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4.6. SR 08-20-2018
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4.6. SR 08-20-2018
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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 />Improvements or clearance of title; to execute all applications and <br />certificates in the name of Borrower; to prosecute and defend all <br />actions or proceedings in connection with the construction of the <br />Improvements on, or any other matter relating to, the Loan <br />Property and do any and every act which Borrower might do in its <br />own behalf; (b) to enforce by any means thatLender then <br />reasonably deems necessary or advisable, all of the terms, <br />covenants and conditions of any permit or agreement issued by the <br />City or any other governmental body having jurisdiction over the <br />Loan Property or the construction contracts or any other contracts <br />obtained or held by Borrower in connection with the construction <br />of and any other contracts; (c) to perform each of the terms, <br />covenants and conditions to be kept and performed by Borrower <br />under any permit or authorization issued by the City or any other <br />governmental body having jurisdiction over the Loan Property or <br />the construction contracts or any other contracts and/or leases <br />obtained or held by Borrower in connection with the construction <br />or operation of the Improvements, and any other contracts; (d) <br />without limiting the foregoing to perform each of the terms, <br />covenants and conditions to be kept or performed by Borrower <br />under this Agreement, the Security Agreement and any other <br />instrument required under this Agreement; and (e) to do all things <br />that Lender reasonably deems necessary or advisable for the <br />purpose of carrying out the powers enumerated in (a), (b), (c) and <br />(d) of this Subparagraph (ii); <br />(iii)The powers herein granted Lender shall be deemed to be powers <br />coupled with an interestand the same are irrevocable; <br />(4)cancel this Agreement; <br />(5)bring appropriate action to enforce such performance and the <br />correction of such Event of Default; <br />533940v3 GAF EL185-57533940v3 GAF EL185-57 <br />-10- <br />
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