Common use of Rights and Remedies of Lender Clause in Contracts

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note Note, any Security Documents or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default a default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors the Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event event of Default default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantorsthe Guarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s 's remedies hereunder against Guarantors the Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender Xxxxxx to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors the Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any the Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effecteffect with respect to the remaining Obligations outstanding, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s 's remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender Xxxxxx to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby (subject, however, to the provisions of Paragraphs 24 and 25 below) even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In Upon the event occurrence of an Event of Default under the Note or the other Loan Documents, or this Agreement and at any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)time thereafter, Lender shall have the right to enforce following rights and remedies; (i) Lender may, at its rightsoption, powers declare all of the Obligations immediately due and remedies thereunder payable; (ii) Lender may, without notice or hereunder demand or legal process, take possession of the Collateral wherever found and, for this purpose, may enter upon the property occupied or under any other Loan Document, in any order, the control of Borrower; (iii) Lender may require Borrower to assemble the Collateral and all rights, powers and remedies make it available to Lender in such event shall at a place to be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or designated by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan DocumentsLender; (iv) Lender, at its sole discretionthe expense of Borrower, and may make repairs deemed necessary or desirable to the Collateral; (v) with or without notice to Guarantorsobtaining possession of the Collateral or any part thereof, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of sell the same at a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale in the wholesale or retail market, with or without notice to the Borrower. Lender may also advertise and sell repossessed Collateral through internal websites through which equipment similar to the Collateral is sold and such disposition shall be deemed in conformity with reasonable commercial practice among dealers of the type of property that was the subject of the disposition. The proceeds of any security sale or collateral for sales, after deducting all expense of Lender in taking, storing, repairing, and selling the Collateral (including reasonable attorneys’ fees and legal expenses) shall be applied to the payment of any part or all of the Obligations guaranteed hereby (it being understood and any other indebtedness or liability or Borrower to Lender, end any surplus thereafter remaining shall be paid to Borrower or to any other person that as may be legally entitled to such surplus. At any sale or disposition, Lender may accept a trade of property for all or any portion of the Closing Date, the Obligations are unsecured), whether sales price. As permitted by foreclosure or otherwiseapplicable law, Lender may, in its discretionat any sale, public or private, of the Collateral, purchase any or all of the Collateral offered at such sale. Lender shall be under no duty to select any items or Collateral over any part other items or to sell the items of Collateral pro rata or in any order but may select and sell such security Items as Lender may determine. Lender shall not be responsible for any injury or collateral loss to the Collateral unless caused by the willful wrongful acts or omission of Lender while the Collateral is in Lender’s possession. Lender may, at its option, and without any obligation to do so, pay, perform, and discharge any and all amounts, costs, expenses, and liabilities herein agreed to be paid or performed by Borrower, and all amounts so sold or offered for sale for its own account and may apply against the amount bid therefor all or any expended by Lender shall become part of the balance Obligations and shall be immediately due it pursuant and payable by Borrower upon demand and shall bear interest at the Default Rate (as defined in the Notes). Lender may pursue any legal remedy available to collect all Obligations and to enforce its rights in the terms Collateral. No action by Lender shall operate at a waiver of the Note any other right or remedy of Lender. The failure of Lender to take any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue actions or exercise any of the rights or remedies available granted to Lender in this Agreement shall not be construed to be a waiver of any of the rights or remedies of Lender. Lender shall have all of the rights and remedies afforded a secured party under the Uniform Commercial Code as adopted in North Carolina and all other rights or remedies provided under applicable law. Borrower agrees that the Collateral is of a type customarily sold in recognized markets within the meaning of the Uniform Commercial Code. All rights and remedies of Lender under this Agreement shall be cumulative and not alternative and shall inure to the benefit of Lender and its successors and assigns. In Lender’s exercise of the powers granted by Borrower under this Agreement, no liability shall be asserted or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effectenforced against Lender except for Lender’s willful wrongful acts, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower expressly waives and releases Lender from all other such claims or any other Person may be destroyed or diminished by the exercise of any such remedyliabilities.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or hereunder or by law or concurrently provided, however, that in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance case of any Event of Default under referred to in Sections 8.6, 8.7 and 8.8 above the Note unpaid principal balance of the Notes, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: (a) Declare the Notes, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. (c) Take possession of the Collateral, and for that purpose, so far as Borrower may give authority therefore, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, BORROWER HEREBY WAIVES ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Borrower in order to continue or complete performance of Borrower’s obligations under any contracts of Borrower), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Obligations guaranteed hereby (it being understood that as of the Closing DateCollateral at any such sale or other disposition, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note extent permitted by applicable law. (e) Enforce Borrower’s rights against any account debtor and other Obligors. (f) Cease making Advances hereunder and under any other commitments or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election credit accommodations of Lender to pursue Borrower and stop and retract the making of any of the remedies available to Lender, Advance hereunder or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights thereunder which any Guarantor may have against Borrower or any other Person may be destroyed or diminished been requested by the exercise of any such remedyBorrower.

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or hereunder or by law or concurrently provided, however, that in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance case of any Event of Default under referred to in Sections 8.1, 8.3, 8.6, 8.8, 8.11 and 8.12 above the Note unpaid principal balance of the Notes, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrowers to Lender without notice, presentment or demand: (a) Declare the Notes, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. (c) Take possession of the Collateral, and for that purpose, so far as Borrowers may give authority therefore, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, BORROWERS HEREBY WAIVE ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrowers, at Borrowers’ expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Borrowers in order to continue or complete performance of Borrowers’ obligations under any contracts of Borrowers), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Obligations guaranteed hereby (it being understood that as of the Closing DateCollateral at any such sale or other disposition, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note extent permitted by applicable law. (e) Enforce Borrowers’ rights against other Obligors. (f) Cease making Advances hereunder and under any other commitments or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election credit accommodations of Lender to pursue Borrowers and stop and retract the making of any of the remedies available to Lender, Advance hereunder or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights thereunder which any Guarantor may have against Borrower or any other Person may be destroyed or diminished been requested by the exercise of any such remedyBorrowers.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default a default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event event of Default default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies Lender's xxxxxxes hereunder against Guarantors for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue xxxxxe any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In Upon the event occurrence of an Event of Default under the Note or the other Loan Documents, or this Agreement and at any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)time thereafter, Lender shall have the right to enforce following rights and remedies: (i) Lender may, at its rightsoption, powers declare all of the Obligations immediately due and remedies thereunder payable; (ii) Lender may, without notice or hereunder demand or legal process, take possession of the Collateral wherever found and, for this purpose, may enter upon the property occupied or under any other Loan Document, in any order, the control of Borrower; (iii) Lender may require Borrower to assemble the Collateral and all rights, powers and remedies make it available to Lender in such event shall at a place to be nonexclusive and cumulative of all other rightsdesignated by Lender, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents(iv) Lender, at its sole discretionthe expense of Borrower, and may make repairs deemed necessary or desirable to the Collateral; (v) with or without notice to Guarantors, to exercise obtaining possession of the Collateral or any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of part thereof sell the same at a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale in the wholesale or retail market, with or without notice to the Borrower. Lender may also advertise and sell repossessed Collateral through interact websites through which equipment similar to the Collateral is sold and such disposition shall be deemed in conformity with reasonable commercial practice among dealers of the type of property that was the subject of the disposition. The proceeds of any security sale or collateral for sales, after deducting all expense of Lender in taking, storing, repairing, and selling time Collateral (including reasonable attorneys’ fees and legal expenses) shall be applied to the payment of any part or all of the Obligations guaranteed hereby (it being understood and any other indebtedness or liability of Borrower to Lender, and any surplus thereafter remaining shall be paid to Borrower or to any other person that as may be legally entitled to such surplus. At any sale or disposition, Lender may accept a trade of property for all or any portion of the Closing Date, the Obligations are unsecured), whether sales price. As permitted by foreclosure or otherwiseapplicable law, Lender may, in its discretionat any sale, public or private, of the Collateral, purchase any or all of the Collateral offered at such sale. Lender shall be under no duty to select any items of Collateral over any other items or to sell the items of Collateral pro rata or in any part order but may select and sell such items as Lender may determine. Lender shall not be responsible for any injury ix loss to the Collateral unless caused by the willful wrongful acts or omission of such security Lender while the Collateral is in Lender’s possession. Lender may, at its option, and without any obligation to do so, pay, perform, and discharge any and all amounts, coats, expenses, and liabilities herein agreed to be paid or collateral performed by Borrower, and all amounts so sold or offered for sale for its own account and expended by Lender may apply against the amount bid therefor all or any become part of the balance Obligations and shall be immediately due it pursuant and payable by Borrower upon demand and shall bear interest at the Default Rate (as defined in the Notes), Lender may pursue any legal remedy available to collect all Obligations and to enforce its rights in the terms Collateral. No action by Lender shall operate as a waiver of the Note any edger right or remedy of Lender. The failure of Lender to take any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue actions or exercise any of the rights or remedies available granted to Lender in this Agreement shall not be construed to be a waiver of any of the rights or remedies of Lender. Lender shall have all of the rights and remedies afforded a secured party under the Uniform Commercial Code as adopted in North Carolina and all other rights or remedies provided under applicable law. Borrower agrees that the Collateral is of a type customarily sold in recognized markets within the meaning of the Uniform Commercial Code. All rights and remedies of Lender under this Agreement shall be cumulative and not alternative and shall inure to the benefit of Lender and its successors and assigns. In Lender’s exercise of the powers granted by Borrower under this Agreement, no liability shall be asserted or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effectenforced against Lender except for Lender’s willful wrongful acts, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower expressly waives and Mimes Wider from all other such claims or any other Person may be destroyed or diminished by the exercise of any such remedyliabilities.

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default Default, subject to the first priority rights of the Prior Secured Party under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Existing Credit Agreements, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement of this Agreement is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, the rights and remedies of a Lender under the Uniform Commercial Code, and all other rights and remedies available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively, or concurrently: (a) Declare all Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest, or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. (c) Take possession of the Collateral, and for that purpose, so far as Borrower may give authority therefor, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action, or other proceeding, Borrower HEREBY WAIVING ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage, and control the Collateral (including use of the Collateral and any other property or assets of Borrower in order to continue or complete performance of Borrower’s obligations under any contracts of Borrower), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Obligations guaranteed hereby (it being understood that as of the Closing DateCollateral at any such sale or other disposition, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or extent permitted by applicable law. (e) Enforce Borrower’s rights against any of the account debtor and other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedyobligors.

Rights and Remedies of Lender. In the event of an Event of a Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Documentagreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the Obligations, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)Obligations, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced or secured by the Note or the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default a default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event event of Default default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Deed or any of the other Loan Document without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to Lendxx xx pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In 8.2.1 Notwithstanding any provision to the event contrary herein or any of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal propertythis Agreement, or enforcement during the continuance of any assignment an Event of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Default under any of the other Loan Document without prejudice Documents: (i) Lender’s obligation to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason make further disbursements of the election Loan shall xxxxx; and (ii) if the Event of Default shall not be cured within the applicable notice and cure periods, then Lender shall, at its option, have the remedies provided in -the Loan Document breached by Borrower, including, without limitation, the option to pursue declare all outstanding indebtedness to be immediately due and payable without presentment, demand, protest or notice of any kind, and the following remedies: Lender’s obligation to make further disbursements to Borrower shall terminate; Lender may, at its option, apply any of Borrower’s funds in its possession to the outstanding indebtedness under the Note whether or not such indebtedness is then due; Lender may exercise all rights and remedies available to Lender, it under any or if such Obligations are otherwise partially paid, this Guaranty all of the Loan Documents; and Lender shall nevertheless remain in full force have the right to cause an independent contractor selected by Lender to enter into possession of the Property and effect, to perform any and Guarantors shall remain liable all work and labor necessary for the entire balance completion of the Obligations guaranteed hereby even though any rights which any Guarantor may Project substantially in accordance with the Plans and Specifications and to perform Borrower’s obligations under this Agreement. All sums expended by Lender for such purposes shall be deemed to have against been disbursed to and borrowed by Borrower or any other Person may and shall be destroyed or diminished secured by the exercise Deed of any such remedyTrust on the Property. (a) Subject to the provisions of Sections 8.2.1(b) and 8.2.1

Rights and Remedies of Lender. In Upon the event happening or occurrence of an Event of Default hereunder which is continuing uncured and unwaived, and at any time thereafter and from time to time, Lender shall have all of the rights and remedies of a secured party under the Note Uniform Commercial Code as enacted in and then in effect in New York. In addition, Lender shall also have the following rights and remedies: (a) Without further notice to Assignor, Lender shall have the right and be entitled to notify the Issuer of any of the Stock to make payment to Lender and to receive all Distributions to be applied toward the satisfaction of the Obligations and to exercise all voting, conversion, exchange, subscription or other corporate rights, privileges or options pertaining to such Stock. (b) Lender shall have the right, at its discretion, to transfer to or register in the name of Lender or any nominee of Lender any of the Collateral. (c) Without demand, notice or advertisement, all of which are hereby expressly waived to the extent permitted by applicable law, Lender may sell, pledge, transfer or otherwise dispose of, or enter into an agreement with respect to the foregoing, or otherwise realize on the Collateral and any other Loan DocumentsCollateral, or any part thereof, at any broker's board or on any exchange or at public or private sale or sales, held at such place or places in the City of themNew York, New York or otherwise, and at such time or times within ordinary business hours, for a purchase price or prices in cash or, without assuming any credit risk or thereby discharging the Obligations to the extent of said purchase price until paid in cash and reserving the right to resell the Collateral upon the failure of said purchaser to so pay the purchase price therefor, upon credit or future delivery, and upon such other terms and conditions as Lender deems satisfactory, and, if required by law, as set forth in any applicable notice. Lender shall not be obligated to make any such sale pursuant to any such applicable notice required by law. Lender may, without notice or publication, adjourn any such sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned. Lender, for its own account, may purchase any or all of the Collateral at any public sale and, in lieu of payment of the purchase price therefor, may set off or apply the purchase price against the Obligations. Lender is authorized, at any sale, if it deems it advisable so to do, to restrict the prospective bidders or purchasers to financially reputable persons who will represent and agree that is continuing (it being understood that they are purchasing for their own account, for investment, and not with a view to the Lender has no obligation to accept cure after an Event distribution or sale of Default occurs)any of the Collateral. Upon any such sale, Lender shall have the right to enforce its rightsdeliver, powers assign, and remedies thereunder transfer to the purchaser thereof, including Lender, that portion of the Collateral so sold. Each purchaser, including Lender, at any sale shall hold the property sold absolutely free from any claim or hereunder right of whatsoever kind, including any equity or right of redemption of Assignor, and Assignor hereby specifically waives and releases all rights of redemption, stay or appraisal which it has or may have under any other Loan Documentrule or law or statute now existing or hereafter adopted. Lender, in any orderhowever, and all rightsinstead of exercising the power of disposition herein conferred upon it, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder may proceed by a suit or hereunder or by suits at law or in equityequity to foreclose the pledge and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction. AccordinglyAfter deducting from the proceeds of the foregoing sale or other disposition of said Collateral, Guarantors hereby authorize all expenses incurred by Lender in connection therewith (including reasonable attorneys' fees), Lender shall apply such proceeds towards the satisfaction of the Obligations and empower Lender upon shall account to Assignor for any surplus of such proceeds. (d) If at any time after the occurrence and during the continuance of any an Event of Default without cure or waiver, in the opinion of counsel for Lender, any proposed disposition of Collateral hereunder requires registration, qualification, notification, or other action under or compliance with any state blue sky or securities law or the Federal Securities Act of 1933, as amended, or any rules or regulations thereunder (collectively, the "Securities Laws"), Assignor, at the request of Lender, will as expeditiously as possible use its best efforts to take such action or cause such action to be taken, comply or cause compliance with such Securities Laws and maintain such compliance or cause such compliance to be maintained for such period as may be necessary to permit such disposition. Assignor acknowledges that a breach of the above covenant contained in this Section 6 may cause irreparable injury to Lender and that Lender will have no adequate remedy at law with respect to such breach, and consequently, Assignor agrees that the above covenant shall be specifically enforceable and Assignor hereby waives, to the extent such waiver is enforceable under law, and agrees not to assert any defenses against an action for specific performance of such covenant. In connection with the foregoing, Assignor will (i) pay all expenses imposed on or demanded of Lender under the Note Securities Laws in connection with such compliance, including the expense of furnishing to Lender an adequate number of copies of the prospectus contained in any such registration statement, (ii) indemnify and hold Lender harmless from and against any and all claims and liabilities caused by any untrue statement of a material fact or omission to state a material fact required to be stated in any registration statement, offering circular or prospectus used in connection with such compliance, or necessary to make the statements therein not misleading, and (iii) pay all expenses (including reasonable attorneys' fees) incurred by Lender in specifically enforcing the above covenant. The rights and remedies provided herein, in the Loan Agreement and in any other Loan Documentsagreements between Assignor and Lender are cumulative and are in addition to and not exclusive of the rights and remedies of a secured party under the Uniform Commercial Code and any other rights or remedies provided by applicable law. Assignor hereby (i) names, constitutes and appoints Lender as Assignor's proxy and attorney-in-fact in Assignor's name, place and stead, (ii) authorizes Lender to take, at its sole discretionany time without the appropriate signature of Assignor, any action to take any action for and without notice on behalf of Assignor which is required of Assignor or permitted to Guarantors, to exercise any right or remedy which Lender may havebe taken by the Assignee hereunder, including, but not limited towithout limitation, foreclosurevoting any and all of the Stock or other securities, exercise as such proxy may elect, for and in the name, place and stead of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leasesAssignor, as to any securityall matters coming before shareholders, whether real, personal or intangible. At any public or private sale of any security or collateral for any of and (iii) acknowledges that the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part constitution and appointment of such security or collateral so sold or offered for sale for its own account proxy and may apply against the amount bid therefor all or any part attorney-in-fact are coupled with an interest and are irrevocable. The rights, powers and authority of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty said proxy and attorney-in-fact shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the not be rescinded, revoked, terminated, amended or otherwise modified, until all Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedybeen fully satisfied.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document or agreements relating to the Hedge Obligations without prejudice to XxxxxxLender’s remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower Borrowers or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In Upon and after the event occurrence and continuation of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or hereunder or by law or concurrently provided, however, that in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance case of any Event of Default under referred to in Sections 8.6, 8.7 and 8.8 above the Note unpaid principal balance of the Note, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: (a) Declare the Note, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. STINGRAY PRESSURE PUMPING, LLC PAGE 23 LOAN AND SECURITY AGREEMENT (b) Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. (c) Take possession of the Collateral, and for that purpose, so far as Borrower may give authority therefore, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, BORROWER HEREBY WAIVES ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Borrower in order to continue or complete performance of Borrower’s obligations under any contracts of Borrower), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Obligations guaranteed hereby (it being understood that as of the Closing DateCollateral at any such sale or other disposition, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or extent permitted by applicable law. (e) Enforce Borrower’s rights against any of the account debtor and other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedyObligors.

Rights and Remedies of Lender. In Upon and after the event occurrence and continuation of an Event of Default (provided, after the debt has been accelerated the continuation of the default is not necessary and only payment of the debt can cure the Event of Default), Lender may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to the rights and remedies available to Lender under the Note Loan Documents, the rights and remedies of a secured party under the Uniform Commercial Code and all other rights and remedies available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently provided, however, that in the case of any Event of Default referred to in Sections 8.6, 8.7 and 8.8 above the unpaid principal balance of the Note, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: (a) Declare the Note, all interest accrued and unpaid thereon and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. (c) Take possession of the Collateral, and for that purpose, so far as Borrower may give authority therefor, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, BORROWER HEREBY WAIVING ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Borrower in order to continue or complete performance of Borrower’s obligations under any contracts of Borrower), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and purchase or acquire any of the Collateral at any such sale or other disposition, all to the extent permitted by applicable law. (e) Enforce Borrower’s rights against any account debtors and other obligors. (f) Cease making advances hereunder and under any other commitments or credit accommodations of Lender to Borrower and stop and retract the making of any advance hereunder or thereunder which may have been requested by Borrower. (g) Have a receiver appointed to operate Borrower’s business without bond. (h) Notify all account debtors of Borrower’s default and require all payments from account debtors to be made directly to Lender. (i) Enforce all rights and remedies specifically provided in the other Loan Documents, or any of themincluding without limitation, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any foreclosure of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedyLeasehold Mortgage.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or (if permitted by applicable law) private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. , Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are arc otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In 8.2.1 Notwithstanding any provision to the event contrary herein or any of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal propertythis Agreement, or enforcement during the continuance of any assignment an Event of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Default under any of the other Loan Document without prejudice Documents: (i) Lender’s obligations to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason make further disbursements of the election Loan shall xxxxx; and (ii) if the Event of Default shall not be cured within the applicable notice and cure periods, then Lender shall, at its option, have the remedies provided in the Loan Document breached by Borrower, including, without limitation, the option to declare all outstanding indebtedness to be immediately due and payable without presentment, demand, protest or notice of any kind, and the following remedies: Lender’s obligation to make further disbursements to Borrower shall terminate; Lender may, at its option, apply any of Borrower’s funds in its possession to the outstanding indebtedness under the Note whether or not such indebtedness is then due; Lender may exercise all rights and remedies available to it under any or all of the Loan Documents; and Lender shall have the right to cause an independent contractor selected by Lender to pursue enter into possession of the Property and to perform any and all work and labor necessary for the completion of the Project substantially in accordance with the Plans and Specifications and to perform Borrower’s obligations under this Agreement. All sums expended by Lender for such purposes shall be deemed to have been disbursed to and borrowed by Borrower and shall be secured by the Deed of Trust on the Property. 8.2.2 Upon the occurrence and continuance of any Event of Default Borrower hereby constitutes and appoints Lender, or an independent contractor selected by Lender, as its true and lawful attorney-in-fact with full power of substitution, for the purposes of completion of each and every Project and performance of Borrower’s obligations under this Agreement in the name of Borrower, and hereby empowers said attorney-in-fact from and after the occurrence of an Event of Default under the Loan Documents, unless and until Borrower shall reinstate the Loan pursuant to applicable law and otherwise cure any and all outstanding Events of Default, to do any or all of the following upon the occurrence of an Event of Default (it being understood and agreed that said power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked until repayment of the Loan): (a) To use any of the remedies available to Lenderfunds of Borrower, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire including any balance of the Obligations guaranteed hereby even though Loan, as applicable, and any rights funds which any Guarantor may have against Borrower or any other Person may be destroyed held by Lender for Borrower, for the purpose of effecting completion of the Improvements in the manner called for by the Plans and Specifications; 55 Construction Loan Agreement (b) To make such additions, changes and corrections in the Plans and Specifications as shall be necessary or diminished desirable to complete the Improvements in substantially the manner contemplated by the Plans and Specifications; (c) To employ any contractors, subcontractors, agents, architects and inspectors required for said purposes; (d) To employ attorneys to defend against attempts to interfere with the exercise of power granted hereby; (e) To pay, settle or compromise all existing bills and claims which are or may be liens against the Property, the Improvements or the Project or may be necessary or desirable for the completion of the Improvements or clearance of objections to or encumbrances on title; (f) To execute all applications and certificates in the name of Borrower which may be required by any other construction contract; (g) To prosecute and defend all actions or proceedings in connection with the Project, and to take such remedyaction, require such performance and do any and every other act as is deemed necessary with respect to the completion of the Improvements which Borrower might do on its own behalf; and (h) To let new or additional contracts (to the extent not prohibited by existing contracts) to employ watchmen and erect security fences to protect the Project from injury, and to take such action and require such performance as Lender deems necessary under any of the bonds or insurance policies to be furnished hereunder, to make settlements and compromises with the sureties or insurers thereunder, and in connection therewith to execute instruments of release and satisfaction.

Rights and Remedies of Lender. In the event of an Event of Default ----------------------------- under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced or secured by the Note or the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept any cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default a default under ----------------------------- the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event event of Default default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s Lexxxx'x remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to Lexxxx xo pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or (if permitted by applicable law) private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In 8.2.1 Notwithstanding any provision to the event contrary herein or any of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal propertythis Agreement, or enforcement during the continuance of any assignment an Event of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Default under any of the other Loan Document without prejudice Documents: (i) Lender's obligation to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason make further disbursements of the election Loan shall abatx; xxd (ii) if the Event of Default shall not be cured within the applicable notice and cure periods, then Lender shall, at its option, have the remedies provided in the Loan Document breached by Borrower, including, without limitation, the option to pursue declare all outstanding indebtedness to be immediately due and payable without presentment, demand, protest or notice of any kind, and the following remedies: Lender's obligation to make further disbursements to Borrower shall terminate; Lender may, at its option, apply any of Borrower's funds in its possession to the outstanding indebtedness under the Note whether or not such indebtedness is then due; Lender may exercise all rights and remedies available to Lender, it under any or if such Obligations are otherwise partially paid, this Guaranty all of the Loan Documents; and Lender shall nevertheless remain in full force have the right to cause an independent contractor selected by Lender to enter into possession of the Property and effect, to perform any and Guarantors shall remain liable all work and labor necessary for the entire balance completion of the Obligations guaranteed hereby even though any rights which any Guarantor may Project substantially in accordance with the Plans and Specifications and to perform Borrower's obligations under this Agreement. All sums expended by Lender for such purposes shall be deemed to have against been disbursed to and borrowed by Borrower or any other Person may and shall be destroyed or diminished secured by the exercise Deed of any such remedyTrust on the Property. (a) Subject to the provisions of Sections 8.2.1(b) and 8.2.1

Rights and Remedies of Lender. In the event of an Event of Default a default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event event of Default default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s Lexxxx'x remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to Lexxxx xo pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Connecticut Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or hereunder or by law or concurrently provided, however, that in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance case of any Event of Default under referred to in Sections 9.6, 9.7, and 9.8 above, the Note unpaid principal balance of the Notes, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: a. Declare the Notes, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. b. Institute any proceeding or proceedings to enforce the Obligations and/or any Liens of Lender. c. Take possession of the Collateral, and for that purpose, so far as Obligor may give authority therefor, enter upon (and remain without liability to pay any rent or occupancy charge) any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, Obligor HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING OR PROCESS WITH RESPECT TO REPOSSESSION OF COLLATERAL, and/or require Obligor, at Obligor’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. Obligor shall make available to Lender all premises, locations and facilities necessary for Lender’s taking possession (whether under this paragraph or otherwise) of the Collateral or for removing or putting the Collateral in saleable form. d. Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Obligor in order to continue or complete performance of Obligor’s obligations under any contracts of Obligor), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom; and sell or otherwise dispose of any or all of the Collateral (whether such disposition is at Obligor’s premises or not at such premises) upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Collateral at any such sale or other disposition, all to the fullest extent permitted by applicable law. e. Enforce Obligor’s rights against any account debtors and other obligors. f. Apply (or change any application already made) the proceeds of any Collateral to any Obligations guaranteed hereby (it being understood that in such order and manner as Lender may elect. g. Locate, disable or to take possession of the Closing DateCollateral by electronic, digital, magnetic or wireless optical electromagnetic or similar means after giving any notices required under applicable law. h. Lender shall not be required to apply non-cash Proceeds of any disposition of Collateral until cash is actually received by Lender. Notwithstanding anything contained herein to the Obligations are unsecured)contrary, whether by foreclosure or otherwise, Lender mayand in addition to Lender’s rights set forth herein and at law and in equity, in its discretionaddition to the 90 Day DSCR Cure Period, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against Borrower shall be granted an additional sixty (60) day cure period (the amount bid therefor all or any part of the balance due it pursuant “Additional DSCR Cure Period”) within which to bring Borrower into compliance with the terms of Section 7.16, and during the Note pendency of such Additional DSCR Cure Period (or any such shorter time as such default or Event of Default remains uncured), (i) the Interest Rate as set forth in the Notes shall increase by one half of one percent (0.50%), (ii) Borrower shall promptly pay Lender a fee in the amount of one half of one percent (0.50%) of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire then-outstanding balance of the Obligations guaranteed hereby even though any Obligations, and (iii) Borrower shall promptly make cash payments to Lender to reduce the principal balance of the Loans in an amount sufficient to bring Borrower into compliance with the terms of Section 7.16, as determined by Lender (each, a “Principal Reduction”). Any Principal Reduction shall first be applied to the then-outstanding balance of the Term Loan. Upon the payment of a Principal Reduction, Lender shall determine whether Borrower has satisfied the terms of Section 7.16 based on the remaining principal balance amortization being recast of the remaining term of the Term Loan. Notwithstanding anything contained herein to the contrary, and in addition to Lender’s rights which any Guarantor may have against set forth herein and at law and in equity, if Borrower or any other Person may be destroyed or diminished fails to maintain the Minimum Deposit required by Section 7.20, and does not cure such failure within the exercise thirty (30) day cure period set forth in Section 9.2 above, the Interest Rate as set forth in the Notes shall increase by one half of any such remedyone percent (0.50%).

Rights and Remedies of Lender. In the event of the occurrence of an Event of Default under the Note Notes or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other agreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Notes or contemplated or secured by the Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note Notes or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note Notes or any of the other Loan Document Documents without prejudice to XxxxxxLender’s remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may may, be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that that, except as specifically provided in §12.2(b) of the Credit Agreement, the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantors or any other Person (except to the extent specifically required under a Loan Document or by operation of law), to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiver, receiver or exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor Guarantors may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors REIT hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsREIT, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors REIT for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall REIT shall, upon the occurrence of a Springing Recourse Event, remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor REIT may have against any Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of If an Event of Default under the Note or the other Loan Documentsshall have occurred and be continuing, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender Agent shall have the right to enforce its the rights, powers and remedies thereunder or hereunder or of Lender under any this Guaranty and the other Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower Lender empowers Agent upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan DocumentsDefault, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any collateral or security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, any Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document Documents without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations thx xxxxbtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are xxxxxxedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of If an Event of Default under the Note or the other Loan Documentsshall have occurred and be continuing, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender Agent shall have the right to enforce its the rights, powers and remedies thereunder or hereunder or of Lender under any this Guaranty and the other Loan DocumentDocuments, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower Lender empowers Agent upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan DocumentsDefault, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any collateral or security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations indebtedness or any part thereof guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, any Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document Documents without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations indebtedness guaranteed hereby are is partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are indebtedness is otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations indebtedness guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At Subject to and in accordance with the terms, conditions, and restrictions of the Credit Agreement and the other Loan Documents, at any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept any cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this 7 Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.(Condor term loan)

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Connecticut Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder or hereunder or by available to Lender under applicable law or in equity. Accordingly, Guarantors hereby authorize all such rights and empower Lender upon remedies being cumulative and enforceable alternatively, successively or concurrently provided, however, that in the occurrence and during the continuance case of any Event of Default under referred to in Sections 9.6, 9.7, and 9.8 above, the Note unpaid principal balance of the Note, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: a. Declare the Note, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. b. Institute any proceeding or proceedings to enforce the Obligations and/or any Liens of Lender. c. Take possession of the Collateral, and for that purpose, so far as Obligor may give authority therefor, enter upon (and remain without liability to pay any rent or occupancy charge) any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, Obligor HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING OR PROCESS WITH RESPECT TO REPOSSESSION OF COLLATERAL, and/or require Obligor, at Obligor’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. Obligor shall make available to Lender all premises, locations and facilities necessary for Lender’s taking possession (whether under this paragraph or otherwise) of the Collateral or for removing or putting the Collateral in saleable form. d. Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Obligor in order to continue or complete performance of Obligor’s obligations under any contracts of Obligor), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom; and sell or otherwise dispose of any or all of the Collateral (whether such disposition is at Obligor’s premises or not at such premises) upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Collateral at any such sale or other disposition, all to the fullest extent permitted by applicable law. e. Enforce Obligor’s rights against any account debtors and other obligors. f. Apply the proceeds of any Collateral to any Obligations guaranteed hereby in such order and manner as Lender may elect (it or change any application already made). g. Locate, disable or to take possession of the Collateral by electronic, digital, magnetic or wireless optical electromagnetic or similar means after giving any notices required under applicable law. h. Lender shall not be required to apply non-cash proceeds of any disposition of Collateral until cash is actually received by Lender. Notwithstanding anything contained herein to the contrary, and in addition to Lender’s rights set forth herein and at law and in equity, in addition to the 90 Day DSCR Cure Period, Borrower shall be granted an additional sixty (60) day cure period (the “Additional DSCR Cure Period”) within which to bring Borrower into compliance with the terms of Section 7.16, and during the pendency of such Additional DSCR Cure Period (or such shorter time as such default or Event of Default remains uncured), (i) the Interest Rate as set forth and defined in the Note shall increase by one half of one percent (0.50%), (ii) Borrower shall promptly pay Lender a fee in the amount of one half of one percent (0.50%) of the then-outstanding balance of the Obligations, and (iii) Borrower shall promptly make cash payments to Lender to reduce the principal balance of the Loan in an amount sufficient to bring Borrower into compliance with the terms of Section 7.16, as determined by Lender (each, a “Principal Reduction”). Upon the payment of a Principal Reduction, Lender shall determine whether Borrower has satisfied the terms of Section 7.16 based on the remaining principal balance amortization being understood that recast of the remaining term of the Loan. Notwithstanding anything contained herein to the contrary, and in addition to Lender’s rights set forth herein and at law and in equity, if Borrower fails to maintain the Minimum Deposit required by Section 7.20, and does not cure such failure within the thirty (30) day cure period set forth in Section 9.2 above, the Interest Rate as set forth and defined in the Note shall increase by one half of one percent (0.50%). To determine if the Borrower has cured such failure or not, on the last day of such thirty (30) day cure period (the “Minimum Deposit Cure Testing Date”), Borrower shall provide Lender with a calculation of the Minimum Deposit as of the Closing Minimum Deposit Cure Testing Date, which, for the avoidance of doubt, shall be calculated over a trailing ninety (90) days as of such Minimum Cure Testing Date. If Borrower is in compliance with the Minimum Deposit as of the Minimum Deposit Cure Testing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, Interest Rate as set forth and defined in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficienciesshall remain unchanged. If the Obligations guaranteed hereby are partially paid by reason Borrower is not in compliance with the Minimum Deposit as of the election Minimum Deposit Cure Testing Date, the Interest Rate as set forth and as defined in the Note shall increase by one half of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedyone percent (0.50%).

Rights and Remedies of Lender. In Upon and after the event occurrence of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs)Default, Lender shall have may, following any applicable Notice and Cure Period, without further notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the right to enforce its rights, powers following rights and remedies thereunder or hereunder or under any other Loan Documentremedies, in any order, and all rights, powers addition to the rights and remedies available to Lender in such event shall be nonexclusive under the Loan Documents, the rights and cumulative remedies of a secured party under the Uniform Commercial Code and all other rights, powers rights and remedies provided thereunder available to Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or hereunder or by law or concurrently provided, however, that in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance case of any Event of Default under the Note unpaid principal balance of the Note, together with all accrued and unpaid interest and all other Obligations then outstanding shall be automatically due and payable by Borrower to Lender without notice, presentment or demand: 10.1.1. Declare the Note, all interest accrued and unpaid thereon and all other Loan DocumentsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand for payment, protest or notice of any kind, all of which are hereby expressly waived. 10.1.2. Institute any proceeding or proceedings to enforce the Obligations and any Liens of Lender. 10.1.3. Take possession of the Collateral, and for that purpose, so far as Borrower may give authority therefor, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom without any liability for suit, action or other proceeding, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. 10.1.4. Operate, manage and control the Collateral (including use of the Collateral and any other property or assets of Borrower in order to continue or complete performance of Borrower’s obligations under any contracts of Borrower), or permit the Collateral or any portion thereof to remain idle or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral upon such terms and under such conditions as Lender, in its sole discretion, may determine, and without notice to Guarantors, to exercise any right purchase or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for acquire any of the Obligations guaranteed hereby (it being understood that as of the Closing DateCollateral at any such sale or other disposition, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note extent permitted by applicable law. 10.1.5. Enforce Borrower’s rights against any account debtors and other obligors. 10.1.6. Cease making advances hereunder and under any other commitments or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election credit accommodations of Lender to pursue Borrower and stop and retract the making of any of the remedies available to Lender, advance hereunder or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights thereunder which any Guarantor may have against Borrower been requested by Borrower. 10.1.7. Lender may apply any payments received from Borrower, Guarantor or any other Person may be destroyed Loan Party, to the Notes, or diminished either of them, at Lender’s discretion, notwithstanding any designation allocated by the exercise of any such remedy.payer with respect thereto

Rights and Remedies of Lender. In At any time after the event occurrence of a Default hereunder, Xxxxxx shall have all of the rights and remedies available under applicable law, including, by way of illustration and not of limitation, the right: (i) to declare the Debt immediately due and payable; (ii) to commence and maintain an Event action or actions in any court of Default under competent jurisdiction to foreclose this Instrument and the security interest granted herein, or to obtain specific enforcement of the covenants of Borrower hereunder, and Xxxxxxxx agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy, and that for the purposes of any action brought hereunder, Borrower waives the defenses of laches and any statute of limitations; (iii) to enter upon, possess, manage and operate the Mortgaged Property or any part thereof, to make, terminate, enforce or modify the Leases upon such terms and conditions as Lender deems proper, and to make repairs, alterations and improvements to the Mortgaged Property necessary in Xxxxxx's judgment to protect or enhance the security hereof; (iv) to enforce and realize upon, or waive, the security hereunder and any other security now or hereafter held by Xxxxxx in such order and manner as Lender may in its sole discretion determine, whether concurrently or successively and in one or several consolidated independent judicial actions or lawfully taken non-judicial proceedings, or both; (v) foreclose this Instrument, and in any such action qualify for the appointment of a receiver of the Mortgaged Property either before or after a foreclosure sale, without notice and without regard to the solvency or insolvency of Borrower at the time of the application for such receiver, and without regard to the then value of the Mortgaged Property, and Lender or any holder of the Note may be appointed as such receiver or the other Loan Documents, as Lender in possession. The receiver or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender in possession shall have the right power to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any ordercollect the Rents during the pendency of such foreclosure action, and in case of a sale and a deficiency, during the full statutory period of redemption, if any, whether there be a redemption or not, as well as during all other times, when Borrower, except for the intervention of the receiver or Lender in possession, would be entitled to collect such Rents, together with all other powers which may be necessary or are usual in such cases for the protection, possession, control, management and operation of the Mortgaged Property during the whole of said period; and (vi) to exercise all rights, powers and remedies available remedies, if any, described under Article IV of this Instrument. (vii) to Lender enforce this Instrument in such event shall be nonexclusive and cumulative of all any other rights, powers and remedies provided thereunder or hereunder or by manner permitted under applicable law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right other remedy now or remedy which Lender may havehereafter existing in equity, includingat law, but not limited to, foreclosure, exercise by virtue of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure statute or otherwise, Lender may, as provided in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedyMinnesota.

Rights and Remedies of Lender. In 8.2.1 Notwithstanding any provision to the event contrary herein or any of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal propertythis Agreement, or enforcement during the continuance of any assignment an Event of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Default under any of the other Loan Document without prejudice Documents: (i) Lender’s obligations to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason make further disbursements of the election Loan shall xxxxx; and (ii) if the Event of Default shall not be cured within the applicable notice and cure periods, then Lender shall, at its option, have the remedies provided in the Loan Document breached by Borrower, including, without limitation, the option to declare all outstanding indebtedness to be immediately due and payable without presentment, demand, protest or notice of any kind, and the following remedies: Lender’s obligation to make further disbursements to Borrower shall terminate; Lender may, at its option, apply any of Borrower’s funds in its possession to the outstanding indebtedness under the Note whether or not such indebtedness is then due; Lender may exercise all rights and remedies available to it under any or all of the Loan Documents; and Lender shall have the right to cause an independent contractor selected by Lender to pursue enter into possession of the Property and to perform any and all work and labor necessary for the completion of the Project substantially in accordance with the Plans and Specifications and to perform Borrower’s obligations under this Agreement. All sums expended by Lender for such purposes shall be deemed to have been disbursed to and borrowed by Borrower and shall be secured by the Deed of Trust on the Property. 8.2.2 Upon the occurrence and continuance of any Event of Default Borrower hereby constitutes and appoints Lender, or an independent contractor selected by Lender, as its true and lawful attorney-in-fact with full power of substitution, for the purposes of completion of each and every Project and performance of Borrower’s obligations under this Agreement in the name of Borrower, and hereby empowers said attorney-in-fact from and after the occurrence of an Event of Default under the Loan Documents, unless and until Borrower shall reinstate the Loan pursuant to applicable law and otherwise cure any and all outstanding Events of Default, to do any or all of the following upon the occurrence of an Event of Default (it being understood and agreed that said power of attorney shall be deemed to be a power coupled with an interest which cannot be revoked until repayment of the Loan): (a) To use any of the remedies available to Lenderfunds of Borrower, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire including any balance of the Obligations guaranteed hereby even though Loan, as applicable, and any rights funds which any Guarantor may have against Borrower or any other Person may be destroyed held by Lender for Borrower, for the purpose of effecting completion of the Improvements in the manner called for by the Plans and Specifications; (b) To make such additions, changes and corrections in the Plans and Specifications as shall be necessary or diminished desirable to complete the Improvements in substantially the manner contemplated by the Plans and Specifications; (c) To employ any contractors, subcontractors, agents, architects and inspectors required for said purposes; (d) To employ attorneys to defend against attempts to interfere with the exercise of power granted hereby; (e) To pay, settle or compromise all existing bills and claims which are or may be liens against the Property, the Improvements or the Project or may be necessary or desirable for the completion of the Improvements or clearance of objections to or encumbrances on title; (f) To execute all applications and certificates in the name of Borrower which may be required by any other construction contract; (g) To prosecute and defend all actions or proceedings in connection with the Project, and to take such remedyaction, require such performance and do any and every other act as is deemed necessary with respect to the completion of the Improvements which Borrower might do on its own behalf; and (h) To let new or additional contracts (to the extent not prohibited by existing contracts) to employ watchmen and erect security fences to protect the Project from injury, and to take such action and require such performance as Lender deems necessary under any of the bonds or insurance policies to be furnished hereunder, to make settlements and compromises with the sureties or insurers thereunder, and in connection therewith to execute instruments of release and satisfaction.

Rights and Remedies of Lender. In 2.1 Neither demand on, nor the event pursuit of an Event any remedy against, Borrower or its property for payment of Default under the Note Obligations shall be required as a condition precedent to either the making of a demand on Guarantor by Lender or the other Loan Documentsprior or subsequent commencement by Lender against Guarantor of any action, suit, or any of themproceeding, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by at law or in equityequity to enforce this Guaranty. Accordingly, Guarantors hereby authorize and empower Lender upon Neither the occurrence and during pendency nor the continuance prior termination of any Event action, suit or proceeding against Borrower or its property shall bar or prejudice either the making of Default under the Note a demand on Guarantor by Lender or the other Loan Documentsprior or subsequent commencement by Lender against Guarantor of any action, suit or proceeding, at its sole discretionlaw or in equity to enforce this Guaranty. 2.2 Guarantor's liability under this Guaranty is primary, direct, and without notice to Guarantors, to exercise immediate. Guarantor waives any right or remedy which to require Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby : (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have a) Proceed against Borrower or any other Person may be destroyed person; (b) Proceed against or diminished by exhaust any collateral; or (c) Pursue any other available legal remedy. No delay in the exercise taking, pursuing, or exercising of any of the foregoing actions, rights, powers, or remedies by Lender shall effect, diminish, or extinguish the obligations of Guarantor hereunder. Guarantor waives any defense arising by reason of any disability of the Borrower, or by reason of the cessation from any cause whatsoever of the liability of the Borrower or each other. Guarantor shall be liable and remain liable for the payment of the Obligations to the extent provided herein notwithstanding: (a) Any previous discharge (total or partial) of Borrower from further liability; (b) Any bar (total, partial, or temporary) to the pursuit by Guarantor of any right or claim for Indemnification from Borrower; (c) Any right or claim by Guarantor to be subrogated to the rights or claims of Lender in and to Borrower's property, or (d) Any action or inaction or delay in acting by Lender. Guarantor waives all presentments, demands for performance, notices of dishonor, and notices of acceptance of this Guaranty and of the existence, creation, or incurring of the indebtedness covered by this Guaranty. 2.3 Guarantor authorizes Lender, without notice or demand and without diminishing or releasing Guarantor's liability hereunder, from time to time, to: (a) Make new loans and financial accommodations to Borrower, such remedyloans and financial accommodations to be a part of the Obligations; (b) Renew, extend, accelerate, or otherwise change the time for payment of or otherwise change the terms of the indebtedness or any part thereof; (c) Take and hold security for the payment of this Guaranty or the indebtedness and exchange, enforce, waive, and release any such security; (d) Apply such security and direct the order or manner of sale thereof as Lender in its discretion may determine. Lender may, without notice, assign this Guaranty in whole or in part. Guarantor hereby consents to, ratify, and affirm any and all such new loans and financial accommodations, renewals, extensions, modifications, compromises, or releases and any such action shall be binding upon Guarantor. Guarantor hereby waives all defenses, counterclaims, or rights of setoff which Guarantor might have by reason of the foregoing.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors REIT hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsREIT, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)hereby, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors REIT for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall REIT shall, upon the occurrence of a Springing Recourse Event, remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor REIT may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note Notes or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note Notes or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, including foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)Guaranteed Obligations, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the any Note or any of the other Loan Document without prejudice to XxxxxxLender’s remedies hereunder against Guarantors for deficiencies. If the Guaranteed Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Guaranteed Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Guaranteed Obligations guaranteed hereby even though any rights which any Guarantor may have against any Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Documentagreement, document or instrument now or hereafter evidencing, securing or otherwise relating to the Obligations, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors Guarantor hereby authorize authorizes and empower empowers Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to GuarantorsGuarantor, to exercise any right or remedy which Lender may have, including, but not limited to, judicial foreclosure, exercise of rights of power of sale, acceptance of a deed or an assignment in lieu of foreclosure, appointment of a receiverreceiver to collect rents and profits, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured)Obligations, whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Security Documents or any of the other Loan Document without prejudice to Xxxxxx’s Lender's remedies hereunder against Guarantors Guarantor for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors Guarantor shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

Rights and Remedies of Lender. In 8.2.1 Notwithstanding any provision to the event contrary herein or any of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal propertythis Agreement, or enforcement during the continuance of any assignment an Event of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or Default under any of the other Loan Document without prejudice Documents: (i) Lender’s obligation to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason make further disbursements of the election Loan shall xxxxx; and (ii) if the Event of Default shall not be cured within the applicable notice and cure periods, then Lender shall, at its option, have the remedies provided in the Loan Document breached by Borrower, including, without limitation, the option to pursue declare all outstanding indebtedness to be immediately due and payable without presentment, demand, protest or notice of any kind, and the following remedies: Lender’s obligation to make further disbursements to Borrower shall terminate; Lender may, at its option, apply any of Borrower’s funds in its possession to the outstanding indebtedness under the Note whether or not such indebtedness is then due; Lender may exercise all rights and remedies available to Lender, it under any or if such Obligations are otherwise partially paid, this Guaranty all of the Loan Documents; and Lender shall nevertheless remain in full force have the right to cause an independent contractor selected by Lender to enter into possession of the Property and effect, to perform any and Guarantors shall remain liable all work and labor necessary for the entire balance completion of the Obligations guaranteed hereby even though any rights which any Guarantor may Project substantially in accordance with the Plans and Specifications and to perform Borrower’s obligations under this Agreement. All sums expended by Lender for such purposes shall be deemed to have against been disbursed to and borrowed by Borrower or any other Person may and shall be destroyed or diminished secured by the exercise Deed of any such remedyTrust on the Property. (a) Subject to the provisions of Sections 8.2.1(b) and 8.2.1

Rights and Remedies of Lender. In Upon the event occurrence of an Event of Default Default, Lender may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to the rights and remedies of a secured party under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, Uniform Commercial Code and all rights, powers other rights and remedies available to Lender in under applicable law, all such event shall be nonexclusive rights and remedies being cumulative of and enforceable alternatively, successively or concurrently: (a) Declare the Note, all interest accrued and unpaid thereon, and all other rightsObligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, powers demand or protest, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations and remedies provided thereunder or hereunder or by law or in equity. Accordinglyany Lien of Lender. (c) Take possession of the Collateral, Guarantors hereby authorize and empower Lender for that purpose, so far as Borrower may give authority therefor, enter upon the occurrence premises on which the Collateral or any part thereof may be situated and during remove the continuance same therefrom without any liability for suit, action or other proceeding by Borrower, BORROWER HEREBY WAIVING ANY AND ALL RIGHTS TO PRIOR NOTICE AND TO JUDICIAL HEARING WITH RESPECT TO REPOSSESSION OF COLLATERAL, and require Borrower, at Borrower’s expense, to assemble and deliver the Collateral to such place or places as Lender may designate. (d) Operate, manage and control the Collateral, or permit the Collateral or any portion thereof to remain idle, or store the same, and collect all rents and revenues therefrom and sell or otherwise dispose of any or all of the Collateral (including, without limitation, sell, transfer or reassign any license) upon such terms and under such conditions as Bank, in its reasonable discretion, may determine, all without any notice or demand, and purchase or acquire any of the Collateral at any such sale or other disposition, all to the extent permitted by applicable law. Borrower shall have all risk of loss of the Collateral. Bank shall have no liability or duty, either before or after the occurrence of an Event of Default under Default, on account of loss of or damage to, to collect or enforce any of its rights against, the Note Collateral, to collect any income accruing on the Collateral, or to preserve rights against account debtors or other parties with prior interests in the other Loan DocumentsCollateral. If Bank actually receives any notices requiring action with respect to Collateral in Bank’s possession, at its Bank shall take reasonable steps to forward such notices to Borrower. Borrower is responsible for responding to notices concerning the Collateral, voting the Collateral, and exercising rights and options, calls and conversions of the Collateral. Bank’s sole responsibility is to take such action as is reasonably requested by Borrower in writing, however, Bank is not responsible to take any action that, in Bank’s sole judgment, would affect the value of the Collateral as security for the Obligations adversely. While Bank is not required to take certain actions, if action is needed, in Bank’s sole discretion, to preserve and without notice maintain the Collateral, Borrower authorizes Bank to Guarantors, to exercise any right or remedy which Lender may have, includingtake such actions, but Bank is not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as obligated to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedydo so.