CONNECTION WITH THE LOAN OR ANY OF THE
RIGHTS AND REMEDIES OF LENDER THEREUNDER; (D) IMPAIR THE RIGHT OF LENDER TO
OBTAIN THE APPOINTMENT OF A RECEIVER; (E) IMPAIR THE ENFORCEMENT OF THE
ASSIGNMENT OF LEASES; (F) CONSTITUTE A PROHIBITION AGAINST LENDER TO COMMENCE
ANY APPROPRIATE ACTION OR PROCEEDING IN ORDER TO FULLY REALIZE ON ANY SECURITY
GIVEN BY BORROWER IN CONNECTION WITH THE LOAN OR TO COMMENCE ANY OTHER
APPROPRIATE ACTION OR PROCEEDING IN ORDER FOR LENDER TO
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EXERCISE ITS REMEDIES AGAINST SUCH SECURITY; OR (G) CONSTITUTE A WAIVER OF THE
RIGHT OF LENDER TO ENFORCE THE LIABILITY AND OBLIGATION OF BORROWER, BY MONEY
JUDGMENT OR OTHERWISE, TO THE EXTENT OF ANY LOSS, DAMAGE (EXCLUDING
CONSEQUENTIAL DAMAGES), COST, EXPENSE, LIABILITY, CLAIM OR OTHER OBLIGATION
INCURRED BY LENDER (INCLUDING ATTORNEYS' FEES AND COSTS REASONABLY INCURRED)
ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:
(A)
FRAUD OR INTENTIONAL MISREPRESENTATION BY
BORROWER OR ANY GUARANTOR IN CONNECTION WITH THE LOAN;
(B)
THE WILLFUL MISCONDUCT OF BORROWER;
(C)
THE BREACH OF ANY REPRESENTATION, WARRANTY,
COVENANT OR INDEMNIFICATION PROVISION IN THE ENVIRONMENTAL INDEMNITY OR IN THE
MORTGAGE CONCERNING ENVIRONMENTAL LAWS, HAZARDOUS SUBSTANCES AND ASBESTOS AND
ANY INDEMNIFICATION OF LENDER WITH RESPECT THERETO IN EITHER DOCUMENT;
(D)
THE REMOVAL OR DISPOSAL OF ANY PORTION OF
THE PROPERTY AFTER AN EVENT OF DEFAULT;
(E)
THE MISAPPLICATION OR CONVERSION BY
BORROWER OF (A) ANY INSURANCE PROCEEDS PAID BY REASON OF ANY LOSS, DAMAGE OR
DESTRUCTION TO THE PROPERTY, (B) ANY AWARDS OR OTHER AMOUNTS RECEIVED IN
CONNECTION WITH THE CONDEMNATION OF ALL OR A PORTION OF THE PROPERTY, OR (C) ANY
RENTS DURING THE EXISTENCE OF AN EVENT OF DEFAULT;
(F)
FAILURE TO PAY CHARGES FOR LABOR OR
MATERIALS OR OTHER CHARGES THAT CAN CREATE LIENS ON ANY PORTION OF THE PROPERTY;
(G)
ANY SECURITY DEPOSITS, ADVANCE DEPOSITS OR
ANY OTHER DEPOSITS COLLECTED WITH RESPECT TO THE PROPERTY WHICH ARE NOT
DELIVERED TO LENDER UPON A FORECLOSURE OF THE PROPERTY OR ACTION IN LIEU
THEREOF, EXCEPT TO THE EXTENT ANY SUCH DEPOSITS WERE APPLIED IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF ANY OF THE LEASES PRIOR TO THE OCCURRENCE OF THE
EVENT OF DEFAULT THAT GAVE RISE TO SUCH FORECLOSURE OR ACTION IN LIEU THEREOF;
(H)
BORROWER'S INDEMNIFICATION OF LENDER SET
FORTH IN SECTION 9.2 HEREOF;
(I)
THE BORROWER FILING A VOLUNTARY PETITION
UNDER THE BANKRUPTCY CODE OR ANY OTHER FEDERAL OR STATE BANKRUPTCY OR INSOLVENCY
LAW;
(J)
AN AFFILIATE, OFFICER, DIRECTOR, OR
REPRESENTATIVE WHICH CONTROLS, DIRECTLY OR INDIRECTLY, BORROWER FILING, OR
JOINING IN THE FILING OF, AN INVOLUNTARY PETITION AGAINST BORROWER UNDER THE
BANKRUPTCY CODE OR ANY OTHER FEDERAL OR STATE BANKRUPTCY OR INSOLVENCY LAW, OR
THE SOLICITING, OR CAUSING TO BE SOLICITED, PETITIONING CREDITORS FOR ANY
INVOLUNTARY PETITION AGAINST BORROWER FROM ANY PERSON;
(K)
BORROWER FILING AN ANSWER CONSENTING TO OR
OTHERWISE ACQUIESCING IN OR JOINING IN ANY INVOLUNTARY PETITION FILED AGAINST
IT, BY ANY OTHER PERSON UNDER THE BANKRUPTCY CODE OR ANY OTHER FEDERAL OR STATE
BANKRUPTCY OR INSOLVENCY LAW,