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

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in 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, then Lender, at Lender’s option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9, 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 hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in 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, then Lender, at Lender’s option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and XxxxxxLxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9, 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 hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurements of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. ground lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions 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 ground lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice and shall be 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including. Including, but not limited to: 9.1. , (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 general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. ground lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions 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 ground lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails to perform Upon the covenants occurrence and agreements contained in this Deed during the continuance 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 Event of Default beyond applicable notice and cure periods set forth in the PropertyLease Agreement, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s interest, including, but not limited to: 9.1. , (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, (iv) exercise of any general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. Severance Lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions of the Property; 9.3. sums due on any prior lien or encumbrance on Severance Lease, and, (v) the Property; 9.4. if the Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 payment of any prior encumbrance on the Property Impositions or by law or otherwise to cure any default under said prior encumbranceinsurance premiums then due and payable. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice and shall bear interest from the date of disbursement at the Default Rate stated in the Lease Agreement 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, 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 , (i) disbursement of the Property; 9.3. sums due on any prior lien or encumbrance on the Property; 9.4. if attorney's fees, (ii) entry upon the Property is a leasehold or is subject to a leasemake repairs, all sums due under such lease; 9.5. the reasonable costs and expenses (iii) procurement of defending, protectingsatisfactory insurance as provided in paragraph 5 hereof, and maintaining (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the Property ground lease on behalf of Borrower and Xxxxxx’s interest the curing or any default of Borrower in the Property, including repair terms and maintenance costs and expenses, costs and expenses of protecting and securing conditions or 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 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 cure any default under said prior encumbranceground lease. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s interest, including, but not limited to: 9.1. , (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, (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special 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, and (v) the payment of any taxes or ditch or water and/or 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair then due 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 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 cure any default under said prior encumbrancepayable. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Subject to the rights of Borrower has exercised Borrower’s rights under § 6 aboveParagraph 9, if Borrower fails to perform any of the covenants and agreements contained in this Deed the Loan Documents prior to the expiration of Trust, or if a default occurs in a prior lienany cure period specifically provided for such failure, or if any action or proceeding is commenced which materially adversely affects Lender’s the Secured Property or the interest in of Lender therein, or the Propertytitle thereto, then Lender, at Lender’s option, with notice to Borrower if required by lawmay perform such covenants and agreements, may make defend against and/or investigate such appearancesaction or proceeding, disburse such sums and take such other action as is Lender deems 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 to: 9.1. validity and priority of any general or special taxes or ditch or water assessments levied or accruing against claim, lien, encumbrance, tax, assessment, charge and premium paid by it and of the Property; 9.2. the premiums on any insurance amount necessary to protect be paid in satisfaction thereof. Lender is hereby given the power of attorney (which power is coupled with an interest and is irrevocable) to enter upon the Secured Property as Borrower’s agent and in Borrower’s name to perform 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 and all covenants and agreements to a lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 Lender or holder of the certificate of purchase; 9.6. all other costs and expenses allowable be performed 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 cure any default under said prior encumbranceas herein provided. Any amounts or expenses disbursed or incurred by Lender pursuant to this § 9Paragraph 13, with interest thereon, shall become additional indebtedness Indebtedness of Borrower secured by this Deed Deed. Unless Borrower and Lender agree in writing to other terms of Trust. Such repayment, such amounts shall be due and payable upon fifteen (15) days after notice from Lender to Borrower requesting payment of demand thereof, 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 which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Lender may bring suit shall, at its option, be subrogated to collect the lien of any amounts so disbursed plus interest specified mortgage or other lien discharged in § 2.2 (Note: Other Obligations Secured)whole or in part by the Indebtedness or by Lender under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Deed. Nothing contained in this § 9 Paragraph 13 shall require Lender to incur any expense or take do any act hereunder, and Lender shall not be liable to Borrower for any damages or claims arising out of action hereundertaken by Lender pursuant to this Paragraph 13.

PROTECTION OF LENDER'S SECURITY. Except when Borrower Wildcat has exercised BorrowerWildcat’s rights under § paragraph 6 above, if Borrower Wildcat fails to perform the covenants and agreements contained in 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 's interest in the Property, then Lender, at Lender’s 's option, with notice to Borrower Wildcat if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender’s 's interest, including, but not limited to: 9.1. (a) any general or special taxes or ditch or water assessments levied or accruing against the Property; 9.2. (b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property; 9.3. (c) sums due on any prior lien or encumbrance on the Property; 9.4. (d) if the Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5. (e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s 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; 9.6. (f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust; , and 9.7. (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower Wildcat hereby assigns to Lender any right Borrower Wildcat may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § paragraph 9, with interest thereon, shall become additional indebtedness of Borrower Wildcat secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower Wildcat requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 paragraph 2(b) (Note: Notes; Other Obligations Secured). Nothing contained in this § paragraph 9 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (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 general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. ground lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions 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 ground lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but bur not limited to: 9.1. , (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 general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. ground lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions 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 ground lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (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, (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special 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, and (v) the payment of any taxes or ditch or water and/or 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair then due 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 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 cure any default under said prior encumbrancepayable. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, thereon shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails to perform Upon the covenants occurrence and agreements contained in this Deed during the continuance 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 Event of Default beyond applicable notice and cure periods set forth in the PropertyLease Agreement, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (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, (iv) exercise of any general option to renew or special taxes or ditch or water assessments levied or accruing against extend the Property; 9.2. Severance Lease on behalf of Borrower and the premiums on curing of any insurance necessary to protect any improvements comprising a part default of Borrower in the terms and conditions of the Property; 9.3. sums due on any prior lien or encumbrance on Severance Lease, and, (v) the Property; 9.4. if the Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 payment of any prior encumbrance on the Property Impositions or by law or otherwise to cure any default under said prior encumbranceinsurance premiums then due and payable. Any amounts disbursed by Lender pursuant to this § 9PARAGRAPH 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice and shall bear interest from the date of disbursement at the Default Rate stated in the Lease Agreement 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 PARAGRAPH 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, then Lenderincluding, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (i) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special 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, (v) the payment of any taxes or ditch or water and/or 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair then due 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 costspayable, and fees and costs (vi) payment of an attorney any other amounts contemplated in the employment of Lender or holder any 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 cure any default under said prior encumbranceLoan Documents. Any amounts disbursed by Lender pursuant to this § 9Section, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice demand and shall bear interest from Lender the date of disbursement at the rate then applicable to principal under the Note unless collection from Borrower requesting payment thereofof interest at such rate would be contrary to applicable law, and Lender in which event such amounts shall bear interest at the highest rate which may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)be collected from Borrower under applicable law. Nothing contained in this § 9 Section or elsewhere in any of the Loan Documents shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, Lender at Lender’s option, with notice to Borrower if required by law, 's option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including, but not limited to: 9.1. , (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, (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special 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, and (v) the payment of any taxes or ditch or water and/or 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair then due 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 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 cure any default under said prior encumbrancepayable. Any amounts disbursed by Lender pursuant to this § 9paragraph 8, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice 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 Borrower requesting payment thereofthe lien of any mortgage or other lien discharged, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)whole or in part, by the indebtedness secured hereby. Nothing contained in this § 9 paragraph 8 shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if Borrower fails If the Borrowers or the Accommodation Parties fail to perform the covenants and agreements contained in this Deed of TrustMortgage, or if a default occurs in a prior lien, or if there is any action or legal proceeding is commenced which materially affects that may significantly affect the Lender’s 's interest in the PropertyMortgaged Property (such as a proceeding in bankruptcy, probate, condemnation, or to enforce laws or regulations), then Lenderthe Lender may, at Lender’s optionits sole option and discretion, with notice to Borrower if required by law, may make such appearances, disburse such sums do and take such action as pay for whatever 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 value of the Mortgaged Property and the Lender's rights in the Mortgaged Property; 9.3. The Lender's actions may include paying any sums due on any prior secured by a lien or encumbrance that has priority over the lien created by this Mortgage, appearing in court, paying reasonable attorneys' fees and entering on the Property; 9.4. if the Mortgaged Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’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 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 cure any default under said prior encumbrancemake repairs. Any amounts disbursed by the Lender pursuant to under this § 9, with interest thereon, shall Section 7 will become additional indebtedness debt of Borrower the Borrowers due under the Note and will be secured by this Deed Mortgage. Unless the Borrowers and the Lender agree to other terms of Trust. Such payment, these amounts shall will bear interest from the date of disbursement at an interest rate equal to the lesser of eighteen percent (18%) per annum or the highest interest rate permissible under applicable law, and such additional debt, along with interest, will be immediately due and payable upon notice from the Lender to Borrower requesting payment thereof, the Borrowers demanding such payment. Any action taken or expense incurred by the Lender under this Mortgage will be at its sole option and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured). Nothing discretion and nothing contained in this § 9 shall Mortgage, including but not limited to this Section 7, will require the Lender to take any action or to incur any expense or take any action hereunderunder this Mortgage.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lienInstrument, or if any action or proceeding is commenced which materially affects Lender’s the Property or title thereto or the interest in the Propertyof Lender therein, then Lenderincluding, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, Lender at Lender’s option, with notice to Borrower if required by law, option may make such appearances, disburse such sums and take such action as is necessary Lender deems necessary, in its sole discretion, to protect Lender’s interest, including, but not limited to: 9.1. , (i) disbursement of attorney’s fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided herein, (iv) if this Instrument is on a leasehold, exercise of any general option to renew or special 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, (v) the payment of any taxes or ditch or water and/or 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair then due 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 costspayable, and fees and costs (vi) payment of an attorney any other amounts contemplated in the employment of Lender or holder any 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 cure any default under said prior encumbranceLoan Documents. Any amounts disbursed by Lender pursuant to this § 9Section, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed Instrument. Unless Borrower and Lender agree to other terms of Trust. Such payment, such amounts shall be immediately due and payable upon notice demand and shall bear interest from Lender the date of disbursement at the rate then applicable to principal under the Note unless collection from Borrower requesting payment thereofof interest at such rate would be contrary to applicable law, and Lender in which event such amounts shall bear interest at the highest rate which may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured)be collected from Borrower under applicable law. Nothing contained in this § 9 Section or elsewhere in any of the Loan Documents shall require Lender to incur any expense or take any action hereunder.

PROTECTION OF LENDER'S SECURITY. Except when Borrower has exercised Borrower’s rights under § 6 above, if If Borrower fails to perform the covenants and agreements contained in 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, including, but not limited to, default on or foreclosure of the Senior Debt, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving bankrupt or decedent, then Lender, Lender at Lender’s option, with upon notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lenderprotest Xxxxxx’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 , disbursement 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, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Xxxxxx’s interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiverattorney’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of an attorney in making the employment of Lender or holder of the certificate of purchase; 9.6. all other costs and expenses allowable loan secured by the evidence of debt or this Deed of Trust; and 9.7. , Borrower shall pay the premiums required to maintain such other costs insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower’s and expenses which may be authorized by a court of competent jurisdictionLender’s written agreement or applicable law. Borrower hereby assigns to Lender any right Borrower may have by reason shall pay the amount of any prior encumbrance on all mortgages insurance premiums in the Property or by law or otherwise to cure any default manner provided under said prior encumbranceSection 3 hereof. Any amounts disbursed by Lender Xxxxxx pursuant to this § 9Section 11, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such Unless Borrower and Lender agree to other terms of payment, such amounts shall constitute future advances hereunder and shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit shall bear interest from the date of disbursement at the rate of ten percent (10%) annum, unless payment of such interest at such rate would be contrary to collect any amounts so disbursed plus applicable law, in which event such advances shall bear 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 hereunderat the highest rate permissible under applicable law.