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(g) Borrower fails to use Loan Proceeds in accordance with this <br /> Agreement or fails to use Loan Proceeds in accordance with the applicable <br /> request for disbursement. <br /> (h) Borrower defaults in the performance of any term, provision, <br /> covenant or agreement contained in this Agreement other than an obligation <br /> enumerated in this Section 4.1, and unless such a shorter cure period is <br /> specified for such default, the default continues for ten (10) days in the event of <br /> a monetary default or thirty (30) days in the event of a nonmonetary default after <br /> the date upon which Agency shall have given written notice of the default to <br /> Borrower, provided that in the case of a nonmonetary default that is not <br /> susceptible of cure within thirty (30) days, an Event of Default shall not arise <br /> hereunder if Borrower commences to cure the default within thirty (30) days and <br /> thereafter prosecutes the curing of such default to completion with due diligence <br /> and in good faith, but in no event longer than 120 days from the receipt of notice <br /> of default. <br /> 4.2 Remedies. Upon the occurrence of an Event of Default, the Agency shall <br /> have the following rights, in addition to any other rights and remedies provided by law: <br /> (a) The Agency may declare the entire outstanding principal balance of <br /> the Loan immediately due and payable; <br /> (b) The Agency may exercise any and all rights and remedies available to <br /> Agency under the Agency Documents, including without limitation, the right to <br /> pursue foreclosure under the Deed of Trust; <br /> (c) The Agency may seek an order of specific performance: and <br /> (d) The Agency may terminate this Agreement. <br /> Each of the remedies provided herein is cumulative and not exclusive of. and shall not <br /> prejudice any other remedy provided herein, or in any other Agency Document. The <br /> Agency may exercise any rights and remedies available under applicable law. in <br /> addition to, and not in lieu of, any rights and remedies expressly granted in this <br /> Agreement. <br /> 4.3 No Waiver. No failure or delay by Agency at any time to require <br /> performance by Borrower of any provision of this Agreement or to exercise any right, <br /> power or remedy hereunder shall be construed as a waiver of any other provision or <br /> any succeeding breach of the same or any other provision hereof. The failure of <br /> Agency to insist upon the strict performance of any provision of this Agreement, or to <br /> exercise any election contained herein shall not be construed as a waiver or <br /> relinquishment for the future of such provision or election nor shall it constitute a waiver <br /> of the Agency's right to assert any future remedy provided for in this Agreement or any <br /> other Agency Document on the basis of the same or a similar breach of a covenant or <br /> warranty or other event of default. <br /> 1582106.1 <br />