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8 <br />EL185\79\955722.v2 <br />now or hereafter held by Lender, and such failure continues beyond any applicable cure <br />period. <br />(i) If Borrower fails to timely provide Lender any information necessary for <br />Lender to perfect its security interest in the Equipment. <br />(j) Any representation or warranty by Borrower contained herein or in the <br />Note, the Security Agreement, or any other instrument required hereunder is false or <br />untrue in any material respect when made. <br />(k) A default under the Personal Guaranties or the Security Agreement <br />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 />(i)All sums expended by Lender in effectuating its rights under <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 />(ii)Borrower hereby constitutes and appoints Lender their 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 prosecute and defend all actions <br />or proceedings in connection with the Loan Property or the <br />Equipment and do any and every act which Borrower might do in its <br />own behalf; (B) to perform each of the terms, covenants and <br />conditions to be kept and performed by Borrower under any <br />contracts and/or leases obtained or held by Borrower in connection <br />with the operation of the Loan Property and any other contracts; (C) <br />without limiting the foregoing, to perform each of the terms, <br />covenants and conditions to be kept or performed by Borrower under <br />this 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 />out the powers enumerated in (A), (B), (C) and (D) of this <br />Subparagraph (ii); <br />Page 23 of 104