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. THIS MORTGAGE SHALL CONTINUE AS A LIEN AND
SECURITY INTEREST IN THE REMAINING PORTION OF THE PROPERTY.
19
SECTION 7.9.
VIOLATION OF LAWS. IF THE
PROPERTY IS NOT IN MATERIAL COMPLIANCE WITH LEGAL REQUIREMENTS, LENDER
MAY IMPOSE ADDITIONAL REQUIREMENTS UPON BORROWER IN CONNECTION HEREWITH
INCLUDING, WITHOUT LIMITATION, MONETARY RESERVES OR FINANCIAL EQUIVALENTS.
SECTION 7.10.
RECOURSE AND CHOICE OF REMEDIES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS MORTGAGE OR THE LOAN AGREEMENT,
INCLUDING, WITHOUT LIMITATION, SECTION 9.4 OF THE LOAN AGREEMENT, LENDER AND
OTHER INDEMNIFIED PARTIES (AS HEREINAFTER DEFINED) ARE ENTITLED TO ENFORCE THE
OBLIGATIONS OF BORROWER, ANY GUARANTOR OR INDEMNITOR CONTAINED IN SECTIONS 9.2,
9.3 AND 9.4 HEREIN AND SECTION 9.4 OF 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 OR ACCEPTANCE OF A DEED IN
LIEU OF FORECLOSURE OR OTHERWISE, AND IN THE EVENT LENDER COMMENCES A
FORECLOSURE ACTION AGAINST THE PROPERTY, LENDER IS ENTITLED TO PURSUE A
DEFICIENCY JUDGMENT WITH RESPECT TO SUCH OBLIGATIONS AGAINST BORROWER AND ANY
GUARANTOR OR INDEMNITOR WITH RESPECT TO THE LOAN. THE PROVISIONS OF SECTIONS
9.2, 9.3 AND 9.4 HEREIN AND SECTION 9.4 OF THE LOAN AGREEMENT ARE EXCEPTIONS TO
ANY NON-RECOURSE OR EXCULPATION PROVISIONS IN THE LOAN AGREEMENT, THE NOTE, THIS
MORTGAGE OR THE OTHER LOAN DOCUMENTS, AND BORROWER AND ANY GUARANTOR OR
INDEMNITOR WITH RESPECT TO THE LOAN ARE FULLY AND PERSONALLY LIABLE FOR THE
OBLIGATIONS PURSUANT TO SECTIONS 9.2, 9.3 AND 9.4 HEREIN AND SECTION 9.4 OF THE
LOAN AGREEMENT. THE LIABILITY OF BORROWER AND ANY GUARANTOR OR INDEMNITOR WITH
RESPECT TO THE LOAN PURSUANT TO SECTIONS 9.2, 9.3 AND 9.4 HEREIN AND SECTION 9.4
OF THE LOAN AGREEMENT IS NOT LIMITED TO THE ORIGINAL PRINCIPAL AMOUNT OF THE
NOTE. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL INHIBIT OR PREVENT
LENDER FROM FORECLOSING OR EXERCISING ANY OTHER RIGHTS AND REMEDIES PURSUANT TO
THE LOAN AGREEMENT, THE NOTE, THIS MORTGAGE AND THE OTHER LOAN DOCUMENTS,
WHETHER SIMULTANEOUSLY WITH FORECLOSURE PROCEEDINGS OR IN ANY OTHER SEQUENCE. A
SEPARATE ACTION OR ACTIONS MAY BE BROUGHT AND PROSECUTED AGAINST BORROWER
PURSUANT TO SECTIONS 9.2, 9.3 AND 9.4 HEREIN AND SECTION 9.4 OF THE LOAN
AGREEMENT, WHETHER OR NOT ACTION IS BROUGHT AGAINST ANY OTHER PERSON OR WHETHER
OR NOT ANY OTHER PERSON IS JOINED IN THE ACTION OR ACTIONS. IN ADDITION, LENDER
SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO JOIN AND PARTICIPATE IN, AS A
PARTY IF IT SO ELECTS, ANY ADMINISTRATIVE OR JUDICIAL PROCEEDINGS OR ACTIONS
INITIATED IN CONNECTION WITH ANY MATTER ADDRESSED IN ARTICLE 8 OR SECTION 9.4
HEREIN.
SECTION 7.11.
RIGHT OF ENTRY. UPON REASONABLE NOTICE
TO BORROWER, LENDER AND ITS AGENTS SHALL HAVE THE RIGHT TO ENTER AND INSPECT THE
PROPERTY AT ALL REASONABLE TIMES.
SECTION 7.12.
RELEASE. UPON PAYMENT OF ALL