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4.6. SR 08-20-2018
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4.6. SR 08-20-2018
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8/17/2018 10:28:18 AM
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(i)Any representation or warranty by Borrower contained herein or in <br />the Note, the Security Agreement or any other instrument required hereunder is <br />false or untrue in any material respect when made. <br />(j)Borrower defaults in the payment or performance of anything by it <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 thanin 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 bylaw, 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 />(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 />Security Agreement and any other security document required <br />under this Agreement as security for the Loan. <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 />cause the same to be completed; to use the plans and <br />specifications; to make such additions, changes and corrections in <br />the plans and specifications as Lender reasonably shall deem <br />necessary or desirable; to collect and use any funds of Borrower; to <br />use any funds which may remain unadvanced under this <br />Agreement; to employ such contractors, subcontractors, agents, <br />design professionals and inspectors and enter into such contracts <br />and arrangements as Lender reasonably deems necessary for such <br />purposes; to pay, settle or compromise all existing bills and claims <br />which may be liens against the Loan Property or as may be <br />necessary or reasonably desirable for the completion of the <br />533940v3 GAF EL185-57 <br />-9- <br />
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