DISBURSEMENTS TO THE EXTENT PERMITTED
BY LAW), WITH INTEREST THEREON AT THE DEFAULT RATE FOR THE
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PERIOD AFTER NOTICE FROM LENDER THAT SUCH COST OR EXPENSE WAS INCURRED TO THE
DATE OF PAYMENT TO LENDER, SHALL CONSTITUTE A PORTION OF THE DEBT, SHALL BE
SECURED BY THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS AND SHALL BE DUE AND
PAYABLE TO LENDER UPON DEMAND.
10.
REMEDIES.
(A)
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT, LENDER MAY TAKE SUCH
ACTION, WITHOUT NOTICE OR DEMAND, AS IT DEEMS ADVISABLE TO PROTECT AND ENFORCE
ITS RIGHTS AGAINST BORROWER AND IN AND TO THE PROPERTY, BY LENDER ITSELF OR
OTHERWISE, INCLUDING THE FOLLOWING ACTIONS, EACH OF WHICH MAY BE PURSUED
CONCURRENTLY OR OTHERWISE, AT SUCH TIME AND IN SUCH ORDER AS LENDER MAY
DETERMINE, IN ITS SOLE DISCRETION, WITHOUT IMPAIRING OR OTHERWISE AFFECTING THE
OTHER RIGHTS AND REMEDIES OF LENDER:
(I)
DECLARE THE ENTIRE DEBT TO BE IMMEDIATELY DUE AND PAYABLE;
(II)
INSTITUTE A PROCEEDING OR PROCEEDINGS, JUDICIAL OR NONJUDICIAL,
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY ADVERTISEMENT, BY ACTION OR
OTHERWISE, FOR THE COMPLETE FORECLOSURE OF THIS MORTGAGE, IN WHICH CASE THE
PROPERTY MAY BE SOLD FOR CASH OR UPON CREDIT IN ONE OR MORE PARCELS OR IN
SEVERAL INTERESTS OR PORTIONS AND IN ANY ORDER OR MANNER;
(III)
WITH OR WITHOUT ENTRY, TO THE EXTENT PERMITTED AND PURSUANT TO
THE PROCEDURES PROVIDED BY APPLICABLE LAW, INSTITUTE PROCEEDINGS FOR THE PARTIAL
FORECLOSURE OF THIS MORTGAGE FOR THE PORTION OF THE DEBT THEN DUE AND PAYABLE,
SUBJECT TO THE CONTINUING LIEN OF THIS MORTGAGE FOR THE BALANCE OF THE DEBT NOT
THEN DUE;
(IV)
SELL FOR CASH OR UPON CREDIT THE PROPERTY AND ALL ESTATE, CLAIM,
DEMAND, RIGHT, TITLE AND INTEREST OF BORROWER THEREIN AND RIGHTS OF REDEMPTION
THEREOF, PURSUANT TO THE POWER OF SALE, TO THE EXTENT PERMITTED BY APPLICABLE
LAW, OR OTHERWISE, AT ONE OR MORE SALES, AS AN ENTIRETY OR IN PARCELS, AT SUCH
TIME AND PLACE, UPON SUCH TERMS AND AFTER SUCH NOTICE THEREOF AS MAY BE REQUIRED
OR PERMITTED BY APPLICABLE LAW;
(V)
INSTITUTE AN ACTION, SUIT OR PROCEEDING IN EQUITY FOR THE SPECIFIC
PERFORMANCE OF ANY COVENANT, CONDITION OR AGREEMENT CONTAINED HEREIN OR IN ANY
OTHER LOAN DOCUMENT;
(VI)
RECOVER JUDGMENT ON THE NOTE EITHER BEFORE, DURING OR AFTER ANY
PROCEEDING FOR THE ENFORCEMENT OF THIS MORTGAGE;
(VII)
APPLY FOR THE APPOINTMENT OF A TRUSTEE, RECEIVER, LIQUIDATOR OR
CONSERVATOR OF THE PROPERTY, WITHOUT NOTICE AND WITHOUT REGARD FOR THE ADEQUACY
OF THE SECURITY FOR THE DEBT ANDWITHOUT REGARD FOR THE SOLVENCY OF THE BORROWER
OR OF ANY PERSON, FIRM OR OTHER ENTITY LIABLE FOR THE PAYMENT OF THE DEBT;
(VIII)
ENFORCE LENDER'S INTEREST IN THE LEASES AND RENTS AND ENTER INTO
OR UPON THE PROPERTY, EITHER PERSONALLY OR BY ITS AGENTS, NOMINEES OR ATTORNEYS
AND
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DISPOSSESS BORROWER AND ITS AGENTS AND EMPLOYEES THEREFROM, AND THEREUPON LENDER
MAY (A) USE, OPERATE, MANAGE, CONTROL, INSURE, MAINTAIN, REPAIR, RESTORE AND
OTHERWISE DEAL WITH THE PROPERTY AND