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3 <br />(e)Borrowershall have assigned its assets for the benefit of its creditors (other than <br />pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any <br />substantial part of its property, unless the property so assigned, sequestered, attached or executed <br />upon shall have been returned or released within sixty (60) days after such event (unless a lesser <br />time period is permitted for cure under any other mortgage on the Property, in which event such <br />lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant <br />to such sequestration, attachment, or execution; <br />(f)Borrowershall have voluntarily suspended its business or Borrowershall have <br />been dissolved or terminated; <br />(g)A default arises under any debt instrument secured by a mortgage ordeed of trust <br />on the Property and remains uncured beyond any applicable cure period such that the holder of <br />such instrument has the right to accelerate payment thereunder. <br />(h)Subject to Borrower’s right to contest the following charges pursuant to the Loan <br />Documents, if Borrower fails to pay prior to delinquency taxes or assessments due on the <br />Property or the Improvementsor fails to pay when due any other charge that may result in a lien <br />on the Property or the Improvements, and Borrower fails to cure such default within thirty (30) <br />days of date of delinquency, but in all events upon the imposition of any such tax or other lien. <br />(i)Any representation or warranty contained in this Agreement or any application, <br />financial statement, certificate or report furnishedin connection with the Loan or in connection <br />with any request for disbursement of Loan Proceeds proves to have been false or misleading in <br />any material adverse respect when made. <br />(j)An event of default shall have been declared under any other Loan Document <br />subject to the applicable cure periods set forth in such documents. <br />(k)Borrowerdefaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Section6)contained in this Note or in <br />any other Loan Document, and unless such document specifies a different cure period for such <br />default, the default continues for ten (10) days in the event of a monetary default or thirty (30) <br />days in the event of a nonmonetary default after the date upon which Lendershall have given <br />written notice of the default to Borrower(or such longer time as Lendermay agree upon in <br />writing), provided that in each case Borrowercommences to cure the default within thirty (30) <br />days and thereafter prosecutes the curing of such default with due diligence and in good faith. <br />7.REMEDIES. Upon the occurrence of an Event of Default hereunder, Lendermay, at its <br />option (i) by written notice to Borrower, declare the entire unpaid principal balance of this Note, <br />together with all accruedinterest thereon and all sums due hereunder, immediately due and <br />payable regardless of any prior forbearance, (ii) exercise any and all rights and remedies <br />available to it under applicable law, and (iii) exercise any and all rights and remedies available to <br />Lenderunder this Note and the other Loan Documents, including without limitation the right to <br />pursue foreclosure under the Deed of Trust. Borrowershall pay all reasonable costs and <br />expenses incurred by or on behalf of Lenderincluding, without limitation, reasonable attorneys'