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covenants of the lease. Any funds collected as security shall be kept separate apart from all <br />other funds, in an escrow account, the amount of which at all times shall equal or exceed the <br />aggregate of all outstanding obligations under this account. <br />E. Permit the use of the dwelling accommodations of the Development for any purpose except <br />the use that was originally approved by Lender. <br />F. Transfer, assign, or pledge any right to or interest in or title to, any funds deposited by <br />Borrower under this Loan Agreement. <br />9. RIGHTS AND REMEDIES. <br />Upon violation of any provision of this Loan Agreement, or the Mortgage or Promissory Note, <br />or any other agreements by Borrower (including the Development Agreement, as incorporated <br />herein), Lender may give written notice thereof to Borrower, by registered or certified mail, <br />addressed to the address stated in this Loan Agreement, or such other address as may <br />subsequently, upon appropriate written notice thereof to Lender, be designated by Borrower as <br />its legal business address. If such violation is not corrected to the satisfaction of Lender within <br />thirty (30) days after the date such notice is mailed, or within such further time as Lender <br />reasonably determines is necessary to correct the violation, Lender may; without further notice, <br />declare a default under this Loan Agreement effective on the date of such declaration, and <br />thereupon Lender may apply to any court, State or Federal, for specific performance of the <br />covenants and agreements contained herein or for an injunction against any violation of such <br />covenants and agreements. In addition, in the event that the violation is not corrected within the <br />time period as set forth above, Lender may exercise its remedies under the Promissory Note or <br />any other agreement related to this loan and foreclose on the Mortgage and seek recapture of the <br />Loan in accordance with the terms of this Loan Agreement. Lender's election to pursue any <br />one or more of the above remedies shall not be construed to preclude or to be a waiver of <br />Lender's right to pursue any other remedy. <br />10. MUTUAL COVENANTS AND AGREEMENTS. <br />The parties covenant and agree with each other that: <br />A. In the event that any term, covenant, or condition of this Loan Agreement shall be finally <br />determined by a court of competent jurisdiction to be invalid, those terms, covenants, or <br />conditions so determined to be invalid are hereby declared severable and shall not affect the <br />validity of the remaining portions of this Loan Agreement. <br />B. No waiver by either party of any term, covenant, or conditions of this Loan Agreement shall <br />be binding unless in writing and signed by both parties hereto. <br />11 <br />