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(i)
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<br />Use of Collateral. The Collateral will be used for its intended business purpose and will at all times
<br />be located at the Property.
<br />
<br />(J)
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<br />Condition of CollateraI. Borrower will keep the Collateral in good condition and repair, reasonable
<br />wear and tear excepted, and will permit Lender to enter upon the Minimum Improvements at
<br />reasonable times for the purpose of examining the Collateral.
<br />
<br />(k)
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<br />Costs of Collection. In the event of any action or proceeding to collect or realize upon the Collateral
<br />or to enforce any of Lender's rights hereunder, Borrower shall pay:
<br />
<br />(i) all of Lender's attorneys' fees and legal expenses, with interest thereon, incurred by Lender;
<br />
<br />(~i)
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<br />all taxes, levies, insurance expenses, and costs of repairs to, or maintenance of, the
<br />Collateral; and
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<br />(iii)
<br />
<br />all costs of Lender incurred in taking possession of, disposing of or preserving the Collateral
<br />after any Event of Default (defined below).
<br />
<br />Event of Default. Upon the event of a default under the Loan Agreement, Lender may exercise any remedy
<br />available to it under the terms of the Loan Agreement.
<br />
<br />Further Assurances. Borrower shall execute and deliver to Lender, promptly and at Borrower's expense,
<br />Uniform Commercial Code ("Code") financing statements and evidence of tax filings and payments, including
<br />without limitation a UCC-1 Financing Statement in substantially the form set forth at Exhibit C. Borrower
<br />agrees that Lender is authorized, at its option, to file a carbon, photographic or other reproduction of this
<br />Agreement as a financing statement and shall be sufficient as a financing statement under the Code and to file
<br />financing statements or amendments thereto without the signature of Borrower and, if a signature is required
<br />by law, then Borrower appoints Lender as Borrower's attorney-in-fact to execute any such fmancing
<br />statements.
<br />
<br />Cumulative Remedies. All of Lender's rights and remedies herein are cumulative and in addition to any
<br />rights or remedies available at law or in equity including the Code, and may be exercised concurrently or
<br />separately. Borrower shall pay all costs, expenses, losses, damages and legal costs (including attorneys' fees)
<br />incurred by Lender as a result of enforcing any terms or conditions of this Agreement.
<br />
<br />No Liability Imposed on Lender. Lender shall not be obligated to perform or discharge, nor does it hereby
<br />undertake to perform or discharge any obligation, duty, or liability, nor shall this Agreement operate to place
<br />responsibility for the control, care, or management of the Equipment upon Lender.
<br />
<br />7. Indemnification. Borrower shall and does hereby agree to indemnify against and to hold Lender harmless of
<br /> and from any and all liability, loss, or damage which it may or might incur under or by reason of this
<br /> Agreement, and of and from any and all claims and demands whatsoever which may be asserted against it by
<br /> reason of any alleged obligat/ons or undertakings on its part to perform qr discharge any of the terms,
<br /> covenants or agreements contained herein. Should Lender incur any such liability or be required to defend
<br /> against any such claims or demands, or should a judgment be entered against'Lender, the amount thereof,
<br /> including costs, expenses, and reasonable attorneys' fees, shall bear interest thereon at the rate then in effect on
<br /> the Note, shall be secured hereby, shall be added to the Loan, and Borrower shall reimburse Lender for the
<br /> same immediately upon demand, and upon the failure of Borrower so to do, Lender may declare the Loan
<br /> immediately due and payable.
<br />
<br /> :.'
<br />8. Expenses of Lender. All expenses in protecting, storing, warehousing, insuring, handling and shipping of the
<br /> Collateral, all costs of keeping the Collateral free of liens, encumbrances and security interests (other than the
<br /> security interest created by this Agreement) and the removing of the same and all excise, property, sales and
<br /> use taxes imposed by state, federal, or local authority on any of the Collateral or with respect to the sale
<br />
<br />B-3
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