OTHER DEFAULT, PROVIDED
THAT IF SUCH DEFAULT CANNOT REASONABLY BE CURED WITHIN SUCH THIRTY (30) DAY
PERIOD AND BORROWER SHALL HAVE COMMENCED TO CURE SUCH DEFAULT WITHIN SUCH THIRTY
(30) DAY PERIOD AND THEREAFTER DILIGENTLY AND EXPEDITIOUSLY PROCEEDS TO CURE THE
SAME, SUCH THIRTY (30) DAY PERIOD SHALL BE EXTENDED FOR SO LONG AS IT SHALL
REQUIRE BORROWER IN THE EXERCISE OF DUE DILIGENCE TO CURE SUCH DEFAULT, IT BEING
AGREED THAT NO SUCH EXTENSION SHALL BE FOR A PERIOD IN EXCESS OF SIXTY (60)
DAYS.
Section 11.2.
REMEDIES
(A)
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT
(OTHER THAN AN EVENT OF DEFAULT DESCRIBED IN SECTION 11.1(F) ABOVE) AND AT ANY
TIME THEREAFTER DURING THE CONTINUANCE OF SUCH EVENT OF DEFAULT LENDER MAY, IN
ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO IT PURSUANT TO THIS
AGREEMENT AND THE OTHER LOAN DOCUMENTS OR AT LAW OR IN EQUITY, TAKE SUCH ACTION,
WITHOUT NOTICE OR DEMAND, THAT LENDER DEEMS ADVISABLE TO PROTECT AND ENFORCE ITS
RIGHTS AGAINST BORROWER AND IN THE PROPERTIES OR ANY OF THEM, INCLUDING, WITHOUT
LIMITATION, DECLARING THE DEBT TO BE IMMEDIATELY DUE AND PAYABLE, AND LENDER MAY
ENFORCE OR AVAIL ITSELF OF ANY OR ALL RIGHTS OR REMEDIES PROVIDED IN THE LOAN
DOCUMENTS AGAINST BORROWER AND ANY PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL
RIGHTS OR REMEDIES AVAILABLE AT LAW OR IN EQUITY; AND UPON ANY EVENT OF DEFAULT
DESCRIBED IN SECTION 11.1(F) ABOVE, THE DEBT AND ALL OTHER OBLIGATIONS OF
BORROWER HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS SHALL IMMEDIATELY AND
AUTOMATICALLY BECOME DUE
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AND PAYABLE, WITHOUT NOTICE OR DEMAND, AND BORROWER HEREBY EXPRESSLY WAIVES ANY
SUCH NOTICE OR DEMAND, ANYTHING CONTAINED HEREIN OR IN ANY OTHER LOAN DOCUMENT
TO THE CONTRARY NOTWITHSTANDING.
(B)
UPON THE OCCURRENCE AND DURING THE
CONTINUANCE OF AN EVENT OF DEFAULT, ALL OR ANY ONE OR MORE OF THE RIGHTS,
POWERS, PRIVILEGES AND OTHER REMEDIES AVAILABLE TO LENDER AGAINST BORROWER UNDER
THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS EXECUTED AND DELIVERED BY, OR
APPLICABLE TO, BORROWER OR AT LAW OR IN EQUITY MAY BE EXERCISED BY LENDER AT ANY
TIME AND FROM TIME TO TIME, WHETHER OR NOT ALL OR ANY OF THE DEBT SHALL BE
DECLARED DUE AND PAYABLE, AND WHETHER OR NOT LENDER SHALL HAVE COMMENCED ANY
FORECLOSURE PROCEEDING OR OTHER ACTION FOR THE ENFORCEMENT OF ITS RIGHTS AND
REMEDIES UNDER ANY OF THE LOAN DOCUMENTS WITH RESPECT TO ANY PROPERTY.
ANY SUCH
ACTIONS TAKEN BY LENDER SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED
INDEPENDENTLY, SINGULARLY, SUCCESSIVELY, TOGETHER OR OTHERWISE, AT SUCH TIME AND
IN SUCH ORDER AS LENDER MAY DETERMINE IN ITS SOLE DISCRETION, TO THE FULLEST
EXTENT PERMITTED BY LAW, WITHOUT IMPAIRING OR OTHERWISE AFFECTING THE OTHER
RIGHTS AND REMEDIES OF LENDER PERMITTED BY LAW, EQUITY OR CONTRACT OR AS SET
FORTH HEREIN OR IN THE OTHER LOAN DOCUMENTS.
ARTICLE 12
ENVIRONMENTAL PROVISIONS
Section 12.1.
ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES
Borrower represents and warrants, based upon an Environmental Report of each
Property