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other contracts; (d) without limiting the foregoing, to perform each <br /> of the terms, covenants and conditions to be kept or performed by <br /> Borrower under this Agreement, the Mortgage and any other <br /> instrument required under this Agreement or the Prior Mortgage <br /> Documents; and (e) to do all things that Lender reasonably deems <br /> necessary or advisable for the purpose of carrying out the powers <br /> enumerated in (a), (b), (c) and (d) of this Subparagraph(ii); <br /> (iii) The powers herein granted Lender shall be deemed to be powers <br /> coupled with an interest and the same are irrevocable; <br /> (4) cancel this Agreement; <br /> (5) bring appropriate action to enforce such performance and the <br /> correction of such Event of Default; <br /> (6) declare the entire unpaid principal of the Note and all accrued <br /> interest thereon immediately due and payable without notice; <br /> (7) foreclose the Mortgage and any other security instrument referred <br /> to in this Agreement and/or exercise any other rights or remedies it may have <br /> under the Mortgage and such other security instrument. <br /> (8) in addition to the other remedies hereunder, if Borrower is in <br /> default under Section 15(a)(iii) or 15(h)(ii) above, Lender may terminate this <br /> Agreement upon ten (10) business days' prior written notice to Borrower. If <br /> Borrower has not cured this default within such 10-business day period, on such <br /> 10th business day: (i) Escrow Agent shall refund all Loan proceeds to Lender; (ii) <br /> all of the Loan documents shall terminate and be of no further force and effect, <br /> except for (a) any provision of a Loan document which indemnifies Lender, and <br /> (b) the Note and Guaranty shall remain in force until all interest that has accrued <br /> until such 10th business day is repaid to Lender. <br /> 16. Default under Note and Mortgage. The failure by Borrower to keep or <br /> perform any of the terms, covenants and conditions to be kept or performed by it under <br /> this Agreement shall constitute a default under the Note, the Mortgage and any other <br /> security instrument held by Lender in connection with the Loan. <br /> 17. Notices. Any notices given hereunder shall be in writing and shall be <br /> deemed to have been given when delivered personally or three (3) days after deposited in <br /> the United States mail, registered, postage prepaid, addressed as follows: <br /> If to Borrower: <br /> Preferred Real Estate Holdings, LLC <br /> -11- <br />