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obligation to be performed under this Agreement, the Note, or any other document <br />executed by Borrower pursuant to this Agreement; or (iii) fails to pay any amount or <br />perform any obligation under any other note, or other agreement now or hereafter made <br />by Borrower in favor of or with Lender or otherwise now or hereafter held by Lender or <br />Bank, and such failure continues beyond any applicable cure period. <br />(h)Entity Guarantor fails to timely provide Lender any information necessary <br />for Lender to perfect its security interest in the Equipment. <br />(i)Any representation or warranty by Borrower contained herein or in the <br />Note, the Mortgage, the Security Agreement, or any other instrument required hereunder <br />is false or untrue in any material respect when made. <br />(j)A default under the Entity Guaranty, the Mortgage, the Personal Guaranty, <br />or the Security Agreement beyond any applicable notice and cure period. <br />Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any other <br />remedies which it might be entitled to by law, have the right to: <br />(a)Take possession of the Equipment; <br />(b)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 hereby agreed as <br />follows: <br />All sums expended by Lender in effectuating its rights under <br />(i) <br />paragraphs (ii) and (iii) of this paragraph shall be deemed to have <br />been advanced under this Agreement and to be secured by the <br />Security Agreement and any other security document required under <br />this Agreement as security for the Loan. <br />Borrower hereby constitutes and appoints Lender its true and lawful <br />(ii) <br />attorney-in-fact with full power of substitution either in the name of <br />Lender or in the name of Borrower or in the name of both, for the <br />following purposes: (A) to prosecute and defend all actions or <br />proceedings in connection with the Loan Property or the Equipment <br />and do any and every act which Borrower might do in its own <br />behalf; (B) to perform each of the terms, covenants andconditions to <br />be kept and performed by Borrower under any contracts and/or <br />leases obtained or held by Borrower in connection with the operation <br />of the Loan Property and any other contracts; (C) without limiting <br />the foregoing, to perform each of the terms,covenants and <br />conditions to be kept or performed by Borrower under this <br />Agreement, the Security Agreement and any other instrument <br />required under this Agreement; and (D) to do all things that Lender <br />reasonably deems necessary or advisable for the purpose of carrying <br />8 <br />477330v1EL185-40 <br /> <br />