EXCEED ONE HUNDRED EIGHTY (180) DAYS;
(XXVIII)
IF THERE SHALL BE A DEFAULT UNDER THE PLEDGE AGREEMENT OR
ANY OF THE OTHER LOAN DOCUMENTS BEYOND ANY APPLICABLE NOTICE AND CURE PERIODS
CONTAINED IN SUCH DOCUMENTS, WHETHER AS TO BORROWER, THE COLLATERAL, ANY
MORTGAGE PRINCIPAL'S GENERAL PARTNER INTEREST IN THE RELATED MORTGAGE BORROWER
ENTITY OR ANY INDIVIDUAL PROPERTY (PROVIDED, HOWEVER, THAT IF NO NOTICE OR CURE
PERIOD IS SPECIFIED, THEN THE PROVISIONS OF SECTION 8.1(A)(XXII) HEREOF SHALL
APPLY TO SUCH DEFAULT), OR IF ANY
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OTHER SUCH EVENT SHALL OCCUR OR CONDITION SHALL EXIST, IF THE EFFECT OF SUCH
EVENT OR CONDITION IS TO ACCELERATE THE MATURITY OF ANY PORTION OF THE DEBT OR
TO PERMIT LENDER TO ACCELERATE THE MATURITY OF ALL OR ANY PORTION OF THE DEBT;
OR
(XXIX)
A MORTGAGE LOAN EVENT OF DEFAULT SHALL OCCUR, AND
SHALL NOT HAVE BEEN WAIVED OR SETTLED BY MORTGAGE LENDER OR CURED BY MORTGAGE
BORROWER, OR IF MORTGAGE BORROWER ENTERS INTO OR OTHERWISE SUFFERS OR PERMITS
ANY MATERIAL AMENDMENT, WAIVER, SUPPLEMENT, TERMINATION, EXTENSION, RENEWAL,
REPLACEMENT OR OTHER MODIFICATION OF ANY MORTGAGE LOAN DOCUMENT WITHOUT THE
PRIOR WRITTEN CONSENT OF LENDER, TO THE EXTENT THAT SUCH CONSENT IS REQUIRED TO
BE OBTAINED HEREUNDER.
(B)
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT
(OTHER THAN AN EVENT OF DEFAULT DESCRIBED IN CLAUSE (VI) OR (VII) OF SECTION
8.1(A) HEREOF) AND AT ANY TIME THEREAFTER, 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, LENDER MAY TAKE SUCH ACTION, WITHOUT NOTICE OR DEMAND
(EXCEPT FOR SUCH NOTICE OR DEMAND AS MAY BE EXPRESSLY REQUIRED UNDER THE NOTE,
THIS AGREEMENT, THE PLEDGE AGREEMENT OR THE OTHER LOAN DOCUMENTS), THAT LENDER
DEEMS ADVISABLE TO PROTECT AND ENFORCE ITS RIGHTS AGAINST BORROWER AND IN AND TO
THE COLLATERAL, 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/OR
THE COLLATERAL AND MAY EXERCISE ALL THE RIGHTS AND REMEDIES OF A SECURED PARTY
UNDER THE UNIFORM COMMERCIAL CODE AGAINST BORROWER AND THE COLLATERAL,
INCLUDING, WITHOUT LIMITATION, ALL RIGHTS OR REMEDIES AVAILABLE AT LAW OR IN
EQUITY; AND UPON ANY EVENT OF DEFAULT DESCRIBED IN CLAUSE (VI) OR (VII) OF
SECTION 8.1(A) HEREOF, THE DEBT AND ALL OTHER OBLIGATIONS OF BORROWER HEREUNDER
AND UNDER THE OTHER LOAN DOCUMENTS SHALL IMMEDIATELY AND AUTOMATICALLY BECOME
DUE 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.
Section 8.2
Remedies.
(A)
UPON THE OCCURRENCE 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