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9 <br />EL185\81\983245.v1 <br />(g) A transfer which violates by Paragraph 9 hereof, Encumbrances and <br />Transfer, occurs. <br /> <br />(h) If Borrower: (i) fails to pay when due any amount due under this <br />Agreement, the Mortgage, the Note, or any other documents listed in Section 4; (ii) fails <br />to perform any other obligation to be performed under this Agreement, the Note, the <br />Mortgage, the Security Agreement, or any other document executed by Borrower <br />pursuant to this Agreement; or (iii) fails to pay any amount or perform any obligation <br />under any other note, or other agreement now or hereafter made by Borrower in favor of <br />or with Lender or otherwise now or hereafter held by Lender, and such failure continues <br />beyond any applicable cure period. <br /> <br />(i) If Borrower fails to timely provide Lender any information necessary for <br />Lender to perfect its security interest in the Equipment. <br /> <br />(j) Any representation or warranty by Borrower or Corporate Guarantor <br />contained herein or in the Note, the Corporate Guarantor, the Mortgage, the Security <br />Agreement, or any other instrument required hereunder is false or untrue in any material <br />respect when made. <br /> <br />(k) A default under the Personal Guaranties, the Corporate Guarantor, <br />Mortgage or the Security Agreement beyond any applicable notice and cure period. <br /> <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 /> <br />(a) Take possession of the Equipment; <br /> <br />(b) Exercise its remedies under the Mortgage, including foreclose on the Loan <br />Property; <br /> <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 /> <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, Mortgage, Corporate Guaranty and Personal <br />Guaranties and any other security document required under this <br />Agreement as security for the Loan. <br /> <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 />Page 52 of 124