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note,mortgage or other agreement now or hereafter made by Borrower in favor of or with <br /> Lender or otherwise now or hereafter held by Lender, or City, and such failure continues <br /> beyond any applicable cure period. <br /> (i) Any representation or warranty by Borrower contained herein or in the <br /> Note, the Security Agreement, or the Microloan Documents or any other instrument <br /> required hereunder is false or untrue in any material respect when made. <br /> (j) Any of the terms, covenants or conditions of any permit or other <br /> agreement issued or made by the City or other governmental body having jurisdiction <br /> over the Loan Property, including, but not limited to, those relating to the cost of or time <br /> for installation of the Improvements, are not complied with within the time required <br /> thereby or are terminated or modified by the City or such other governmental body and <br /> Borrower has not taken the necessary steps to correct or cure the same within thirty (30) <br /> days after written notice is given by Lender. <br /> (k) A default under the Lease,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 /> (I) To refrain from making advances under this Agreement and/or to require Title to <br /> return advances of Loan proceeds held by Title; <br /> (2) To enter into possession of the Loan Property and perform any and all work and <br /> labor necessary to complete the Improvements substantially as required under this <br /> Agreement through a licensed contractor and to do all things necessary or <br /> incidental thereto; <br /> (3) To perform such other acts or deeds which reasonably may be necessary to cure <br /> any default existing under this Agreement, and to this end, it is hereby agreed as <br /> 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 have been <br /> advanced under this Agreement and to be secured by the Security <br /> Agreement 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 lawful <br /> attorney-in-fact with full power of substitution either in the name of <br /> Lender of in the name of Borrower or in the name of both, for the <br /> following purposes: (a) to purchase the Equipment; to collect and use any <br /> funds of Borrower; to use any funds which may remain unadvaneed under <br /> this Agreement; to enter into such contracts and arrangements as Lender <br /> reasonably deems necessary for such purposes; to prosecute and defend all <br /> 1741240 <br /> -II- <br />