Environmental Report.
The O&M Program shall be subject to Lender's reasonable
approval and within ninety (90) days of the date hereof Borrower shall provide
Lender with evidence reasonably satisfactory to Lender that the O&M Program has
been established and is in operation.
Borrower hereby covenants and agrees
that, during the term of the Loan, including any extension or renewal thereof,
Borrower shall comply in all material respects with the terms and conditions of
the O&M Program.
ARTICLE XVII:
ASSIGNMENTS
SECTION 17.01.
PARTICIPATIONS AND ASSIGNMENTS.
LENDER SHALL, AT NO COST TO
BORROWER, HAVE THE RIGHT TO ASSIGN THIS SECURITY INSTRUMENT AND/OR ANY OF THE
LOAN DOCUMENTS, AND TO TRANSFER, ASSIGN OR SELL PARTICIPATIONS AND
SUBPARTICIPATIONS (INCLUDING BLIND OR UNDISCLOSED PARTICIPATIONS AND
SUBPARTICIPATIONS) IN THE LOAN DOCUMENTS AND THE OBLIGATIONS HEREUNDER TO ANY
PERSON; PROVIDED, HOWEVER, THAT NO SUCH PARTICIPATION SHALL INCREASE, DECREASE
OR OTHERWISE AFFECT EITHER BORROWER'S OR LENDER'S RIGHTS OR OBLIGATIONS UNDER
THIS SECURITY INSTRUMENT OR THE OTHER LOAN DOCUMENTS.
ARTICLE XVIII:
MISCELLANEOUS
SECTION 18.01.
RIGHT OF ENTRY.
LENDER AND ITS AGENTS SHALL HAVE THE RIGHT TO
ENTER AND INSPECT THE PROPERTY OR ANY PART THEREOF AT ALL REASONABLE TIMES, AND,
EXCEPT IN THE EVENT OF AN EMERGENCY, UPON REASONABLE NOTICE AND TO INSPECT
BORROWER'S BOOKS AND RECORDS AND TO MAKE ABSTRACTS AND REPRODUCTIONS THEREOF.
SECTION 18.02.
CUMULATIVE RIGHTS.
THE RIGHTS OF LENDER UNDER THIS SECURITY
INSTRUMENT SHALL BE SEPARATE, DISTINCT AND CUMULATIVE AND NONE SHALL BE GIVEN
EFFECT TO THE EXCLUSION OF THE OTHERS.
NO ACT OF LENDER SHALL BE CONSTRUED AS
AN ELECTION TO PROCEED UNDER ANY ONE PROVISION HEREIN TO THE EXCLUSION OF ANY
OTHER PROVISION.
LENDER SHALL NOT BE LIMITED EXCLUSIVELY TO THE RIGHTS AND
REMEDIES HEREIN STATED BUT SHALL BE ENTITLED, SUBJECT TO THE TERMS OF THIS
SECURITY INSTRUMENT, TO EVERY RIGHT AND REMEDY NOW OR HEREAFTER AFFORDED BY LAW.
SECTION 18.03.
LIABILITY.
IF BORROWER CONSISTS OF MORE THAN ONE PERSON, THE
OBLIGATIONS AND LIABILITIES OF EACH SUCH PERSON HEREUNDER SHALL BE JOINT AND
SEVERAL.
SECTION 18.04.
EXHIBITS INCORPORATED.
THE INFORMATION SET FORTH ON THE COVER
HEREOF, AND THE EXHIBITS ANNEXED HERETO, ARE HEREBY INCORPORATED HEREIN AS A
PART OF THIS SECURITY INSTRUMENT WITH THE SAME EFFECT AS IF SET FORTH IN THE
BODY HEREOF.
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SECTION 18.05.
SEVERABLE PROVISIONS.
IF ANY TERM, COVENANT OR CONDITION OF THE
LOAN DOCUMENTS INCLUDING, WITHOUT LIMITATION, THE NOTE OR THIS SECURITY
INSTRUMENT, IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, SUCH
LOAN DOCUMENT SHALL BE CONSTRUED WITHOUT SUCH PROVISION.
SECTION 18.06.
DUPLICATE ORIGINALS.
THIS SECURITY INSTRUMENT MAY BE EXECUTED
IN ANY NUMBER OF DUPLICATE ORIGINALS AND EACH SUCH DUPLICATE ORIGINAL SHALL BE
DEEMED TO CONSTITUTE BUT ONE AND THE SAME INSTRUMENT.
SECTION 18.07.
NO ORAL CHANGE.
THE TERMS OF THIS SECURITY INSTRUMENT, TOGETHER
WITH THE TERMS OF THE NOTE AND THE OTHER LOAN DOCUMENTS, CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT OF THE PARTIES HERETO AND SUPERSEDE ALL PRIOR
AGREEMENTS, UNDERSTANDINGS AND NEGOTIATIONS BETWEEN BORROWER AND LENDER WITH
RESPECT TO THE LOAN.
THIS SECURITY INSTRUMENT,