, condition or term contained herein and the Company thereafter shall fail to cure the default within thirty (30) days after receiving written notice from the Holder(s) demanding performance of Default under or compliance with such agreement, promise, condition or term; or (d) The Surviving Corporation (as defined in the Loan Agreement described in Section 4.7 hereof) shall default in the performance of or 57 compliance with its obligations as set forth in either Section 10.1(a) (with reference to the Board of Directors of the Surviving Corporation) or 10.3 of the Agreement; then and in each and every such case, the Note or any of the other Loan Documents. If an Event of Default occurs under this Mortgage, the Lender Holder(s) may, at its optionacting unanimously, declare the whole principal of the Indebtedness this Note then outstanding plus all accrued interests thereon to be immediately due and payable without further payable. Such acceleration may be made by delivering written notice (an "Acceleration Notice") thereof to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default RateCompany.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor Borrower fails to pay (i) any installment of principal when due, (ii) any interest within five (5) days after the date when due, or (iii) any other amount payable to Mortgagee under the Lender under Notes, this Mortgage when or any of the other Loan Documents within five (5) days after written notice such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Borrower under the Notes or the Mortgagor under this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then the Mortgagor shall have a period (the “Cure Period”) of thirty (30) days after the Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period, provided further that if the Mortgagor commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) the existence of any inaccuracy or untruth in any material respect in any certification, representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to the Mortgagee by the Mortgagor or the Guarantor that would or could reasonably be expected to result in a Material Adverse Effect; (d) The Mortgagor or the Guarantor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of the Mortgagor or of all or any substantial part of the property of the Mortgagor, the Guarantor, the Premises or all or a substantial part of the assets of the Mortgagor or the Guarantor are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within sixty (60) days; (e) the commencement of any involuntary petition in bankruptcy against the Mortgagor or the Guarantor, or the institution against the Mortgagor or the Guarantor of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of the Mortgagor or the Guarantor which shall remain undismissed or undischarged for a period of sixty (60) days; (f) the dissolution, termination or merger of the Mortgagor or the Guarantor; (g) the occurrence of a Prohibited Transfer; (h) the occurrence of an Event of Default under the Loan Agreement, the Note Agreement or any of the other Loan Documents; (i) the occurrence of any default or event of default, after the expiration of any applicable periods of notice or cure, under any document or agreement evidencing or securing any other obligation or indebtedness of the Mortgagor and/or the Guarantor to the Mortgagee; or (j) the occurrence of any default by Mortgagor under the Ground Lease. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this Mortgage: (a) The Mortgagor fails to pay any amount payable to the Lender under this Mortgage when any such payment is due in accordance with the terms hereof. (b) The a. Mortgagor fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under the Note, this MortgageMortgage or any of the other Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Premises, and the priority, validity and enforceability of the liens created by the payment Mortgage or any of moneythe other Loan Documents and the value of the Premises are not impaired, threatened or jeopardized, then Mortgagor shall have a period (“Cure Period”) of thirty (30) days after Mortgagor obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue not be deemed to exist during the Cure Period, provided further that if Mortgagor commences to cure such failure during the Cure Period and is diligently and in good faith attempting to effect such cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days in the aggregate; b. Mortgagor sends a period of five days after written notice to Mortgagee pursuant to 42 Pa. C.S. §8143(c) which purports in any manner to limit the Indebtedness secured by this Mortgage and to release the obligation of Mortgagee to make any additional advances to Mortgagor. c. the existence of any inaccuracy or untruth in any material respect in any representation or warranty contained in this Mortgage or any of the other Loan Documents or of any statement or certification as to facts delivered to Mortgagee by Mortgagor or any guarantor of the Note; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after d. the occurrence of such failure;a Prohibited Transfer; or (c) The e. the occurrence of an “Event of Default Default” and the passage of any cure period as provided under the Loan Agreement, the Note Credit Agreement or any of the other Loan Documents. If an Event of Default occurs under this Mortgageoccurs, the Lender Mortgagee may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each of the following shall constitute an “Event of Default under Default” for purposes of this MortgageDeed of Trust: (a) The Mortgagor a. Borrower fails to pay (i) any installment of principal or interest payable pursuant to the Note within ten (10) days after the date when due, or (ii) any other amount payable to the Lender under the Note, this Mortgage Deed of Trust or any of the Loan Documents within twenty (20) days after the date when any such payment is due in accordance with the terms hereof.hereof or thereof; (b) The Mortgagor b. Borrower fails to perform or observe, or to cause to be performed or observed, any other obligationobligation or observe any other condition, covenant, term, agreement or provision required to be performed or observed by Borrower under the Mortgagor under Note, this MortgageDeed of Trust or any of the Loan Documents; provided, however, that: (i) If that if such failure by its nature can be cured solely cured, then so long as the continued operation and safety of the Property, and the priority, validity and enforceability of the liens created by the payment Deed of moneyTrust or any of the Loan Documents and the value of the Property are not impaired, threatened or jeopardized in any material respect, then Borrower shall have a period (“Cure Period”) of thirty (30) days after Borrower obtains actual knowledge of such failure shall not constitute or receives written notice of such failure to cure the same and an Event of Default unless it shall continue for a period of five days after written notice not be deemed to exist during the Mortgagor; (ii) If Cure Period, provided further that if Borrower commences to cure such failure cannot be cured solely by during the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period Cure Period and is diligently pursued and in good faith attempting to effect such failure is cured within 90 cure, the Cure Period shall be extended for thirty (30) additional days, but in no event shall the Cure Period be longer than sixty (60) days after in the occurrence of such failureaggregate; (c) The occurrence c. the existence of an Event any inaccuracy or untruth in any material respect in any representation or warranty contained in this Deed of Default Trust or any of the Loan Documents or of any statement or certification as to facts delivered to Lender by Borrower or any guarantor of the Note, in each case, as and when such representation, warranty, statement or certification was made; d. Borrower or any guarantor of the Note files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Loan Agreementpresent or any future federal, state, or other statute or law, or seeks or consents to or acquiesces in the appointment of any trustee, receiver or similar officer of Borrower or of all or any substantial part of the property of Borrower or any guarantor of the Note or any of the Property or all or a substantial part of the assets of Borrower or any guarantor of the Note are attached, seized, subjected to a writ or distress warrant or are levied upon unless the same is released or located within ninety (90) days; e. the commencement of any involuntary petition in bankruptcy against Borrower or any guarantor of the Note or the institution against Borrower or any guarantor of the Note of any reorganization, arrangement, composition, readjustment, dissolution, liquidation or similar proceedings under any present or future federal, state or other statute or law, or the appointment of a receiver, trustee or similar officer for all or any substantial part of the property of Borrower or any guarantor of the Note which shall remain undismissed or undischarged for a period of ninety (90) days; f. the dissolution, termination or merger of Borrower or any guarantor of the Note; g. the occurrence of a Prohibited Transfer; or h. the occurrence of an “Event of Default” under the Note, or any of the Loan Documents. If an Event of Default occurs under this Mortgageoccurs, the Lender may, at its option, declare the whole of the Indebtedness to be immediately due and payable without further notice to the MortgagorBorrower, with interest thereon accruing from the date of such Event of Default until paid at the Default Rate.

Events of Default; Acceleration. Each The occurrence of any one or more of the following events shall constitute an “Event of Default” hereunder, and upon such Event of Default under this Mortgagethe entire principal balance outstanding hereunder, together with all accrued interest and other amounts payable hereunder, at the election of Xxxxxx, shall become immediately due and payable, without any notice to Borrower: (a) The Mortgagor fails Nonpayment of principal, interest or other amounts when the same shall become due and payable hereunder, and Xxxxxxxx does not cure such failure to pay any amount payable to within three business days after the Lender under this Mortgage when any date such payment is due in accordance with the terms hereof.due; (b) The Mortgagor fails failure of Borrower to perform or observe, or to cause to be performed or observed, comply with any other obligation, covenant, term, agreement or provision required to be performed or observed by the Mortgagor under of this Mortgage; provided, however, that: (i) If such failure can be cured solely by the payment of money, such failure shall not constitute an Event of Default unless it shall continue for a period of five days after written notice to the Mortgagor; (ii) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure shall not constitute an Event of Default unless it shall continue for a period of 30 days after written notice to the Mortgagor; and (iii) If a failure described in (ii) above is of such a nature that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failureNote; (c) The occurrence calling of a meeting of the creditors of Borrower or any other person or entity who is or may become liable hereunder; (d) The making by Borrower or any other person or entity who is or may become liable hereunder of an Event assignment for the benefit of Default under the Loan Agreement, the Note its creditors; or (e) The appointment of (or application for appointment of) a receiver of Borrower or any other person or entity who is or may become liable hereunder; or the involuntary filing against or voluntary filing by Xxxxxxxx, or any other person or entity who is or may become liable hereunder, of a petition or application for relief under federal bankruptcy law or any similar state or federal law, which is not stayed or dismissed within 90 days of filing; or the other Loan Documents. If an Event issuance of Default occurs under this Mortgageany writ of garnishment, the Lender may, at its option, declare the whole execution or attachment for service with respect to Borrower or any person or entity who is or may become liable hereunder or any property of the Indebtedness to be immediately due and payable without further notice to the Mortgagor, with interest thereon accruing from the date Borrower or property of such Event of Default until paid at the Default Rateany person or entity who is or may become liable hereunder.

Events of Default; Acceleration. Each of the following shall constitute events is hereby defined as, and is declared to be and to constitute, an "Event of Default under this MortgageDefault" hereunder: (a) The Mortgagor fails Failure by the Company to pay make or cause to be made any amount payable payment required to be made under Section 2.3 on or before the Lender under this Mortgage when any such payment date the same is due in accordance with the terms hereof.due; or (b) The Mortgagor fails Any material misrepresentation or warranty by or on behalf of the Company contained in this Agreement or in any report, certificate, financial instrument or other instrument furnished in connection with this Agreement or any other Loan Document shall prove to be false or misleading; (c) Failure of the Company to observe, perform or comply with any of the covenants or conditions contained in Article 6 hereof; (d) Failure or refusal by the Company to observe, perform or to cause to be performed comply with any of its other covenants hereunder or observed, under any of the other obligation, covenant, term, agreement Loan Documents and such failure or provision required to be performed or observed by refusal shall continue for a period of thirty (30) days after the Mortgagor under this Mortgage; provided, however, that: earlier of (i) If the date on which the Company first becomes aware of such failure or (ii) the date on which the Bank has provided written notice thereof to the Company; provided that (A) if such failure is of such nature that it can be cured solely corrected but not within thirty (30) days, it will not be an Event of Default so long as prompt corrective action is instituted and is diligently pursued by the payment of moneyCompany and the Bank consents to such extension or is not required to consent thereto pursuant to the Agreement, which consent may not be unreasonably withheld, and (B) if such failure results in the interest on the Bonds becoming subject to Federal income taxation and the Bonds are redeemed as a result thereof in accordance with their terms, such failure shall not constitute an Event of Default unless it shall continue for a period Default, and provided further, however, that failure of five days after written notice the Company to comply with the Mortgagor; (iicovenant contained in Section 5.27(a) If such failure cannot be cured solely by the payment of money and does not pose an emergency or dangerous condition or a material threat to the security for the Loan, such failure hereof shall not constitute an Event of Default Default; or (e) The Company shall fail to pay in full when due (i) any amount owing by the Company with respect to the Bonds (including payments due under any indenture, loan agreements, lease agreements or similar agreements), or (ii) the principal of, premium (if any) on or interest on any other Indebtedness of the Company in a principal amount exceeding $100,000, as and when the same shall become due (unless it shall continue such amount owing is being contested in good faith by the Company with diligence and continuity and by appropriate proceedings for which the Company has maintained adequate reserves in accordance with GAAP), or the occurrence of any default under any mortgage, agreement or other instrument under or pursuant to which the Bonds or such Indebtedness is incurred, secured, or issued, and continuance of which default beyond the period of grace, if any, allowed with respect thereto; or (f) The entry or filing of any judgment, writ or warrant of attachment or of any similar process in an amount in excess of $500,000 against the Company or against its property and failure of the Company to vacate, pay, bond, stay or contest in good faith such judgment, writ, warrant of attachment or other process for a period of 30 days after written notice thirty (30) days, unless the Company delivers the Bank evidence, satisfactory to the MortgagorBank, that such amount is fully covered by third-party insurance; andor (g) The Company shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian or the like of itself or of its property, or (ii) admit in writing its inability to pay its debts generally as they become due, or (iii) If make a failure described general assignment for the benefit of creditors, or (iv) be adjudicated a bankrupt or insolvent, or (v) commence a voluntary case under the United States Bankruptcy Code, or file a voluntary petition or answer seeking reorganization, an arrangement with creditors or an order for relief, or seeking to take advantage of any insolvency law or file an answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization, or insolvency proceeding, or action shall be taken by it for the purpose of effecting any of the foregoing, or (iivi) above if without the application, approval or consent of the Company, a proceeding shall be instituted in any court of competent jurisdiction, under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking in respect of the Company an order for relief or an adjudication in bankruptcy, reorganization, dissolution, winding up, liquidation, a composition or arrangement with creditors, a readjustment of debts, the appointment of a trustee, receiver, liquidator or custodian or the like of the Company or of all or any substantial part of its assets, or other like relief in respect thereof under any bankruptcy or insolvency law, and, if such proceeding is being contested by the Company in good faith, the same shall (A) result in the entry of an order for relief or any such adjudication or appointment or (B) remain unvacated, undismissed, undischarged, unstayed or unbonded for a nature period of sixty (60) days; or (h) For any reason the Bonds are declared due and payable by acceleration in accordance with Section 902 of the Indenture; or (i) This Agreement, or any of the other Loan Documents ceases to be valid and binding on the Company or is deemed null and void or the validity or enforceability thereof is contested by the Company or the Corporate Guarantor or the Company denies that it cannot reasonably be cured within such 30-day period, and if such failure is susceptible of cure, it shall not constitute an Event of Default if corrective action is instituted by the Mortgagor within such 30-day period and is diligently pursued and such failure is cured within 90 days after the occurrence of such failure; (c) The occurrence of an Event of Default has further liability under the Loan Agreement, the Note this Agreement or any of the other Loan Documents. If an Event , or the Guarantor denies that it has further liability under the Guaranty; (j) The transfer of Default occurs under this Mortgage, the Lender may, at its option, declare the whole title to or possession of the Indebtedness to be immediately due Project Facilities or any part thereof (in one or more transactions) for any reason without prior express written consent of the Authority and payable without further notice to the Mortgagor, with interest thereon accruing from Bank as provided in Section 5.13 hereof; or (k) The voluntary close of business or voluntary cessation of operations of the date of such Event of Default until paid Company at the Default Rate.Project Facilities for a continuous period in excess of one-hundred twenty (120) days; or