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

PROTECTION OF LENDER'S SECURITY. If Grantor fails to perform the covenants and agreements contained in this 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, 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 Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Grantor secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from 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 Grantor under applicable law. Grantor 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 Grantor fails to perform the covenants and agreements contained Borrower is in this Instrument, Default 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 ’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender's ’s interest, including, but not limited to, (i) disbursement of attorney's attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 6 hereof, and (iv) if this the Instrument is on encumbers a leaseholdleasehold interest, exercise of any option to renew or extend the ground lease Lease on behalf of Grantor Borrower and the curing of any default of Grantor Borrower in the terms and conditions of the ground leaseLease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (vi) discharge (by payment, bonding or otherwise) of any lien on the Property which is not a Permitted Encumbrance. Any amounts disbursed by In addition, if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender pursuant to this paragraph 8therein, with interest thereonincluding, shall become additional indebtedness of Grantor secured by this Instrument. Unless Grantor but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy and Lender agree determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to other terms such actions or proceedings and such non-action could result in a material adverse effect on the value of paymentthe Property, then Lender, at Lenders option, may make such amounts shall be immediately due appearances, disburse such sums (including reasonable attorneys’ fees) and payable and shall bear interest from the date of disbursement at the rate stated in the Note unless collection from Grantor of interest at take such rate would be contrary actions as Lender deems reasonably necessary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under applicable law. Grantor 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.protect Lender’s

PROTECTION OF LENDER'S SECURITY. If Grantor the Borrower fails to perform pay any claim, lien or encumbrance which is superior to this Mortgage, or fails to pay when due any tax or assessment or insurance premium, or to keep the covenants and agreements contained premises in this Instrumentrepair, or shall commit, suffer or permit waste, or if there be commenced any action at law or equity or any proceeding is commenced which affects affecting the Property or the title thereto thereof, the Lender, at its option, may pay said claim, lien, encumbrance, tax, assessment or the interest of Lender thereinpremium, 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 appearancesrepairs and take such steps as it deems advisable to prevent or cure such waste, disburse and may appear in any such sums action or proceeding, and take such action as the Lender deems necessary, in its sole discretion, to protect Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground leaseadvisable. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this InstrumentMortgage. Unless Grantor 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 default rate stated in the Note unless collection from Grantor 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 Grantor Borrower under applicable law. Grantor 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 On a continuing basis, each Grantor fails to perform the covenants and agreements contained in this Instrumentshall, 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 Lender's interest, including, but not limited tocost and expense, (i) disbursement promptly following its becoming aware thereof, notify the Lender of attorney's fees(A) any adverse determination in any proceeding in the United States Patent and Trademark Office or the United States Copyright Office with respect to any Patent, Trademark or Copyright necessary for the conduct of business of such Grantor or (B) the institution of any proceeding or any adverse determination in any federal, state or local court or administrative body regarding such Grantor’s claim of ownership in or right to use any of the Intellectual Property Collateral material to the use and operation of the Collateral, its right to register such Intellectual Property Collateral or its right to keep and maintain such registration in full force and effect, (ii) entry upon maintain and protect the Intellectual Property to make repairsCollateral necessary for the conduct of business of such Grantor, (iii) procurement not permit to lapse or become abandoned any Intellectual Property Collateral necessary for the conduct of satisfactory insurance as provided in paragraph 5 hereofbusiness of such Grantor, and not settle or compromise any pending or future litigation or administrative proceeding with respect to such Intellectual Property Collateral, in each case, except as shall be consistent with commercially reasonable business judgment and, if any Event of Default has occurred and is continuing, with the prior approval of the Lender (such approval not to be unreasonably withheld), (iv) if this Instrument is on a leaseholdupon such Grantor’s obtaining knowledge thereof, exercise promptly notify the Lender in writing of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Grantor secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from 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 Grantor under applicable law. Grantor hereby covenants reasonably expected to materially and agrees that Lender shall be subrogated adversely affect the value or utility of the Intellectual Property Collateral or any portion thereof material to the lien use and operation of the Collateral, the ability of such Grantor or the Lender to dispose of the Intellectual Property Collateral or any portion thereof or the rights and remedies of the Lender in relation thereto including, without limitation, a levy or threat of levy or any legal process against the Intellectual Property Collateral or any portion thereof, (v) not license the Intellectual Property Collateral other than licenses entered into by such Grantor in, or incidental to, the ordinary course of business, or amend or permit the amendment of any mortgage or other lien dischargedof the material licenses in a manner that materially and adversely affects the right to receive payments thereunder, in whole or in partany manner that would materially impair the value of the Intellectual Property Collateral or the Lien on and security interest in the Intellectual Property Collateral intended to be granted to the Lender for the benefit of the Credit Parties, by without the indebtedness secured herebyconsent of the Lender, (vi) until the Lender exercises its rights to make collection, diligently keep adequate records respecting the Intellectual Property Collateral and (vii) furnish to the Lender from time to time upon the Lender’s reasonable request therefor detailed statements and amended schedules further identifying and describing the Intellectual Property Collateral and such other materials evidencing or reports pertaining to the Intellectual Property Collateral as the Lender may from time to time reasonably request. Nothing contained in this paragraph 8 Notwithstanding the foregoing, nothing herein shall require Lender to incur prevent any expense Grantor from selling, disposing of or take otherwise using any action hereunderIntellectual Property Collateral as permitted under the Credit Agreement.

PROTECTION OF LENDER'S SECURITY. If Grantor fails to perform the covenants Borrower shall not and agreements contained in this Instrumentwill not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or if any action so-called "Moratorium Laws", now existing or proceeding is commenced which affects hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, but hereby waives the benefit of such laws. Borrower for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshaled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Borrower further waives and releases (a) all errors, defects and imperfections in any proceedings instituted by Lender under the Note, this Mortgage or title thereto any of the other Loan Documents; (b) all benefits that might accrue to Borrower by virtue of any present or future laws exempting the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcementProperty, or arrangements any part of the proceeds arising from any sale thereof, from attachment, levy or proceedings involving a bankrupt sale under civil process, or decedentextension, then Lender at exemption from civil process or extension of time for payment; and (c) all notices not specifically required by this Mortgage of Event of Default, or of Lender's exercise, or election to exercise, any option may make such appearancesunder this Mortgage. At any time after the occurrence of an Event of Default hereunder, disburse such sums Lender, or Lender's agents or contractors, is authorized, without notice and take such action as Lender deems necessary, in its Lender's sole discretion, to protect Lender's interest, including, but not limited to, (i) disbursement enter upon and take possession of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofor any part thereof, and (iv) if this Instrument is on a leaseholdto perform any acts which Lender deems necessary or proper to conserve the security interest herein intended to be provided by the Property, exercise of to operate any option to renew business or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest businesses conducted thereon, shall become additional indebtedness of Grantor secured by this Instrument. Unless Grantor and Lender agree to other terms of paymentcollect and receive all Rents thereof and therefrom, such amounts shall be immediately including those past due and payable and shall bear interest from the date of disbursement at the rate stated in the Note unless collection from 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 Grantor under applicable law. Grantor 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 hereunderas well as those accruing thereafter.

PROTECTION OF LENDER'S SECURITY. If Grantor the Borrower fails to perform pay any claim, lien or encumbrance which is superior to this Mortgage, or fails to pay when due any tax or assessment or insurance premium, or to keep the covenants and agreements contained premises in this Instrumentrepair, or shall commit, suffer or permit waste, or if there be commenced any action at law or equity or any proceeding is commenced which affects affecting the Property or the title thereto thereof, the Lender, at its option, may pay said claim, lien, encumbrance, tax, assessment or the interest of Lender thereinpremium, 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 appearancesrepairs and take such steps as it deems advisable to prevent or cure such waste, disburse and may appear in any such sums action or proceeding, and take such action as the Lender deems necessary, in its sole discretion, to protect Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground leaseadvisable. Any amounts disbursed by Lender Xxxxxx pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this InstrumentMortgage. Unless Grantor 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 default rate stated in the Note unless collection from Grantor 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 Grantor Borrower under applicable law. Grantor Borrower hereby covenants and agrees that Lender Xxxxxx 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 Grantor Except when Borrower has exercised Borrower's rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in this InstrumentDeed 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 Lender, at Lender's option 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 Lender's interest, including, but not limited to: 9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property; 9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Property; 9.3. sums due on any prior lien or encumbrance on the Property; 9.4. if the Property is a leasehold or is subject to a lease, (i) disbursement all sums due under such lease; 9.5. the reasonable costs and expenses of attorneydefending, protecting, and maintaining the Property and Lender's interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver's fees and expenses, inspection fees, (ii) entry upon appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of purchase; 9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust; and 9.7. such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of cure any default of Grantor in the terms and conditions of the ground leaseunder said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 8§ 9, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this InstrumentDeed of Trust. Unless Grantor 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 rate stated specified in the Note unless collection from 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 Grantor under applicable law. Grantor 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§ 2.2 (Note; Other Obligations Secured). Nothing contained in this paragraph 8 § 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform the covenants and agreements contained in this 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, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option may may, after consultation with Borrower, make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender's interest, including, but not limited to, (ia) disbursement of attorney's fees, (iib) entry upon the Property to make repairs, and (iiic) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8paragraph, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor Borrower and Lender agree to other terms of payment, such amounts shall shall, after notice to Borrower, be immediately due and payable and shall bear interest from the date of disbursement at the highest rate stated in the Note Obligation unless collection from Grantor 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 Grantor Borrower under applicable law. Grantor 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 Grantor Borrower fails to perform any of the covenants and agreements contained in this InstrumentInstrument prior to the expiration of any applicable cure periods, 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 ’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender's ’s interest, including, but not limited to, (i) disbursement of attorney's attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph Section 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease Ground Lease on behalf of Grantor Borrower and the curing of any default of Grantor Borrower in the terms and conditions of the ground leaseGround Lease. Any amounts disbursed by Lender pursuant to this paragraph Section 8, with interest thereon, shall become additional indebtedness Indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated Default Rate (as defined in the Note unless collection from 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 Grantor under applicable lawNote). Grantor 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 herebyindebtedness. 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 Grantor Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in this InstrumentDeed 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 Lender, at Lender's option ’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 Lender's ’s interest, including, but not limited to: 9.1 any general or special taxes or ditch or water assessments levied or accruing against the Property; 9.2 the premiums on any insurance necessary to protect any improvements comprising a part of the Property; 9.3 sums due on any prior lien or encumbrance on the Property; 9.4 if the Property is a leasehold or is subject to a lease, (i) disbursement all sums due under such lease; 9.5 the reasonable costs and expenses of attorney's defending, protecting, and maintaining the Property and Lender’s interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver’s fees and expenses, inspection fees, (ii) entry upon appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of purchaser; 9.6 all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and 9.7 such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of cure any default of Grantor in the terms and conditions of the ground leaseunder said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 8§ 9, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this InstrumentDeed of Trust. Unless Grantor 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 rate stated specified in the Note unless collection from 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 Grantor under applicable law. Grantor 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§ 2.2 (Note; Other Obligations Secured). Nothing contained in this paragraph 8 § 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Grantor fails to perform or otherwise breaches the covenants and agreements covenants, agreements, representations or warranties contained in the Loan Documents or in this InstrumentDeed of Trust, or if a default occurs in another lien affecting the Property, or if any action or proceeding is commenced which that materially affects Xxxxxx'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 Lender, at LenderXxxxxx's option option, with reasonable notice to Grantor under all of the circumstances (including no notice to Grantor in exigent circumstances), may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, is necessary to protect LenderXxxxxx's interest, including, but not limited to, (i) disbursement of reasonable attorney's fees, (ii) fees and entry upon the Property to make repairs, . Grantor hereby grants to Lender the right (iiibut not the obligation) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is with respect to any other encumbrance on a leasehold, exercise of any option the Property or by law or otherwise to renew or extend the ground lease on behalf of Grantor and the curing of cure any default under such encumbrance (without implying the consent of Grantor in the terms and conditions Lender to any other deed of the ground leasetrust or lien). Any amounts disbursed by Lender pursuant to this paragraph 8Section 9, with interest thereon, shall become additional indebtedness of Grantor secured by this InstrumentDeed of Trust. Unless Grantor and Lender agree to other terms of payment, such Such amounts shall be immediately due payable within ten days of written notice from Lender to Grantor 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 rate stated as specified in the Note unless collection from 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 Grantor under applicable law. Grantor 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 herebyNote. Nothing contained in this paragraph 8 Section 9 shall require Lender to incur any expense expenses or take any action hereunderhereunder and Grantor shall release and indemnify Lender and shall hold Lender harmless from any such expenses.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform the covenants and agreements contained in this 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, 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 Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph PARAGRAPH 5 hereof, and (iv) if this Instrument is on a leasehold, exercise the payment of any option to renew or extend taxes and/or assessments levied against the ground lease on behalf of Grantor Property and the curing of any default of Grantor in the terms then due and conditions of the ground leasepayable. Any amounts disbursed by Lender pursuant to this paragraph PARAGRAPH 8, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from Grantor 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 Grantor Borrower under applicable law. Grantor 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 PARAGRAPH 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Grantor fails to perform the covenants and agreements contained Borrower is in this Instrument, Default or if any action or proceeding is commenced which materially adversely 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 Lender's interest, including, but not limited to, (i) disbursement of attorney's attorneys' fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 6 hereof, and (iv) if this the Instrument is on encumbers a leaseholdleasehold interest, exercise of any option to renew or extend the ground lease Lease on behalf of Grantor Borrower and the curing of any default of Grantor Borrower in the terms and conditions of the ground leaseLease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (vi) discharge (by payment, bonding or otherwise) of any lien (including any Lien) on the Property which is not a Permitted Encumbrance. Any amounts disbursed by In addition, if any action or proceeding is commenced which materially adversely affects the Property or title thereto or the interest of Lender pursuant therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy and if Borrower is not diligently pursuing available legal rights or remedies with respect to this paragraph 8such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lender's option, may make such appearances, disburse such sums (including reasonable attorneys' fees) and take such actions as Lender deems reasonably necessary to protect Lender's interest. In addition, with respect to an environmental condition which may affect the Property during the term of the Loan or the interest thereonof Lender therein, including, but not limited to any actual or suspected on-site environmental pollution conditions which are, or are reasonably believed to be, in violation of applicable environmental laws and have (or are reasonably believed to have) a material adverse affect on the Property or the Borrower, or upon a Default, then Lender (or its agent, contractor or designee), at Lender's option, shall become additional indebtedness of Grantor secured by this Instrumenthave the right to enter the Property to conduct tests and investigate any such pollution conditions. Unless Grantor and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from If the date of disbursement environmental assessment reveals environmental pollution at the rate stated in the Note unless collection from Grantor of interest at such rate would be contrary to or above actionable levels under applicable law, in which event and Lender reasonably determines that Borrower is not diligently pursuing remediation with respect thereto, then Lender may, at Lender's sole option, engage third party providers to undertake such amounts shall bear interest at the highest rate which may be collected from Grantor under applicable law. Grantor hereby covenants and agrees that Lender shall be subrogated remediation up to the lien limits 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 Secured Creditor Pollution Policy relating to incur any expense or take any action hereunderthe Property.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform any of the covenants and agreements contained in this 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, 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 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, and (iv) if . If this Instrument is on a leasehold, such action may include exercise of any option to renew or extend the ground lease Ground Lease on behalf of Grantor Borrower and the curing of any default of Grantor Borrower in the terms and conditions of the ground leaseGround Lease. Any amounts disbursed by Lender pursuant to this paragraph Section 8, with interest thereon, shall become additional indebtedness Indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated Default Rate (as defined in the Note unless collection from 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 Grantor under applicable lawNote). Grantor 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 herebyIndebtedness. 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 Grantor fails shall execute and/or cause to perform be executed such further assurances of title to the Property, and to take and cause to be taken, such steps, including legal proceedings as may at any time appear to the Lender to be desirable to perfect the title to the Property in the Trustees. Upon a failure or default in or breach of performance of any of the covenants and agreements contained herein, in this Instrumentany particular, the Lender may, without notice to the Grantor, pay all taxes, assessments, and public charges, and/or take such steps as may be necessary to secure or redeem the Property from forfeiture or sale, and/or effect or renew any insurance, and/or make such repairs as may be necessary to keep the property, equipment, appurtenances and accessories in good order and repair and/or take or cause to be taken, such steps, including legal proceedings, as may be desirable to prevent the commission of waste, impairment or deterioration of the Property, or if any action part thereof, or proceeding is commenced which affects to perfect the title to the Property in the Trustees, and/or to perform any other acts or title thereto or the interest of expend such other sums deemed necessary by 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 Lender's interest, including, but not limited to, (i) disbursement its security for the repayment of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofNote, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor all sums expended in the terms and conditions doing of or on account of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereonsame, shall become additional indebtedness be a part of Grantor the debt secured by this Instrument. Unless Grantor Deed of Trust, and Lender agree to other terms of payment, such amounts shall be immediately due secured as fully as the principal debt and payable interest is secured, and shall bear interest from the date of disbursement at the rate stated in the Note unless collection from 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 permitted by law (the "Default Rate") from the date of the expenditure thereof and shall together with the interest thereon, be collected from repaid by the Grantor before the expiration of a period of thirty (30) days thereafter. But there is no obligation upon the Lender to make such payments or take such steps, nor shall any act of the lender or any failure to act under applicable law. Grantor hereby the powers granted by this paragraph 9, nor any lapse of time, be construed as the waiver of any breach of the 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 agreements contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunderherein.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform any of the covenants and agreements contained in this 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, 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 Lender's interest, including, but not limited to, (ia) disbursement of attorney's attorneys' fees, (iib) entry upon the Property to make repairs, (iiic) procurement of satisfactory insurance as provided in paragraph Section 5 hereof, and (ivd) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor Borrower and the curing of any default of Grantor Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph Section 8, with interest thereon, shall become additional indebtedness Indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from Grantor lesser of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at 18% or the highest rate which may be collected from Grantor under applicable permitted by law. Grantor 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 herebyIndebtedness. 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 Grantor 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 InstrumentDeed 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 Lender, at Lender's option ’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 Lender's ’s interest, including, but not limited to: (a) any general or special taxes or ditch or water assessments levied or accruing against the Property; (b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c) sums due on any prior lien or encumbrance on the Property; (d) if the Property is a leasehold or is subject to a lease, all sums due under such lease; (ie) disbursement the reasonable costs and expenses of attorney's defending, protecting, and maintaining the Property and Lender’s interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the Lender or holder of the certificate of purchase; (iif) entry upon all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of cure any default of Grantor in the terms and conditions of the ground leaseunder said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 89, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this InstrumentDeed of Trust. Unless Grantor 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 rate stated specified in the Note unless collection from 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 Grantor under applicable law. Grantor 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 herebyparagraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 8 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform the covenants and agreements contained in this 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, 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 Lender's interest, including, but not limited to, (ia) disbursement of attorney's fees, (iib) entry upon the Property to make repairs, and (iiic) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8paragraph, with interest thereon, shall become additional indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from Grantor 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 Grantor Borrower under applicable law. Grantor Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage deed of trust 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 Grantor fails Borrower shall execute and/or cause to perform be executed such further assurances of title to the Property, and to take and cause to be taken, such steps, including legal proceedings as may at any time appear to the Lender to be desirable to perfect the title to the Property in the Lender. Upon a failure or default in or breach of performance of any of the covenants and agreements contained herein not cured within applicable cure period, in this Instrumentany particular, the Lender may, without notice to the Borrower, pay all taxes, assessments, and public charges, and/or take such steps as may be necessary to secure or redeem the Property from forfeiture or sale, and/or effect or renew any insurance, and/or make such repairs as may be necessary to keep the Property, equipment, appurtenances and accessories in good order and repair and/or take or cause to be taken, such steps, including legal proceedings, as may be desirable to prevent the commission of waste, impairment or deterioration of the Property, or if any action part thereof, or proceeding is commenced which affects to perfect the title to the Property in the Lender, and/or to perform any other acts or title thereto or the interest of expend such other sums deemed necessary by 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 Lender's interest, including, but not limited to, (i) disbursement its security for the repayment of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereofNote, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor all sums expended in the terms and conditions doing of or on account of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereonsame, shall become additional indebtedness be a part of Grantor the debt secured by this Instrument. Unless Grantor Mortgage, and Lender agree to other terms of payment, such amounts shall be immediately due secured as fully as the principal debt and payable interest is secured, and shall bear interest from the date of disbursement at the rate stated in the Note unless collection from Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest legal rate which may permitted by law to be collected charged by Lender from Grantor the date of the expenditure thereof and shall together with the interest thereon, be repaid by the Borrower before the expiration of a period of thirty (30) days thereafter. But there is no obligation upon the Lender to make such payments or take such steps, nor shall any act of the Lender or any failure to act under applicable law. Grantor hereby the powers granted by this paragraph 9, nor any lapse of time, be construed as the waiver of any breach of the 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 agreements contained in this paragraph 8 shall require Lender to incur any expense or take any action hereunderherein.

PROTECTION OF LENDER'S SECURITY. If Grantor Borrower fails to perform any of the covenants and agreements contained in this 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, 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 Lender's interest, including, but not limited to, (i) disbursement of attorney's attorneys' fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph SECTION 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Grantor and the curing of any default of Grantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this paragraph SECTION 8, with interest thereon, shall become additional indebtedness Indebtedness of Grantor Borrower secured by this Instrument. Unless Grantor 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 rate stated in the Note unless collection from 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 Grantor Borrower under applicable lawlaw or, at Lender's option, the rate stated in the Note. Grantor 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 herebyIndebtedness. Nothing contained in this paragraph SECTION 8 shall require Lender to incur any expense or take any action hereunder.