Common use of PROTECTION OF LENDER'S SECURITY Clause in Contracts

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to this paragraph shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Nothing contained in this paragraph shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrowers or Accommodation Parties fail to perform the covenants and agreements contained in this Mortgage, or if there is any action legal proceeding that may significantly affect the Lender's interest in the Mortgaged Property (such as a proceeding in bankruptcy, probate, condemnation, or proceeding is commenced which affects the Property to enforce laws or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentregulations), then Lenderthe Lender may, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole option and discretion, do and pay for whatever is necessary to protect Xxxxxx’s interestthe value of the Mortgaged Property and the Lender's rights in the Mortgaged Property. The Lender's actions may include paying any sums secured by a lien that has priority over the lien created by this Mortgage, includingappearing in court, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon paying reasonable attorneys' fees and entering on the Mortgaged Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to the Lender under this paragraph Section 7 shall become additional indebtedness debt of Borrower Borrowers due under the Note and shall be secured by this Mortgage. Unless Borrower Borrowers and the Lender agree to other terms of payment, such these amounts shall be immediately due and payable and shall bear interest from the date of disbursement at an interest rate equal to the Event lesser of Default eighteen percent (18%) per annum or the highest interest rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to permissible under applicable law, in which event and such amounts additional debt, along with interest thereon, shall bear interest be immediately due and payable upon notice from the Lender to Borrowers demanding such payment. Any action taken or expense incurred by the Lender hereunder shall be at the highest rate which may be collected from Borrower under applicable law. Nothing its sole option and discretion and nothing contained in herein, including but not limited to this paragraph Section 7, shall require the Lender to take any action or to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, the Note, XXXX, or Agency Agreement the terms of which are incorporated herein by reference, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Paragraph 7, shall bear interest thereon at the rate of ten percent (10%) per annum, and shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawNote. Nothing contained in this paragraph Paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement or enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, then Lender, at Lender’s option, upon notice to Xxxxxxxx, may make such appearancesappearance, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Section 4.4, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Section 4.4 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrower(s) fail(s) to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower(s), may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) funds to pay reasonable attorneys’ fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Paragraph 7, with interest thereon, shall become additional indebtedness of Borrower Borrower(s) secured by this MortgageDeed of Trust. Unless Borrower Borrower(s) and Lender agree to other terms of or payment, such amounts amount shall be immediately due and payable upon notice from Lender to Borrower(s) requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender thereinSecured Property, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt debtor in bankruptcy or decedent, then Lender, at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) reasonable attorneys' fees and entry upon the Secured Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph shall Paragraph 11, with interest thereon, will become an additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall will be immediately due payable upon notice from Lender to Borrower requesting payment, and payable and shall will bear interest from the date dates of disbursement at the Event of Default rate stated in payable from time to time on the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at outstanding principal balance under the highest rate which may be collected from Borrower under applicable lawNote. Nothing contained in this paragraph Paragraph 11 shall require impose upon Lender an affirmative duty to incur any expense or take any action hereunderaction.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Nothing contained in this paragraph shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. (a) If Borrower fails to perform the covenants and agreements contained in this MortgageInstrument, or if any action or proceeding is commenced which affects the Property property or title thereto thereof or the interest of Lender therein, including, but not limited to, including without limitation eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Lender, at Lender’s 's sole option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s Lender's interest, including, but not limited toincluding without limitation, (i) disbursement of reasonable attorney’s 's fees, (ii) entry upon the Property to make repairsrepair, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Section 6.05. (b) Any amounts amount disbursed by Xxxxxx Lender pursuant to this paragraph Section 6.20 shall become an additional indebtedness of Borrower secured by this MortgageInstrument, with interest accruing thereon. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest Interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest non-usurious rate which may be collected from Borrower under applicable law. Borrower covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing contained in this paragraph Section 6.20 shall require Lender to incur any expense or take any action hereunderunder this Instrument.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinMortgaged Premises, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) funds to pay reasonable attorneys’ fees and entry upon the Property Mortgaged Premises to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Mortgage, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of or payment, such amounts amount shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrower(s) fail(s) to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower(s), may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) funds to pay reasonable attorneys’ fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Paragraph 7, with interest thereon, shall become additional indebtedness of Borrower Borrower(s) secured by this Mortgage. Unless Borrower Borrower(s) and Lender agree to other terms of or payment, such amounts amount shall be immediately due and payable upon notice from Lender to Borrower(s) requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrowers or Accommodation Parties fail to perform the covenants and agreements contained in this Mortgage, or if there is any action legal proceeding that may significantly affect Lender's interest in the Mortgaged Property (such as a proceeding in bankruptcy, probate, condemnation, or proceeding is commenced which affects the Property to enforce laws or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentregulations), then LenderLender may, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole option and discretion, do and pay for whatever is necessary to protect Xxxxxx’s interestthe value of the Mortgaged Property and Lender's rights in the Mortgaged Property. Lender's actions may include paying any sums secured by a lien that has priority over the lien created by this Mortgage, includingappearing in court, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon paying reasonable attorneys' fees and entering on the Mortgaged Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to Lender under this paragraph shall Section 7 will become additional indebtedness debt of Borrower Borrowers due under the Note and will be secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall Such additional debt will be immediately due and payable upon notice from Lender to Borrowers demanding such payment. Any action taken or expense incurred by Lender under this Mortgage will be at its sole option and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Nothing discretion and nothing contained in this paragraph shall Mortgage, including but not limited to this Section 7, will require Lender to take any action or to incur any expense or take any action hereunderunder this Mortgage.

PROTECTION OF LENDER'S SECURITY. a. Borrower shall appear and defend any action or proceeding purporting to affect the security hereof or the rights of the Lender. If Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, foreclosure, involuntary sale, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s 's interest, including, but not limited to, (i) disbursement of for reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. . b. Any amounts disbursed by Xxxxxx pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender Xxxxxx agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event legal rate of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawinterest. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrower(s) fail(s) to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower(s), may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) funds to pay reasonable attorneys’ fees and entry upon the Trust Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Paragraph 7, with interest thereon, shall become additional indebtedness of Borrower Borrower(s) secured by this Mortgage. Unless Borrower Borrower(s) and Lender agree to other terms of payment, such amounts amount shall be immediately due and payable upon notice from Lender to Borrower(s) requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrower(s) fail(s) to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt bankruptcy or decedent, then Lender, Lender at Lender’s option, upon notice to Borrower(s), may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) funds to pay reasonable attorneys’ fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower Borrower(s) secured by this Mortgage. Unless Borrower Borrower(s) and Lender agree to other terms of or payment, such amounts amount shall be immediately due and payable upon notice from Lender to Borrower(s) requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.. (sf.mort) 01.13.09 Loan «LOANID»

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, Instrument or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lenderthen, at Lender’s 's option, Lender may make such appearances, disburse such sums and take such action actions as Lender reasonably deems necessary, in its sole discretion, to protect Xxxxxx’s interestLender's interest herein, including, but not limited to, (i) disbursement of attorney’s reasonable attorney fees, (ii) entry upon the Property to make repairsreasonable repairs or to conduct any reasonably appropriate environmental tests and inspections or to perform any necessary remediation, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofinsurance, and (iv) payment of Impositions. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 24, together with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at a rate equal to the Event Default Rate of Default rate stated interest set forth in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawNote. Nothing contained in this paragraph 20 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower has exercised Borrower’s rights under paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentProperty, then Lender, at Lender’s option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect XxxxxxLender’s interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) fees and entry upon the Property to make repairs, and (iii) procurement . Borrower hereby assigns to Lender any right Borrower may have by reason of satisfactory insurance as provided in paragraph 5 hereofany prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such Such amounts shall be immediately due payable upon notice from Lender to Borrower requesting payment thereof, and payable and shall bear Lender may bring suit to collect any amounts so disbursed plus interest from the date of disbursement at the Event of Default rate stated specified in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawparagraph 28 (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If the Borrower fails to perform the any of its respective covenants and agreements contained or incorporated in this MortgageAgreement, or if any action or proceeding is commenced which affects the Property Collateral or title thereto or the interest of the Lender therein, including, but not limited to, eminent domain, to insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then the Lender, at the Lender’s option, may make such appearancesappearance, disburse such sums sums, and take such action as the Lender deems necessary, in its sole discretion, to protect Xxxxxxthe Lender’s interest, including, including but not limited to, to (i) disbursement of attorney’s attorneys’ fees, (ii) entry upon the Property Borrower’s property to make repairsrepairs to the Borrower’s assets, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofinsurance. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Section, with interest thereon, shall become additional indebtedness of the Borrower secured by this MortgageAgreement. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawSecured Promissory Note. Nothing contained in this paragraph Section shall require the Lender to incur any expense or take any action hereunderaction.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower has exercised Borrower's rights under Paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentProperty, then Lender, at Lender’s 's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) reasonable attorneys' fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Borrower hereby assigns to Lender any right Borrower may have by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such Such amounts shall be immediately due payable upon notice from Lender to Borrower requesting payment thereof, and payable and shall bear Lender may bring suit to collect any amounts so disbursed plus interest from the date of disbursement at the Event of Default rate stated specified in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawParagraph 2 herein. Nothing contained in this paragraph Paragraph 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If the Borrower fails to perform the covenants and agreements contained in this MortgageAgreement, or if any action or proceeding is commenced which affects the Property Collateral or title thereto or the interest of the Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then the Lender, at the Lender’s 's option, may make such appearancesappearance, disburse such sums sums, and take such action as the Lender deems necessary, in its sole reasonable discretion, to protect Xxxxxx’s the Lender's interest, including, including but not limited to, to (i) disbursement of attorney’s attorneys' fees, (ii) entry upon the Property Borrower's property to make repairsrepairs to the Collateral, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofinsurance. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Section, with interest thereon, shall become additional indebtedness of the Borrower secured by this MortgageAgreement. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawNote. Nothing contained in this paragraph Section shall require the Lender to incur any expense or take any action hereunderaction.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the ------------------------------- covenants and agreements contained in this MortgageSecurity Deed, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, necessary to protect Xxxxxx’s 's interest, including, but not limited to, (i) disbursement of attorney’s attorneys' fees, (ii) payment, contest or compromise of any lien or security interest which is prior to the lien or security interest of this Security Deed, and entry upon the Property to make repairs. At its option, and (iii) procurement without limitation, Lender may pay any Impositions, or provide for the maintenance and preservation of satisfactory insurance as provided in paragraph 5 hereofthe Property. Any amounts disbursed by Xxxxxx pursuant to this paragraph Paragraph 9, with interest thereon, shall become additional indebtedness a portion of Borrower secured by this Mortgagethe Secured Obligations. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the Event of Default rate stated Rate as that term is defined in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Borrower shall have the right to prepay such amounts in whole or in part at any time. Nothing contained in this paragraph Paragraph shall require Lender to incur any expense or take do any action hereunderact.

PROTECTION OF LENDER'S SECURITY. If Borrower fails Borrowers or Accommodation Parties fail to perform the covenants and agreements contained in this Mortgage, or if there is any action legal proceeding that may significantly affect Xxxxxx's interest in the Mortgaged Property (such as a proceeding in bankruptcy, probate, condemnation, or proceeding is commenced which affects the Property to enforce laws or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentregulations), then LenderLender may, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole option and discretion, do and pay for whatever is necessary to protect the value of the Mortgaged Property and Lender's rights in the Mortgaged Property. Xxxxxx’s interest's actions may include paying any sums secured by a lien that has priority over the lien created by this Mortgage, includingappearing in court, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon paying reasonable attorneys' fees and entering on the Mortgaged Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to under this paragraph shall Section 7 will become additional indebtedness debt of Borrower Borrowers due under the Note and will be secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall Such additional debt will be immediately due and payable upon notice from Lender to Borrowers demanding such payment. Any action taken or expense incurred by Lender under this Mortgage will be at its sole option and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Nothing discretion and nothing contained in this paragraph shall Mortgage, including but not limited to this Section 7, will require Lender to take any action or to incur any expense or take any action hereunderunder this Mortgage.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or under the Agreement, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under permissible by applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take do any act hereunder, and Borrower expressly waives any right of action hereunder.against Lender resulting from Lender's action or failure to act under this paragraph

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageInstrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, to eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s interest, Lender's interest including, but not limited to, (i) disbursement of attorney’s 's fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this the paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails the Borrowers or the Accommodation Parties fail to perform the covenants and agreements contained in this Mortgage, or if there is any action legal proceeding that may significantly affect the Lender's interest in the Mortgaged Property (such as a proceeding in bankruptcy, probate, condemnation, or proceeding is commenced which affects the Property to enforce laws or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentregulations), then Lenderthe Lender may, at Lender’s option, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole option and discretion, do and pay for whatever is necessary to protect Xxxxxx’s interestthe value of the Mortgaged Property and the Lender's rights in the Mortgaged Property. The Lender's actions may include paying any sums secured by a lien that has priority over the lien created by this Mortgage, includingappearing in court, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon paying reasonable attorneys' fees and entering on the Mortgaged Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to the Lender under this paragraph shall Section 7 will become additional indebtedness debt of Borrower the Borrowers due under the Note and will be secured by this Mortgage. Unless Borrower the Borrowers and the Lender agree to other terms of payment, such these amounts shall be immediately due and payable and shall will bear interest from the date of disbursement at an interest rate equal to the Event lesser of Default eighteen percent (18%) per annum or the highest interest rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to permissible under applicable law, in which event and such amounts shall bear interest additional debt, along with interest, will be immediately due and payable upon notice from the Lender to the Borrowers demanding such payment. Any action taken or expense incurred by the Lender hereunder will be at its sole option and discretion and nothing contained herein, including but not limited to this Section 7, will require the highest rate which may be collected from Borrower under applicable law. Nothing contained in this paragraph shall require Lender to take any action or to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, Instrument or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lenderthen, at Lender’s 's option, Lender may make such appearances, disburse such sums and take such action actions as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s interestLender's interest herein, including, but not limited to, (i) disbursement of attorney’s attorney fees, (ii) entry upon the Property to make repairsrepairs or to conduct any appropriate environmental tests and inspections or to perform any necessary remediation, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofinsurance, and (iv) payment of Impositions. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 20, together with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at a rate equal to the Event default rate of Default rate stated interest set forth in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawNote. Nothing contained in this paragraph 20 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageInstrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of attorney’s 's fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which that materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, building code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at LenderXxxxxx’s option, and subject to the rights of the Senior Lender(s), upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) reasonable attorneys’ fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to this paragraph Paragraph 6, with interest on them, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment of them, and shall bear interest from the date of disbursement at the Event rate of Default rate stated in the Note five percent (5%) per year, unless collection from Borrower payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph Paragraph 6 shall require Lender to incur any expense or take any action hereunderunder this Mortgage.

PROTECTION OF LENDER'S SECURITY. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects the Property or title thereto or Lender's interest in the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentProperty, then the Lender, at the Lender’s 's option, upon notice to the Borrower, may make such appearances, disburse such sums sums, including reasonable attorneys' fees, and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory Lender's interest in the Property. If the Lender required mortgage insurance as provided a condition of making the Second Mortgage Loan secured by this Mortgage, the Borrower shall pay the premiums required to maintain such insurance in paragraph 5 hereofeffect until such time as the requirement for such insurance terminates in accordance with the Borrowers and the Lenders written agreement or applicable law. Any amounts disbursed by Xxxxxx the Lender pursuant to this paragraph Paragraph 5, with interest thereon, at the rate of seven percent (7%) per annum, or the then statutory rate of interest as established from year to year under section 55.03, Florida Statutes, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest upon notice from the date of disbursement at Lender to the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawrequesting payment thereof. Nothing contained in this paragraph Paragraph 5 shall require the Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. a. Borrower shall appear and defend any action or proceeding purporting to affect the security hereof or the rights of the Lender. If Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, foreclosure, involuntary sale, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s 's interest, including, but not limited to, (i) disbursement of for reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. . b. Any amounts disbursed by Xxxxxx pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event legal rate of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable lawinterest. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower Mortgagor fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender Collateral Agent therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentbankruptcy of the Mortgagor, then LenderCollateral Agent, at Lender’s Agent's option, after the occurrence of an Event of Default, may make such appearances, disburse such sums and take such action as Lender Collateral Agent deems necessary, in its sole discretion, necessary to protect Xxxxxx’s Agent's interest, including, but not limited to, (i) disbursement of attorney’s attorneys' fees, (ii) payment, contest or compromise or any lien or security interest which is prior to the lien or security interest of this Mortgage, and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Collateral Agent pursuant to this paragraph Paragraph 6, with interest thereon, shall become additional indebtedness a portion of Borrower secured by this Mortgagethe Obligations. Unless Borrower Mortgagor and Lender Collateral Agent agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Collateral Agent to Mortgagor requesting payment thereof and shall bear interest from the date of disbursement at the Event of Default default rate stated in the Note Credit Agreement unless collection from Borrower Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower Mortgagor under applicable law. Mortgagor shall have the right to prepay such amounts in whole or in part at any time. Nothing contained in this paragraph Paragraph 6 shall require Lender Collateral Agent to incur any expense or take do any action hereunderact.

PROTECTION OF LENDER'S SECURITY. If Borrower Xxxxxxxx fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender’s Interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, property taxes, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Lender, at LenderXxxxxx’s option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender reasonably deems necessary, in its sole discretion, necessary to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of attorney’s fees, (ii) reasonable attorneys’ fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 6, with interest thereupon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph the Paragraph 6 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower Grantor fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender Collateral Agent therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentbankruptcy of the Grantor, then LenderCollateral Agent, at Lender’s Collateral Agent's option, after the occurrence of an Event of Default, may make such appearances, disburse such sums and take such action as Lender Collateral Agent deems necessary, in its sole discretion, necessary to protect Xxxxxx’s Collateral Agent's interest, including, but not limited to, (i) disbursement of attorney’s attorneys' fees, (ii) payment, contest or compromise or any lien or security interest which is prior to the lien or security interest of this Deed of Trust, and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Collateral Agent pursuant to this paragraph Paragraph 8, with interest thereon, shall become additional indebtedness a portion of Borrower secured by this Mortgagethe Obligations. Unless Borrower Grantor and Lender Collateral Agent agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Collateral Agent to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the Event of Default default rate stated in the Note Credit Agreement unless collection from Borrower Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower Grantor under applicable law. Grantor shall have the right to prepay such amounts in whole or in part at any time. Nothing contained in this paragraph Paragraph 8 shall require Lender Collateral Agent to incur any expense or take do any action hereunderact.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform any of the covenants and agreements contained in this MortgageInstrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s Lender's interest, including, but not limited to, (i) disbursement of attorney’s attorneys' fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph Section 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph Section 8, with interest thereon, shall become additional indebtedness Indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from as applicable after default. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of interest at such rate would be contrary to applicable lawany mortgage or other lien discharged, in which event such amounts shall bear interest at whole or in part, by the highest rate which may be collected from Borrower under applicable lawIndebtedness. Nothing contained in this paragraph Section 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Lender’s interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payments of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower Xxxxxxxx fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which materially affects Xxxxxx's interest in the Property or title thereto or the interest of Lender thereinProperty, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s 's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect Xxxxxx’s 's interest, including, but not limited to, (i) disbursement of reasonable attorney’s fees, (ii) 's fees and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageDeed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the Event of Default rate stated in payable from time to time on outstanding principal under the Note unless collection from Borrower payments of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower permissible under applicable law. Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this MortgageInstrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Xxxxxx’s Lender's interest, including, but not limited to, to (i) disbursement of attorney’s 's fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this MortgageInstrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the Event of Default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower Grantor fails to perform the covenants and agreements contained in this MortgageDeed of Trust, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender Collateral Agent therein, including, but not limited to, eminent domain, insolvency, code enforcement or arrangements or proceedings involving a bankrupt or decedentbankruptcy of the Grantor, then LenderCollateral Agent, at Lender’s Collateral Agent's option, after the occurrence of an Event of Default, may make such appearances, disburse such sums and take such action as Lender Collateral Agent deems necessary, in its sole discretion, necessary to protect Xxxxxx’s Collateral Agent's interest, including, but not limited to, (i) disbursement of attorney’s attorneys' fees, (ii) payment, contest or compromise or any lien or security interest which is prior to the lien or security interest of this 148 Deed of Trust, and entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof. Any amounts disbursed by Xxxxxx Collateral Agent pursuant to this paragraph Paragraph 8, with interest thereon, shall become additional indebtedness a portion of Borrower secured by this Mortgagethe Obligations. Unless Borrower Grantor and Lender Collateral Agent agree to other terms of payment, such amounts shall be immediately due and payable upon notice from Collateral Agent to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the Event of Default default rate stated in the Note Credit Agreement unless collection from Borrower Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower Grantor under applicable law. Grantor shall have the right to prepay such amounts in whole or in part at any time. Nothing contained in this paragraph Paragraph 8 shall require Lender Collateral Agent to incur any expense or take do any action hereunderact.