OF THE PROPERTY.
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.
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 VIII OR SECTION 9.4
HEREIN.
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.
19
7.12
RELEASE.
UPON PAYMENT OF ALL SUMS SECURED BY
THIS MORTGAGE, LENDER SHALL RELEASE THIS MORTGAGE.
BORROWER SHALL PAY LENDER'S
REASONABLE COSTS INCURRED IN RELEASING THIS MORTGAGE.
ARTICLE VIII
ENVIRONMENTAL HAZARDS
8.1
ENVIRONMENTAL REPRESENTATIONS AND WARRANTIES.
TO THE BEST OF BORROWER'S KNOWLEDGE, AND EXCEPT AS OTHERWISE DISCLOSED BY THAT
CERTAIN ENVIRONMENTAL