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security after the occurrence of an Event of Default, and any payments received from any <br /> • guarantor after the occurrence of an Event of Default,may be applied by the Seller to either <br /> entirely to Note A or alternatively to Note B and such other extensions of credit on a pro rata <br /> basis in proportion to the then unpaid principal balances of the Loan and such other extensions of <br /> credit. In this Agreement, "Event of Default"means an Event of Default under the Loan <br /> Agreement that is not waived or cured. <br /> 5. The Seller shall hold the Loan Agreement,the Notes, and all security instruments, <br /> guaranties and other writings concerning the Loan, and shall maintain records pertaining to the <br /> Loan. At all reasonable times, the Seller shall permit the Purchaser to inspect and copy such <br /> writings and records. At the Purchaser's request from time to time, the Seller shall provide the <br /> Purchaser with available financial and nonfinancial information on the Borrower and any <br /> guarantors of the Loan, including without limitation accrual status, status of principal and <br /> interest payments, available financial statements,collateral values and lien status, and any <br /> available information bearing on the continuing creditworthiness of the Borrower and any <br /> guarantors of the Loan. The Seller may administer the Loan and any security and guaranties <br /> therefor as though it were the sole owner and holder thereof. Notwithstanding the foregoing,the <br /> Seller shall not,without the prior written consent of the Purchaser: (a) forgive any principal or <br /> interest under Note B; or(b) agree to any extension of the maturity date of the Note B; or(c) <br /> agree to the release,substitution or exchange of any security for or guaranty of Note B. <br /> 6. All expenses of administration of the Loan, including without limitation all <br /> advances for preservation of security, expenses of collection, enforcement, foreclosure and sale, <br /> • attorneys' fees, court costs and disbursements, shall be paid by the Seller, in its discretion, and <br /> added to the principal amount of Note A. <br /> 7. If all or any portion of any payment or recovery under the Loan Agreement,Note <br /> B, or any guaranty or security is recovered from the Seller by the Borrower, any trustee in <br /> bankruptcy or debtor in possession, or any other person or entity following the Seller's payment <br /> to the Purchaser, the Purchaser shall thereupon return and pay over to the Seller an amount equal <br /> to the payment to the Purchaser which has been recovered from the Seller,together with any <br /> interest thereon which the Seller is required to pay in connection therewith. <br /> 8. The Purchaser acknowledges that it has made an independent investigation of, and <br /> has satisfied itself with respect to,the credit standing of the Borrower and any guarantor of the <br /> Loan, the value of any security for the Loan, the validity and enforceability of the Loan <br /> Agreement,Note B and Mortgage B and any guaranty and security and all other matters in <br /> connection with the Loan, that the Purchaser is not relying upon the Seller's judgment. Seller <br /> makes no warranty of any kind, express or implied, in connection with the Loan or any of the <br /> foregoing. <br /> • <br />