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t <br /> i <br /> satisfaction, subject, however, to Borrower's right to contest the same in <br /> accordance with the provisions of the Mortgage. <br /> (g) A transfer which violates by Section 9 hereof occurs. <br /> (h) Borrower(i) fails to pay any amount due under this Agreement,the <br /> Note or the Mortgage when due; or (ii) fails to perform any other obligation to be <br /> • <br /> performed under this Agreement, the Note, the Mortgage or any other document <br /> executed by Borrower pursuant to this Agreement and such failure continues <br /> beyond any applicable cure period. <br /> (i) Any representation or warranty by Borrower contained herein or in. <br /> the Note, the Mortgage or any other instrument required hereunder is false or <br /> untrue in any material respect when made. <br /> (i) Borrower defaults in the payment or performance of anything by it <br /> • <br /> to be paid or performed under any note, mortgage or other agreement now or • <br /> hereafter made by Borrower in favor of or with Lender or otherwise now or <br /> hereafter held by Lender and as to defaults other than in the payment of a sum • <br /> when due, the continuance thereof beyond any notice and/or cure period • <br /> contained therein. <br /> 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 /> • <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 /> • <br /> Agreement as security for the Loan. <br /> • <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 /> 385593v4 JSB EL185-12 <br /> -10- <br />