TO ENTER UPON ACTION OR PROCEEDING TO THE
PROPERTY FOR SUCH PURPOSES, OR APPEAR IN, DEFEND, OR BRING ANY ACTION OR
PROCEEDING TO PROTECT ITS INTEREST IN THE PROPERTY OR TO FORECLOSE THIS MORTGAGE
OR COLLECT THE DEBT, AND THE COST AND EXPENSE THEREOF (INCLUDING REASONABLE
ATTORNEYS' FEES TO THE EXTENT PERMITTED BY LAW), WITH INTEREST AS PROVIDED IN
THIS SECTION 7.3, SHALL CONSTITUTE A PORTION OF THE DEBT AND SHALL BE DUE AND
PAYABLE TO LENDER UPON DEMAND. ALL SUCH COSTS AND EXPENSES INCURRED BY LENDER IN
REMEDYING SUCH EVENT OF DEFAULT OR SUCH FAILED PAYMENT OR ACT OR IN APPEARING
IN, DEFENDING, OR BRINGING ANY SUCH ACTION OR PROCEEDING SHALL BEAR INTEREST AT
THE DEFAULT RATE, FOR THE PERIOD AFTER NOTICE FROM LENDER THAT SUCH COST OR
EXPENSE WAS INCURRED TO THE DATE OF PAYMENT TO LENDER. ALL SUCH COSTS AND
EXPENSES INCURRED BY LENDER TOGETHER WITH INTEREST THEREON CALCULATED AT THE
DEFAULT RATE SHALL BE DEEMED TO CONSTITUTE A PORTION OF THE DEBT AND BE SECURED
BY THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS AND SHALL BE IMMEDIATELY DUE AND
PAYABLE UPON DEMAND BY LENDER THEREFOR.
SECTION 7.4.
ACTIONS AND PROCEEDINGS. LENDER
HAS THE RIGHT TO APPEAR IN AND DEFEND ANY ACTION OR PROCEEDING BROUGHT WITH
RESPECT TO THE PROPERTY AND TO BRING ANY ACTION OR PROCEEDING, IN THE NAME AND
ON BEHALF OF BORROWER, WHICH LENDER, IN ITS DISCRETION, DECIDES SHOULD BE
BROUGHT TO PROTECT ITS INTEREST IN THE PROPERTY.
SECTION 7.5.
RECOVERY OF SUMS REQUIRED TO BE
PAID. LENDER SHALL HAVE THE RIGHT FROM TIME TO TIME TO TAKE ACTION TO RECOVER
ANY SUM OR SUMS WHICH CONSTITUTE A PART OF THE DEBT AS THE SAME BECOME DUE,
WITHOUT REGARD TO WHETHER OR NOT THE BALANCE OF THE DEBT SHALL BE DUE, AND
WITHOUT PREJUDICE TO THE RIGHT OF LENDER THEREAFTER TO BRING AN ACTION OF
FORECLOSURE, OR ANY OTHER ACTION, FOR A DEFAULT OR DEFAULTS BY BORROWER EXISTING
AT THE TIME SUCH EARLIER ACTION WAS COMMENCED.
SECTION 7.6.
EXAMINATION OF BOOKS AND RECORDS.
AT REASONABLE TIMES AND UPON REASONABLE NOTICE, LENDER, ITS AGENTS, ACCOUNTANTS
AND ATTORNEYS SHALL HAVE THE RIGHT TO EXAMINE THE RECORDS, BOOKS, MANAGEMENT AND
OTHER PAPERS OF BORROWER WHICH REFLECT UPON THEIR FINANCIAL CONDITION, AT THE
PROPERTY OR AT ANY OFFICE REGULARLY MAINTAINED BY BORROWER WHERE THE BOOKS AND
RECORDS ARE LOCATED. LENDER AND ITS AGENTS SHALL HAVE THE RIGHT TO MAKE COPIES
AND EXTRACTS FROM THE FOREGOING RECORDS AND OTHER PAPERS. IN ADDITION, AT
REASONABLE TIMES AND UPON REASONABLE NOTICE, LENDER, ITS AGENTS, ACCOUNTANTS AND
ATTORNEYS SHALL HAVE THE RIGHT TO EXAMINE AND AUDIT THE
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BOOKS AND RECORDS OF BORROWER PERTAINING TO THE INCOME, EXPENSES AND OPERATION
OF THE PROPERTY DURING REASONABLE BUSINESS HOURS AT ANY OFFICE OF BORROWER WHERE
THE BOOKS AND RECORDS ARE LOCATED. THIS SECTION 7.6 SHALL APPLY THROUGHOUT THE
TERM OF THE NOTE AND WITHOUT REGARD TO WHETHER AN EVENT OF DEFAULT HAS OCCURRED
OR IS CONTINUING. THE ACTION CONTEMPLATED BY THIS SECTION 7.6