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8. EDSR 06-17-2013
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8. EDSR 06-17-2013
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6/14/2013 11:59:28 AM
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date
6/17/2013
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Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any <br /> other remedies which it might be entitled to by law, have the right to: <br /> (1) To refrain from making advances under this Agreement; <br /> (2) To enter into possession of the Loan Property and perform any and all <br /> work and labor necessary to complete the Improvements substantially as <br /> required under this Agreement and to do all things necessary or incidental <br /> thereto; <br /> (3) To perform such other acts or deeds which reasonably may be necessary to <br /> cure any default existing under this Agreement, and to this end, it is <br /> hereby agreed as follows: <br /> (i) All sums expended by Lender in effectuating its rights under <br /> Subparagraphs (2) and (3) of this Paragraph shall be deemed to <br /> have been advanced under this Agreement and to be secured by the <br /> Mortgage and any other security document required under this <br /> Agreement as security for the Loan. <br /> (ii) Borrower hereby constitutes and appoints Lender its true and <br /> lawful attorney-in-fact with full power of substitution either in the <br /> name of Lender or in the name of Borrower or in the name of both, <br /> for the following purposes: (a) to complete the Improvements or <br /> cause the same to be completed; to use the plans and <br /> specifications; to make such additions, changes and corrections in <br /> the plans and specifications as Lender reasonably shall deem <br /> necessary or desirable; to collect and use any funds of Borrower; to <br /> use any funds which may remain unadvanced under this <br /> Agreement; to employ such contractors, subcontractors, agents, <br /> design professionals and inspectors and enter into such contracts <br /> and arrangements as Lender reasonably deems necessary for such <br /> purposes; to pay, settle or compromise all existing bills and claims <br /> which may be liens against the Loan Property or as may be <br /> necessary or reasonably desirable for the completion of the <br /> Improvements or clearance of title; to execute all applications and <br /> certificates in the name of Borrower; to prosecute and defend all <br /> actions or proceedings in connection with the construction of the <br /> Improvements on, or any other matter relating to, the Loan <br /> Property and do any and every act which Borrower might do in its <br /> own behalf; (b) to enforce by any means that Lender then <br /> reasonably deems necessary or advisable, all of the terms, <br /> covenants and conditions of any permit or agreement issued by the <br /> City or any other governmental body having jurisdiction over the <br /> Loan Property or the construction contracts or any other contracts <br /> -11- <br />
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