Common use of XXXXXX’S REMEDIES Clause in Contracts

XXXXXX’S REMEDIES. On default by the Borrower under this Mortgage, the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remedies: (a) demand payment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (b) sue the Borrower, the Covenantor or any other person liable for payment of the monies secured by this Mortgage, for repayment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (c) take any and all legal steps and court proceedings which the Lender in its absolute discretion deems necessary to compel the Borrower to observe and perform the covenants and agreements hereunder; (d) without notice to or the concurrence of any person, with or without entering into possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, charges, damages and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee at law and in equity.

XXXXXX’S REMEDIES. On default by the Borrower under this Mortgage, the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remedies: If (a) demand payment any Default shall occur in respect of which Borrower is the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; defaulting party or (b) sue the BorrowerLender is obligated to redeliver, the Covenantor or is otherwise deprived of its rights to, any Loaned Securities after their return, or is in any way required to pay their value or any related sum over, as a result of any bankruptcy, insolvency, liquidation, reorganization, or other person liable for payment similar proceeding relating to Borrower or pursuant to any legal requirement, including without limitation any laws relating to so-called ‘preferences’ or preferential payments, Lender shall have the right, in addition to any other remedies provided herein or under applicable law (without further notice to Borrower), (i) to purchase, within a commercially reasonable time (taking into consideration the nature of the monies secured by this Mortgagemarket for the Loaned Securities), for repayment a like amount of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured Loaned Securities in the principal market for such securities, (ii) or to treat the Loaned Securities as having been purchased by this Mortgage; (c) take any and all legal steps and court proceedings which Borrower at a purchase price equal to the Lender in its absolute discretion deems necessary to compel market value thereof on the Borrower to observe and perform the covenants and agreements hereunder; (d) without notice to or the concurrence of any person, with or without entering into possession day of the Lands, lease Default (or sell all or part on the date of the Lands by public auction or private sale, or partly event referred to in one way and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise(b) above, as the Lender shall deem proper andcase may be), in connection with such lease or sale, and may apply the following provisions shall apply: (i) Collateral to the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any payment of such purposes make and execute purchase (whether actual or deemed), after deducting therefrom all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publicationamounts, if any, required due Lender under Sections 4, 7, 14 and 17 hereof. Lender may also apply the Collateral to any other obligation of Borrower under this Agreement, including distributions paid to Borrower (and not forwarded to Lender) in respect of Loaned Securities. In the event the purchase price exceeds the market value of the Collateral on the date of purchase, Borrower shall invalidate any sale or leasebe liable to Lender for the amount of such excess (plus all amounts, if any, due to Lender hereunder) together with interest on all such amounts, in the case of purchases of Foreign Securities, at a per annum rate equal to LIBOR plus 2%, and in the case of purchases of any other securities (or other amounts, if any, due to Lender hereunder) at a per annum rate equal to the Fed Funds Rate plus 2%, as it fluctuates from day to day, from the date of such purchase until the date of payment of such excess. Lender shall have, as security for Xxxxxxxx’s obligation to pay such excess, a security interest in or right of setoff against any property of Borrower then held by Xxxxxx and any other amount payable by Lender to Borrower. The purchase price of securities purchased under this Section 12 shall include broker’s fees and commissions and all other reasonable costs, fees and expenses related to such purchase or exercise of remedies including, without limitation, reasonable legal fees and expenses. Upon the satisfaction of all obligations hereunder, any remaining Collateral shall be returned to Borrower. Notwithstanding any provision of the Agreement, Lender shall not be liable for obligated to make any loss which may arise by any such sale payment to Borrower under the Agreement or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, charges, damages and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgageany Loan (including without limitation any return of Collateral) at any time after a Default by Borrower has occurred unless and until Borrower has satisfied all of its obligations (contingent or otherwise) to Lender, fourthly, whether or not such obligations have at the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee at law and in equitymatured.

XXXXXX’S REMEDIES. On default 14.1 If an Event of Default by the Borrower under this MortgageLESSEE occurs, the Lender mayLESSOR has the right, then or at its option any time thereafter, to pursue any remedies, legal or equitable, to which the LESSOR may be entitled, whether or not such remedies are mentioned in this Lease, and in any order that it chooseswhich remedies shall include, exercise any but are not limited to, one or more of the following remediesfollowing: (a) demand payment The LESSOR may terminate this Lease by written notice to the LESSEE in the event of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage;a default. (b) sue The LESSEE shall pay to the BorrowerLESSOR on demand the amount of all loss and damage which the LESSOR may suffer by reason of this termination, whether through inability to re-let the Leased Premises on satisfactory terms or otherwise, specifically including, but not limited to (i) all reasonable expenses necessary to re-let the Leased Premises which shall include the cost of renovating, repairing and altering the Leased Premises for a new tenant or lessee, advertisements and brokerage fees; (ii) any increase in insurance premiums caused by the vacancy of the Leased Premises; (iii) unpaid Rent that was due and owing at the time of such termination; and (iv) the amount of the unpaid Rent that would have been earned during the balance of the term had the early termination not occurred. Nothing contained in this Lease shall limit or prejudice the right of the LESSOR to prove for and obtain in proceedings for bankruptcy or insolvency by reason of the termination of this Lease an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the Covenantor damages are to be proved, whether or any other person liable for payment not the amount be greater, equal to, or less than the amount of the monies secured by loss or damages referred to above. In the event of an early termination of this MortgageLease, for repayment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage;LESSOR is in no way obligated to re-let the Leased Premises. (c) take The LESSOR may re-let, at its election, the Leased Premises or any part thereof for the account of the LESSEE, in the name of the LESSEE or the LESSOR or otherwise, without notice to the LESSEE for a term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the applicable term of this Lease) and all legal steps on terms and court proceedings conditions (which may include concessions or free rent) as the Lender LESSOR in its absolute discretion deems may determine and the LESSOR may collect and receive any rents payable by reason of such re-letting; and the LESSEE shall pay the LESSOR on demand all reasonable expenses necessary to compel re-let the Borrower Leased Premises which shall include the cost of renovating, repairing and altering the Leased Premises for a new tenant or tenants, advertisements and brokerage fees, and the LESSEE shall also pay the LESSOR on demand any deficiency that may arise by reason of the re-letting. The LESSOR is not obligated to observe re-let the Leased Premises, and perform shall not be responsible or liable for any failure to re-let the covenants and agreements hereunder;Leased Premises or any part thereof or for any failure to collect any Rent due upon any re-letting. Unless otherwise stated in this Lease, no re- entry or taking of possession of the Leased Premises by the LESSOR shall be an election on the LESSOR’s part to terminate this Lease unless a notice of termination is given to the LESSEE pursuant to Subsection 14.1 (a) hereof. (d) without notice The LESSOR may enter upon the Leased Premises in a peaceable manner pursuant to Section 16 of this Lease or the concurrence otherwise under legal process of any person, with or without entering into taking possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any do whatever the LESSEE is obligated to do under the terms of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or leasethis Lease, and the Lender LESSEE shall not be liable reimburse the LESSOR on demand for any loss expenses which the LESSOR may arise incur in thus effecting compliance with the LESSEE’s obligations under this Lease. 14.2 In the event of a termination of this Lease due to an Event of Default by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease LESSEE, the LESSEE shall not be liable to be impeached on have no claim against the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise LESSOR for the value of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed unexpired term of the Rents and profits Lease. 14.3 No repossession or re-entering of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, charges, damages and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, Leased Premises or any part thereof, or re-letting of the Leased Premises or any part thereof, shall relieve the LESSEE or any Guarantor of its liabilities and obligations under this Lease, all of which survive repossession or re-entering. 14.4 No right or remedy conferred upon or reserved to the LESSOR is intended to be exclusive of any other right or remedy, and each and every right and remedy is cumulative and in accordance with section 40; take addition to any and all legal steps and court proceedings other right or remedy given under this Lease or now or hereafter existing at law or in equity. In addition to realize on other remedies provided in this Lease, the security created LESSOR is entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this MortgageLease, including applying or to a court decree compelling performance of competent jurisdiction for an order foreclosing the equity of redemption any of the Borrower in covenants, agreements, conditions or provisions of this Lease and any other remedy allowed to the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee LESSOR at law and or in equity. 14.5 The failure of the LESSOR to insist upon the performance of any term, covenant or condition of this Lease or the waiver of any default or breach of any term, covenant or condition of this Lease, shall not be construed as thereafter waiving any such term, covenant or condition, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. The waiver of or redress for any violation of any term, covenant, or condition contained in this Lease or contained in the rules and regulations of the LESSOR (as may be hereafter amended or supplemented) shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. No express waiver shall affect any term, covenant or condition other than the one specified in the waiver and that one only for the time and in the manner specifically stated. A receipt by the LESSOR of any Rent with knowledge of an Event of Default shall not be a waiver of the breach, and no waiver by the LESSOR of any provision of this Lease shall be effective unless expressed in writing and signed by the LESSOR. No payment by the LESSEE or receipt by the LESSOR of a lesser amount than the monthly installment of Rent due under this Lease shall be other than on account of the earliest Rent due under this Lease, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be an accord and satisfaction, and the LESSOR may accept any check or payment without prejudice to the LESSOR’s right to recover the balance of the rent or pursue any other remedy provided in this Lease. Furthermore, a failure by the LESSOR to give the notices mentioned in this Lease or in connection with any breach hereof by the LESSEE or the LESSOR’s settlement with, or acceptance of compensation, including Rent, from the LESSEE after breach or default on the LESSEE’s part shall not be considered a waiver by the LESSOR of any breach or default by the LESSEE or any of the terms or provisions of this Lease.

XXXXXX’S REMEDIES. On default by A. If Tenant (1) defaults in the Borrower payment of any single installment of rent or in the payment of any other sum required to be paid under this MortgageLease or under the terms of any other agreement between Tenant and Lessor and such default is not cured within 5 days of written notice; or (2) defaults in the performance of any other covenant or agreement hereof, and such default is not cured by Tenant within 10 days after written notice to Tenant from Lessor (unless the Lender may, at its option default involves a hazardous condition which shall be cured forthwith); then Lessor may treat such event as a breach of this Lease and in any order that it chooses, exercise Lessor shall have any one or more of the following remediesdescribed remedies in addition to all other rights and remedies provided at law or in equity: (a) demand payment Lessor may terminate this Lease and the term created hereby, in which event Lessor may forthwith repossess the Apartment in accordance with Paragraph 16(A) hereof and Xxxxxx agrees to pay Lessor damages in an amount equal to the amount of rent provided in this Lease to be paid by Tenant for the balance of the Outstanding Principal Amount together with accrued interest thereon and term as set forth in this Lease, and, in addition, any other monies secured sum of money and damages owed by this Mortgage;Tenant to Lessor. (b) sue Lessor may terminate Tenant’s right of possession and may repossess the BorrowerApartment in accordance with Paragraph 16(A) hereof without further demand or notice of any kind to Tenant and without such entry and possession terminating this Lease or releasing Tenant in whole or in part from Tenant’s obligation to pay rent hereunder for the full Term. Upon and after such entry into possession without termination of this Lease, Lessor may, but need not, make repairs, alterations and additions in or to the Apartment and redecorate, all under the same terms and conditions as set forth in Paragraph 13 hereof. Tenant shall on demand pay to Lessor damages and all Xxxxxx’s expenses of reletting as set forth and described in Paragraph 13 hereof. If the consideration collected by Lessor from any such reletting for Tenant’s account is not sufficient to pay the amount provided in the Lease to be paid monthly by Tenant together with all such expenses, Tenant shall pay to Lessor, as damages, the Covenantor amount of each monthly deficiency. Xxxxxx agrees that Lessor may from time to time file suit to recover any such sums falling due under the terms of this paragraph and that no suit or recovery of any other person liable portion due Lessor hereunder shall be a defense to any subsequent action brought for payment any amount not theretofore reduced to judgment in favor of Lessor except that Lessor shall not be permitted more than one recovery in the monies secured by this Mortgage, for repayment aggregate amount so due. B. If Tenant is the subject of the Outstanding Principal Amount together with accrued interest thereon an involuntary proceeding under any section of any bankruptcy act and any other monies secured court or tribunal shall adjudge Tenant insolvent or unable to pay Tenant’s debts and such order is not vacated within 30 days after its entry, or if Tenant files any voluntary petition or similar proceedings under any section of any bankruptcy act in any court or tribunal to delay or reduce or modify Tenant’s debts or obligations, or if Tenant is declared insolvent according to law, or if any assignment of Tenant’s property shall be made for the benefit of creditors, or if any receiver or trustee is appointed for Tenant or his property, this Lease shall automatically terminate without need of an election by this Mortgage;Lessor and Lessor’s remedy shall be set forth in Subparagraph A above. (c) take any C. Tenant shall pay Lessor all Lessor’s costs, expenses and all legal steps attorneys’ fees as provided for by court order, or local or state statute or ordinance, in and court proceedings which about the Lender in its absolute discretion deems necessary to compel the Borrower to observe and perform enforcement of the covenants and agreements hereunder; (d) without notice to or the concurrence of any person, with or without entering into possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, charges, damages and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee at law and in equityLease.

XXXXXX’S REMEDIES. On Upon Xxxxxx’s default by and the Borrower under this Mortgageexpiration of any applicable grace period, the Lender Lessor may, at its option and in any order that it choosesLessor’s option, exercise take any one or more of the following remedies:actions without further notice or demand. (a) demand payment a. Declare all Base Rent, additional rent and other charges for the entire remaining portion of the Outstanding Principal Amount together with accrued interest thereon term immediately due and payable. b. Bring an action against Lessee to collect all Base Rent and other sums due and owing Lessor, or to enforce any other monies secured term or provision of this Lease. c. Terminate this Lease by this Mortgage; five (b5) sue the Borrower, the Covenantor or any other person liable for payment of the monies secured by this Mortgage, for repayment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (c) take any and all legal steps and court proceedings which the Lender in its absolute discretion deems necessary to compel the Borrower to observe and perform the covenants and agreements hereunder; (d) without days’ written notice to or Xxxxxx. In the concurrence event of any persontermination, with or without entering into Xxxxxx agrees to immediately surrender possession of the LandsPremises. If Lessor terminates this Lease, lease or sell Lessor may recover from Lessee all or part damages Lessor incurs by reason of Xxxxxx’s default, including damages equal to the present value of the Lands difference between the Base Rent due for the remainder of the Lease Term and the market value rent rate for the remainder of the Lease Term, and all Lessor’s and all costs and expenses actually incurred by public auction Lessor, including, reasonable attorney’s fees. x. Xxxxxx may pay or private saleperform, or partly in one way and partly anothercause to be paid or performed, any obligation of Lessee under this Lease, for such price as can reasonably Xxxxxx’s account, and Xxxxxx shall promptly reimburse Lessor, upon demand, for all Lessor’s costs, expenses and attorneys’ fees so incurred. e. Relet the Premises for Xxxxxx’s account without terminating this Lease. All sums received by Lessor from reletting shall be obtained applied first to Lessor’s reasonable costs and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to titleexpenses incurred in reletting, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sellincluding, without being answerable for any loss occasioned thereby; limitation, Lessor’s reasonable attorneys’ fees, reasonable advertising costs, reasonable brokerage commissions and for any costs of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident repairs to the salesPremises actually expended or actually incurred by Lessor in order to effect such reletting, leasesthen to the payment of all sums due under this Lease. Upon Lessor’s demand, conveyancesLessee shall pay any deficiency to Lessor within ten (10) days of demand. In all events, or attempted salesLessor shall make a good-faith, leases or conveyances, secondly, all costs, charges, damages reasonable effort to relet the premises to a new tenant in order to mitigate Lessor’s damages. Xxxxxx’s remedies in this Section 18 are cumulative and expenses of the Lender relating in addition to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings remedies available to a mortgagee at law and or in equity.

XXXXXX’S REMEDIES. On default by the Borrower under this Mortgage, the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remedies: (a) demand payment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (b) sue the Borrower, the Covenantor or any other person liable for payment of the monies secured by this Mortgage, for repayment of the Outstanding Principal Amount together with accrued interest thereon and any other monies secured by this Mortgage; (c) take any and all legal steps and court proceedings which the Lender in its absolute discretion deems necessary to compel the Borrower to observe and perform the covenants and agreements hereunder; (d) without becoming a mortgagee in possession, the Lender, a Loan Insurer or the Program Administrator, may enter on the Lands for purposes of investigating, evaluating and/or curing any default; (e) without notice to or the concurrence of any person, with or without entering into possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way and partly another, for such price as can reasonably canreasonably be obtained and on such terms as to credit and otherwise and with such conditions suchconditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, charges, damages and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower as the Borrower may direct; and (v) in the case of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (ef) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without without (g) (‌ (h)(g) (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right suchright and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without andwithout limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee at law and in equity.

XXXXXX’S REMEDIES. On default 13.1 In the event of any Default by the Borrower under this MortgageSection 12 hereof, and upon notice of termination by Xxxxxx, Borrower shall forthwith Redeliver the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remediesLoaned Securities to Lender. If Xxxxxxxx fails to do so: (a) demand payment Lender shall have the right, in addition and without prejudice to any other rights provided herein or under applicable law, upon one Business Day's notice to Borrower, to purchase a like amount of the Outstanding Principal Amount together with accrued interest thereon Loaned Securities in the respective principal markets for such securities and, thereupon, Borrower shall be liable to Lender for the purchase price of such securities and all broker's fees, commissions and all other reasonable costs, fees and expenses related to such purchase (collectively the "Lender's Liquidated Damages"). Upon such purchase, Xxxxxxxx's obligation to return such Loaned Securities shall be replaced by its obligation to pay the Lender's Liquidated Damages. Lender shall give Borrower oral notice of the details of any other monies secured by this Mortgage;such purchase that Business Day and shall deliver to Borrower written confirmation of same the next Business Day. (b) sue the Borrower, the Covenantor Lender shall be entitled to sell all or any other person liable for payment portion of the monies secured by this Mortgagenon-cash Collateral in the respective principal markets for such non-cash Collateral and to apply the net proceeds of such sales (after deducting from the gross proceeds all broker's fees, for repayment of the Outstanding Principal Amount commissions and all other reasonable costs, fees and expenses related to such sales) together with accrued interest thereon any cash Collateral (collectively the "Lender's Proceeds") to satisfy the Lender's Liquidated Damages and any all other monies secured by this Mortgage;amounts due to Lender hereunder (collectively the "Borrowers's Total Obligations"). (c) take any If the Lender's Proceeds amount to less than the Borrower's Total Obligations, Borrower shall be liable to Lender for such difference together with interest on such amount and all legal steps on accrued interest at the Prime Rate, calculated daily, until such amount and court proceedings which the Lender such interest is paid in its absolute discretion deems necessary to compel the Borrower to observe and perform the covenants and agreements hereunder;full. (d) without notice If the Lender's Proceeds exceed the Borrower's Total Obligations, such excess shall be returned by Lender to or the concurrence of Borrower together with any person, with or without entering into possession of the Lands, lease or sell all or part of the Lands by public auction or private sale, or partly in one way Collateral remaining. 13.2 The Borrower shall indemnify and partly another, for such price as can reasonably be obtained and on such terms as to credit and otherwise and with such conditions of sale and stipulations as to title, or evidence, or commencement of title, or otherwise, as save harmless the Lender shall deem proper and, in connection with such lease or sale, the following provisions shall apply: (i) the Lender may rescind or vary any contract for sale of the Lands or a part thereof and re-sell, without being answerable for any loss occasioned thereby; and for any of such purposes make and execute all agreements and assurances the Lender deems fit; (ii) no purchaser or lessee shall be bound to enquire into the legality, propriety or regularity of any such sale or lease or be affected by notice of any impropriety or irregularity, and no lack or default or want of notice or publication, if any, required shall invalidate any sale or lease, and the Lender shall not be liable for any loss which may arise by any such sale or lease; and the title of any such purchaser or lessee upon a sale or lease shall not be liable to be impeached on the ground that such power had been unauthorized, or improperly or irregularly exercised, or that notice had not been given or had been given improperly; (iii) any person who is adversely affected by an unauthorized, improper or irregular exercise of the power of sale or lease shall have his, her or their remedy, if any, against the person exercising such power in damages only; (iv) until such sale or sales are made, the Lender shall stand possessed of the Rents and profits of the Lands if the Lender takes possession of them on default and after such sale or sales shall stand possessed of the proceeds from such sales, in trust upon payment of, firstly, all the expenses incident to the sales, leases, conveyances, or attempted sales, leases or conveyances, secondly, all costs, chargescharges or expenses, damages including reasonable legal, accounting and expenses of the Lender relating to Taxes, prior charges, if any, Leasehold Rents, insurance premiums, repairs, utilities and any other monies fees which the Lender may have paid relating to the Lands, thirdly, all interest and costs then due in respect of this Mortgage, fourthly, the Outstanding Principal Amount, fifthly, amounts owing to subsequent encumbrancers, if any, and the residue, shall be paid to the Borrower incur as the Borrower may direct; and (v) in the case a result of a sale on credit or for part cash and part credit, the Lender shall only be liable to account for monies actually received; (e) distrain upon any goods upon the Lands and by distress warrant to recover by way of rent reserved as in the case of a demise of the Lands as much of the principal, interest or other monies secured by this Mortgage as shall from time to time be in arrears, together with all costs, charges and expenses (including, without (i) limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) related to such distress as in like cases of distress for rent; and the Borrower hereby waives, on the exercise of such right and license, all rights to exemption from seizure and distress under any law whatsoever; without notice to or the concurrence of any person, enter on the Lands and without limiting the generality of the foregoing, make such arrangements for completing the construction of, repairing or putting in order any buildings or Fixtures on the Lands, or for inspecting, taking care of, leasing, collecting the Rents of, and generally managing the Lands as the Lender may deem expedient and no action taken Default by the Lender pursuant to this section 26(f) will make the Lender a mortgagee in possession; appoint a receiver (which term as used herein includes a receiver manager) of the Lands, or any part thereof, in accordance with section 40; take any and all legal steps and court proceedings to realize on the security created by this Mortgage, including applying to a court of competent jurisdiction for an order foreclosing the equity of redemption of the Borrower in the Lands or an order that the Lands be sold on terms approved by such court; and take any and all other legal steps and court proceedings available to a mortgagee at law and in equityBorrower.