AT LAW OR IN EQUITY.
SECTION 7.8
RIGHT TO RELEASE ANY PORTION OF THE PROPERTY.
LENDER
MAY RELEASE ANY PORTION OF THE PROPERTY FOR SUCH CONSIDERATION AS LENDER MAY
REQUIRE WITHOUT, AS TO THE REMAINDER OF THE PROPERTY, IN ANY WAY IMPAIRING OR
AFFECTING THE LIEN OR PRIORITY OF THIS SECURITY INSTRUMENT, OR IMPROVING THE
POSITION OF ANY SUBORDINATE LIENHOLDER WITH RESPECT THERETO, EXCEPT TO THE
EXTENT THAT THE OBLIGATIONS HEREUNDER SHALL HAVE BEEN REDUCED BY THE ACTUAL
MONETARY CONSIDERATION, IF ANY, RECEIVED BY LENDER FOR SUCH RELEASE, AND MAY
ACCEPT BY ASSIGNMENT, PLEDGE OR OTHERWISE ANY OTHER PROPERTY IN PLACE THEREOF AS
LENDER MAY REQUIRE WITHOUT BEING ACCOUNTABLE FOR SO DOING TO ANY OTHER
LIENHOLDER.
THE PROVISIONS OF SECTIONS 15.4 (RELEASE OF UNITS) AND 15.5
(RELEASE OF FACILITIES) OF THE LOAN AGREEMENT ARE HEREBY INCORPORATED IN THIS
SECURITY AGREEMENT.
THIS SECURITY INSTRUMENT SHALL CONTINUE AS A LIEN AND
SECURITY INTEREST IN THE REMAINING PORTION OF THE PROPERTY.
SECTION 7.9
RECOURSE AND CHOICE OF REMEDIES.
NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SECURITY INSTRUMENT OR THE LOAN AGREEMENT, INCLUDING,
WITHOUT LIMITATION, SECTION 21.1 OF THE LOAN AGREEMENT, LENDER AND OTHER
INDEMNIFIED PARTIES (AS HEREINAFTER DEFINED) ARE ENTITLED TO ENFORCE THE
OBLIGATIONS OF BORROWER, ANY GUARANTOR AND INDEMNITOR CONTAINED IN THE LOAN
AGREEMENT WITHOUT FIRST RESORTING TO OR EXHAUSTING ANY SECURITY OR COLLATERAL
AND WITHOUT FIRST HAVING RECOURSE TO THE NOTE OR ANY OF THE PROPERTY, THROUGH
FORECLOSURE, EXERCISE OF A POWER OF SALE OR ACCEPTANCE OF A DEED IN LIEU OF
FORECLOSURE OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL
INHIBIT OR PREVENT LENDER FROM FORECLOSING OR EXERCISING A POWER OF SALE
PURSUANT TO THIS SECURITY INSTRUMENT OR EXERCISING ANY OTHER RIGHTS AND REMEDIES
PURSUANT TO THE LOAN AGREEMENT, THE NOTE, THIS SECURITY INSTRUMENT AND THE OTHER
LOAN DOCUMENTS, WHETHER SIMULTANEOUSLY WITH FORECLOSURE PROCEEDINGS OR IN ANY
OTHER SEQUENCE.
SECTION 7.10
RIGHT OF ENTRY.
UPON REASONABLE PRIOR NOTICE TO
BORROWER, LENDER AND ITS AGENTS SHALL HAVE THE RIGHT TO ENTER AND INSPECT THE
PROPERTY AT ALL REASONABLE TIMES.
UPON SUCH ENTRY, LENDER AND ITS AGENTS SHALL
NOT UNREASONABLY INTERFERE WITH THE OPERATION, CONSTRUCTION AND SAFETY
OF THE
PROPERTY.
ARTICLE 8 - [INTENTIONALLY OMITTED]
ARTICLE 9 - INDEMNIFICATION
SECTION 9.1
GENERAL INDEMNIFICATION.
BORROWER SHALL, AT ITS SOLE
COST AND EXPENSE, PROTECT, DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS THE
INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES
(INCLUDING, WITHOUT LIMITATION, STRICT LIABILITIES), ACTIONS, PROCEEDINGS,
OBLIGATIONS, DEBTS, DAMAGES, LOSSES, REASONABLE COSTS, EXPENSES, FINES,
PENALTIES, CHARGES, FEES, JUDGMENTS, AWARDS, AMOUNTS PAID IN SETTLEMENT,
PUNITIVE DAMAGES, OF WHATEVER KIND OR NATURE (INCLUDING BUT NOT LIMITED TO
REASONABLE ATTORNEYS' FEES AND OTHER COSTS OF DEFENSE) (COLLECTIVELY, THE
"LOSSES") IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST ANY INDEMNIFIED
PARTIES AND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY RELATING TO ANY
ONE OR MORE OF THE FOLLOWING:
(A) OWNERSHIP OF THIS SECURITY INSTRUMENT, THE
PROPERTY OR ANY INTEREST
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THEREIN OR RECEIPT OF ANY RENTS; (B) ANY AMENDMENT TO, OR RESTRUCTURING