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

PROTECTION OF LENDER'S SECURITY. If Borrower is in 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 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 attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of any option to renew or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders 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

PROTECTION OF LENDER'S SECURITY. If the Borrower fails to 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 premises in Default repair, 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 necessaryadvisable. Any amounts disbursed by 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 default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in its sole discretion, 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 protect Lender’s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise lien of any option mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If the Borrower fails to 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 premises in Default repair, 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 necessaryadvisable. Any amounts disbursed by ▇▇▇▇▇▇ 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 default rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, in its sole discretion, 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 ▇▇▇▇▇▇ shall be subrogated to protect Lender’s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise lien of any option mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is Grantor fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof, and (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower Grantor and the curing of any default of Borrower Grantor in the terms and conditions of the Leaseground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, (v) 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 payment 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 taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called "Moratorium Laws", now existing or hereafter enacted, in Default order to prevent or if 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 action or proceeding is commenced which affects 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 '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 attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of any option to renew or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if any action or proceeding is commenced which affects the Property or title thereto any part thereof, and to perform any acts which Lender deems necessary or proper to conserve the security interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect herein intended to such actions or proceedings and such non-action could result in a material adverse effect on the value of be provided by the Property, then Lenderto operate any business or businesses conducted thereon, at Lenders optionand to collect and receive all Rents thereof and therefrom, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions those past due as Lender deems reasonably necessary to protect Lender’swell as those accruing thereafter.

PROTECTION OF LENDER'S SECURITY. If Borrower is in Default or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender thereinOn a continuing basis, includingeach Grantor shall, 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 attorneys’ 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 business 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 provided in paragraph 6 hereofshall 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 upon such Grantor’s obtaining knowledge thereof, promptly notify the Instrument encumbers a leasehold interest, exercise Lender in writing of any option event which may be reasonably expected to renew materially and adversely affect the value or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions utility of the LeaseIntellectual Property Collateral or any portion thereof material to the 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 payment 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 taxes and/or assessments levied against of the Property material licenses in a manner that materially 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. In addition, if any action or proceeding is commenced which adversely affects the Property or title thereto or the interest of Lender therein, including, but not limited to, eminent domain, insolvency, code enforcementright to receive payments thereunder, or arrangements or proceedings involving a bankruptcy and Lender determines in its reasonable discretion any manner that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on would materially impair the value of the PropertyIntellectual 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, then without the consent of the Lender, at Lenders option(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 make such appearancesfrom time to time reasonably request. Notwithstanding the foregoing, disburse such sums (including reasonable attorneys’ fees) and take such actions nothing herein shall prevent any Grantor from selling, disposing of or otherwise using any Intellectual Property Collateral as Lender deems reasonably necessary to protect Lender’spermitted under the Credit Agreement.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement procurements of satisfactory insurance as provided in paragraph 6 5 hereof, and (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, (v) with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall be interest from the payment date of disbursement at the 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 taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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. Including, but not limited to, (i) disbursement of attorneys’ attorney's fees, ; (ii) entry upon the Property to make repairs, ; (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof, ; and (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, (v) with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the payment date of disbursement at the 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 taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is in Default or if Grantor shall execute and/or cause to 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 action or proceeding is commenced which affects time appear to the Lender to be desirable to perfect the title to the Property in the Trustees. Upon a failure or title thereto default in or breach of performance of any of the interest of covenants and agreements contained herein, in any particular, the Lender thereinmay, includingwithout notice to the Grantor, but not limited topay all taxes, eminent domainassessments, insolvencyand public charges, code enforcementand/or take such steps as may be necessary to secure or redeem the Property from forfeiture or sale, and/or effect or arrangements or proceedings involving a bankrupt or decedentrenew any insurance, then Lender at Lender’s option may and/or make such appearancesrepairs as may be necessary to keep the property, disburse equipment, appurtenances and accessories in good order and repair and/or take or cause to be taken, such sums and take such action steps, including legal proceedings, as Lender deems necessarymay be desirable to prevent the commission of waste, in its sole discretion, to protect Lender’s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of any option to renew impairment or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value deterioration of the Property, then Lenderor any part thereof, or to perfect the title to the Property in the Trustees, and/or to perform any other acts or expend such other sums deemed necessary by Lender to protect its security for the repayment of the Note, and all sums expended in the doing of or on account of the same, shall be a part of the debt secured by this Deed of Trust, and shall be secured as fully as the principal debt and interest is secured, and shall bear interest at Lenders optionthe highest rate permitted by law (the "Default Rate") from the date of the expenditure thereof and shall together with the interest thereon, may be 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 appearances, disburse such sums (including reasonable attorneys’ fees) and payments or take such actions steps, nor shall any act of the lender or any failure to act under the powers granted by this paragraph 9, nor any lapse of time, be construed as Lender deems reasonably necessary to protect Lender’sthe waiver of any breach of the covenants and agreements contained herein.

PROTECTION OF LENDER'S SECURITY. If Borrower is in Default or if shall execute and/or cause to 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 action or proceeding is commenced which affects time appear to the Lender to be desirable to perfect the title to the Property in the Lender. Upon a failure or title thereto default in or breach of performance of any of the interest of covenants and agreements contained herein not cured within applicable cure period, in any particular, the Lender thereinmay, includingwithout notice to the Borrower, but not limited topay all taxes, eminent domainassessments, insolvencyand public charges, code enforcementand/or take such steps as may be necessary to secure or redeem the Property from forfeiture or sale, and/or effect or arrangements or proceedings involving a bankrupt or decedentrenew any insurance, then Lender at Lender’s option may and/or make such appearancesrepairs as may be necessary to keep the Property, disburse equipment, appurtenances and accessories in good order and repair and/or take or cause to be taken, such sums and take such action steps, including legal proceedings, as Lender deems necessarymay be desirable to prevent the commission of waste, in its sole discretion, to protect Lender’s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of any option to renew impairment or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value deterioration of the Property, then or any part thereof, or to perfect the title to the Property in the Lender, and/or to perform any other acts or expend such other sums deemed necessary by Lender to protect its security for the repayment of the Note, and all sums expended in the doing of or on account of the same, shall be a part of the debt secured by this Mortgage, and shall be secured as fully as the principal debt and interest is secured, and shall bear interest at Lenders optionthe highest legal rate permitted by law to be charged by Lender from the date of the expenditure thereof and shall together with the interest thereon, may 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 appearances, disburse such sums (including reasonable attorneys’ fees) and payments or take such actions steps, nor shall any act of the Lender or any failure to act under the powers granted by this paragraph 9, nor any lapse of time, be construed as Lender deems reasonably necessary to protect Lender’sthe waiver of any breach of the covenants and agreements contained herein.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 bankruptcy 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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof, (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease, and (v) the payment of any taxes and/or assessments levied against the Property and then due and payable. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and (vi) discharge (by Lender agree to other terms of payment, bonding or otherwise) 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 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 on discharged, in whole or in part, by the Property which is not a Permitted Encumbranceindebtedness secured hereby. In addition, if Nothing contained in this paragraph 8 shall require Lender to incur any expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform any of the covenants and agreements contained in Default 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 '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 attorneys’ ' fees, (ii) entry upon the Property to make repairs, and (iii) procurement of satisfactory insurance as provided in paragraph 6 Section 5 hereof. If this Instrument is on a leasehold, (iv) if the Instrument encumbers a leasehold interest, such action may include exercise of any option to renew or extend the Ground Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Ground Lease. Any amounts disbursed by Lender pursuant to this Section 8, with interest thereon, shall become additional Indebtedness of Borrower secured by this Instrument. 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 Default Rate (v) as defined in the payment Note). Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding Indebtedness. Nothing contained in this Section 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower is has exercised Borrower's rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in Default this Deed 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, (i) disbursement : 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 attorneys’ fees, (ii) entry upon the Property; 9.3. sums due on any prior lien or encumbrance on the Property; 9.4. if the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (iv) if the Instrument encumbers is a leasehold interestor is subject to a lease, exercise all sums due under such lease; 9.5. the reasonable costs and expenses of any option to renew or extend the Lease on behalf of Borrower defending, protecting, and the curing of any default of Borrower in the terms and conditions of the Lease, (v) the payment of any taxes and/or assessments levied against maintaining the Property and then due Lender's interest in the Property, including repair and payablemaintenance 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 (vi) discharge (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 payment, bonding the evidence of debt or otherwise) 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 lien prior encumbrance on the Property which is not a Permitted Encumbranceor by law or otherwise to cure any default under said prior encumbrance. In additionAny amounts disbursed by Lender pursuant to this § 9, if with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note; Other Obligations Secured). Nothing contained in this § 9 shall require Lender to incur any expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 attorneys’ attorney’s fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereofherein, (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (vi) discharge (payment of any other amounts contemplated in any of the Loan Documents. Any amounts disbursed by Lender pursuant to this Section, with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, bonding such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to 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 law. Nothing contained in this Section or otherwise) elsewhere in any of the Loan Documents shall require Lender to incur any lien on the Property which is not a Permitted Encumbrance. In addition, if expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 bankruptcy 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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof, and (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, (v) with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the payment date of disbursement at the 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 taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof. Any amounts disbursed by Lender pursuant to this paragraph 8, (iv) if with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the Instrument encumbers a leasehold interestdate of disbursement at the rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, exercise 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 option 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 renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform any of the covenants and agreements contained in Default 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 '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 attorneys’ ' fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 SECTION 5 hereof. Any amounts disbursed by Lender pursuant to this SECTION 8, (iv) if with interest thereon, shall become additional Indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the Instrument encumbers a leasehold interestdate of disbursement at the highest rate which may be collected from Borrower under applicable law or, exercise at Lender's option, the rate stated in the Note. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any option mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing contained in this SECTION 8 shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is Grantor fails to perform or otherwise breaches the covenants, agreements, representations or warranties contained in Default the Loan Documents or in this Deed 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 ▇▇▇▇▇▇'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 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 Lender’s ▇▇▇▇▇▇'s interest, including, but not limited to, (i) disbursement of attorneys’ fees, (ii) reasonable attorney's 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 6 hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of with respect to any option to renew or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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 other encumbrance on the Property which is not a Permitted Encumbranceor by law or otherwise to cure any default under such encumbrance (without implying the consent of Lender to any other deed of trust or lien). In additionAny amounts disbursed by Lender pursuant to this Section 9, if with interest thereon, shall become additional indebtedness of Grantor secured by this Deed of Trust. Such amounts shall be payable within ten days of written notice from Lender to Grantor requesting payment thereof and Lender may bring suit to collect any amounts so disbursed plus interest as specified in the Note. Nothing contained in this Section 9 shall require Lender to incur any expenses or take any action or proceeding is commenced which affects the Property or title thereto or the interest of hereunder and Grantor shall release and indemnify Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy and shall hold Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to harmless from any such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’sexpenses.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform any of the covenants and agreements contained in Default 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 '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, (ia) disbursement of attorneys’ ' fees, (iib) entry upon the Property to make repairs, (iiic) procurement of satisfactory insurance as provided in paragraph 6 Section 5 hereof, and (ivd) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease. Any amounts disbursed by Lender pursuant to this Section 8, (v) with interest thereon, shall become additional Indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the payment date of disbursement at the lesser of 18% or the highest rate permitted by law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding Indebtedness. Nothing contained in this Section 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 hereofherein, (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Leaseground lease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payable, and (vi) discharge (payment of any other amounts contemplated in any of the Loan Documents. Any amounts disbursed by Lender pursuant to this Section, with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, bonding such amounts shall be immediately due and payable upon demand and shall bear interest from the date of disbursement at the rate then applicable to 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 law. Nothing contained in this Section or otherwise) elsewhere in any of the Loan Documents shall require Lender to incur any lien on the Property which is not a Permitted Encumbrance. In addition, if expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Except when Borrower is has exercised Borrower’s rights under paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in Default this Deed 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, : (ia) disbursement 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 attorneys’ fees, the Property; (iic) entry upon sums due on any prior lien or encumbrance on the Property to make repairs, Property; (iii) procurement of satisfactory insurance as provided in paragraph 6 hereof, (ivd) if the Instrument encumbers Property is a leasehold interestor is subject to a lease, exercise of any option to renew or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, all sums due under such lease; (ve) the payment reasonable costs and expenses of any taxes and/or assessments levied against defending, protecting, and maintaining the Property and then due Lender’s interest in the Property, including repair and payablemaintenance 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; (vif) discharge 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 payment, bonding or otherwise) a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any lien prior encumbrance on the Property which is not a Permitted Encumbranceor by law or otherwise to cure any default under said prior encumbrance. In additionAny amounts disbursed by Lender pursuant to this paragraph 9, if with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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, to (i) disbursement of attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof. Any amounts disbursed by Lender pursuant to this paragraph 8, (iv) if with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the Instrument encumbers a leasehold interestdate of disbursement at the rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, exercise 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 option 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 renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 's interest, including, but not limited to, (ia) disbursement of attorneys’ attorney's fees, (iib) entry upon the Property to make repairs, and (iiic) procurement of satisfactory insurance as provided in paragraph 6 5 hereof. Any amounts disbursed by Lender pursuant to this paragraph, (iv) if with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall, after notice to Borrower, be immediately due and payable and shall bear interest from the Instrument encumbers a leasehold interestdate of disbursement at the highest rate stated in the Obligation unless collection from Borrower of interest at such rate would be contrary to applicable law, exercise 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 option mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 5 hereof, and (iv) if the this Instrument encumbers is on a leasehold interestleasehold, exercise of any option to renew or extend the Lease ground lease on behalf of Borrower and the curing of or any default of Borrower in the terms and conditions or the ground lease. Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the Leasedate of disbursement at the rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, (v) in which event such amounts shall bear interest at the payment 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 taxes and/or assessments levied against mortgage or other lien discharged, in whole or in part, by the Property and then due and payable, and (vi) discharge (by payment, bonding indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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, (ia) disbursement of attorneys’ attorney's fees, (iib) entry upon the Property to make repairs, and (iiic) procurement of satisfactory insurance as provided in paragraph 6 5 hereof. Any amounts disbursed by Lender pursuant to this paragraph, (iv) if with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the Instrument encumbers a leasehold interestdate of disbursement at the rate stated in the Note unless collection from Borrower of interest at such rate would be contrary to applicable law, exercise 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 option deed of trust or other lien discharged, in whole or in part, by the indebtedness secured hereby. Nothing contained in this paragraph shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (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. In addition, if take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.

PROTECTION OF LENDER'S SECURITY. If Subject to the rights of Borrower is under Paragraph 9, if Borrower fails to perform any of the covenants and agreements contained in Default the Loan Documents prior to the expiration of any cure period specifically provided for such failure, or if any action or proceeding is commenced which adversely affects the Secured 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 decedentthe title thereto, then Lender Lender, at Lender’s option option, may make perform such appearancescovenants and agreements, disburse defend against and/or investigate such sums action or proceeding, and take such other action as Lender deems necessary, in its sole discretion, necessary to protect Lender’s interest. Lender shall give Borrower prompt written notice of any such performance, includingdefense or other action taken by Lender. Lender shall be the sole judge of the legality, but not limited tovalidity and priority of any claim, lien, encumbrance, tax, assessment, charge and premium paid by it and of the amount necessary to be paid in satisfaction thereof. Lender is hereby given the power of attorney (iwhich power is coupled with an interest and is irrevocable) disbursement of attorneys’ fees, (ii) entry to enter upon the Secured Property as Borrower’s agent and in Borrower’s name to make repairsperform any and all covenants and agreements to be performed by Borrower as herein provided. Any amounts or expenses disbursed or incurred by Lender pursuant to this Paragraph 13, with interest thereon, shall become additional Indebtedness of Borrower secured by this Deed. Unless Borrower and Lender agree in writing to other terms of repayment, such amounts shall be due and payable fifteen (iii15) procurement days after notice of satisfactory insurance as provided demand thereof, and shall bear interest from the date of disbursement at the “Default Rate” stated in paragraph 6 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. Lender shall, at its option, be subrogated to the lien of any mortgage or other lien discharged in whole or in part by the Indebtedness or by Lender under the provisions hereof, (iv) if the Instrument encumbers a leasehold interest, exercise of and any option such subrogation rights shall be additional and cumulative security for this Deed. Nothing contained in this Paragraph 13 shall require Lender to renew incur any expense or extend the Lease on behalf of Borrower and the curing of do any default of Borrower in the terms and conditions of the Lease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payableact hereunder, and (vi) discharge (Lender shall not be liable to Borrower for any damages or claims arising out of action taken by payment, bonding or otherwise) of any lien on the Property which is not a Permitted Encumbrance. In addition, 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect pursuant to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’sthis Paragraph 13.

PROTECTION OF LENDER'S SECURITY. If Borrower is fails to perform the covenants and agreements contained in Default 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 '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 attorneys’ attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 6 PARAGRAPH 5 hereof, and (iv) if the Instrument encumbers a leasehold interest, exercise of any option to renew or extend the Lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the Lease, (v) the payment of any taxes and/or assessments levied against the Property and then due and payable. Any amounts disbursed by Lender pursuant to this PARAGRAPH 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Instrument. Unless Borrower and (vi) discharge (by Lender agree to other terms of payment, bonding or otherwise) 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 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 on discharged, in whole or in part, by the Property which is not a Permitted Encumbranceindebtedness secured hereby. In addition, if Nothing contained in this PARAGRAPH 8 shall require Lender to incur any expense or take 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 bankruptcy and Lender determines in its reasonable discretion that Borrower is not diligently pursuing available legal rights or remedies with respect to such actions or proceedings and such non-action could result in a material adverse effect on the value of the Property, then Lender, at Lenders option, may make such appearances, disburse such sums (including reasonable attorneys’ fees) and take such actions as Lender deems reasonably necessary to protect Lender’shereunder.