Common use of Appointment of Lender as Attorney-In-Fact Clause in Contracts

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrower’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes addressed to Borrower, and applying any payments contained therein to the Indebtedness. Borrower hereby acknowledges that the constitution and appointment of such proxy and attorney-in-fact are coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtedness.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrower’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes addressed to Borrower, and applying any payments contained therein to the Indebtedness. Borrower hereby acknowledges that the constitution and appointment of such proxy and attorney-in-fact are coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c14.3(mmmmmm) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c14.3(mmmmmm) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtedness.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably designates, makes, constitutes, constitutes and appoints Lender (and any officer of Lender or any Person all persons designated by Lender for that purpose) Lender), as Borrower’s its true and lawful proxy and attorney-in-fact (fact, and agent-in-fact) authorizes Lender, upon the occurrence and during the continuance of a Default or an Event of Default, in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion (i) demand payment of the Replacements, Repairs, Client Notes; (ii) enforce payment of the Client Notes by legal proceedings or Restoration, or for clearance otherwise; (iii) exercise all of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreementand remedies with respect to proceedings brought to collect a Client Note; appear (iv) sell or assign any Client Note upon such terms, for such amount and at such time or times as Lender deems advisable; (v) settle, adjust, compromise, extend or renew any Client Note; (vi) discharge and release any Client Note; (vii) take control in any manner of any item of payment or proceeds thereof; (viii) prepare, file and prosecute sign Borrower’s name on any action arising from proof of claim in bankruptcy or other similar document against a Client; (ix) endorse Borrower’s name upon any insurance policies; collect items of payment or proceeds thereof and receive deposit the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, same in Lender’s or account on account of the Obligations; (x) notify the post office authorities to change the address for delivery of Borrower’s namemail to an address designated by Lender, have access to any Condemnation Action; settle lock box or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower postal box into which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve LenderBorrower’s security interest inmail is deposited, and to enforce such interests in, the collateral; open and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items dispose of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes mail addressed to Borrower, and applying any payments contained therein (xi) do all acts and things which are necessary, in Lender’s sole discretion, to the Indebtednessfulfill Borrower’s obligations under this Agreement. Borrower hereby acknowledges that the constitution and appointment The preceding establishes a power of such proxy and attorney-in-fact are attorney coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtednesstherefore irrevocable.

Appointment of Lender as Attorney-In-Fact. Borrower Each Obligor hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrowersuch Obligor’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrowersuch Obligor’s name, place, and stead, with full power of substitution, to: use any Reserve/of the funds in the Replacement Reserve Account or Repairs Escrow Account Funds for the purpose of making or completing the Replacements, Replacements or Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, Replacements or Restoration Repairs as shall be necessary or desirable to complete the Replacements, Replacements or Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Replacements or Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Replacements or Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrowereach Obligor’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrowerany Obligor’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower such Obligor which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrowerany Obligor’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrowersuch Obligor, changing the address of Borrower such Obligor to that of Lender, opening all envelopes addressed to Borrowersuch Obligor, and applying any payments contained therein to the Indebtedness. Borrower Each Obligor hereby acknowledges that the constitution and appointment of such proxy and attorney-in-fact are coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrowersuch Obligor. Borrower Each Obligor specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c14.3(nnnnnn) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower Each Obligor hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c14.3(nnnnnn) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Obligor Waivers. If more than one Person signs this Loan Agreement as BorrowerObligor, each BorrowerObligor, with respect to any other BorrowerObligor, hereby agrees that Lender, in its discretion, may: bring suit against BorrowerObligor, or any one or more of BorrowerObligor, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting BorrowerObligor, for such consideration as Lender may deem proper; release one or more of the persons constituting BorrowerObligor, from liability; or otherwise deal with BorrowerObligor, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower Obligor the full amount of the Indebtedness.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrower’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes addressed to Borrower, and applying any payments contained therein to the Indebtedness. Borrower hereby acknowledges that the constitution and appointment of such proxy and attorney-in-fact are coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c14.3(ddddddd) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c14.3(ddddddd) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtedness.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrower’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes addressed to Borrower, and applying any payments contained therein to the Indebtedness. Borrower hereby acknowledges that the constitution and appointment of such proxy and attorney-in-fact are coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c14.3(oooooo) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c14.3(oooooo) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtedness.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably designates, makes, constitutes, constitutes and appoints Lender (and any officer of Lender or any Person all persons designated by Lender for Lender), exercisable after the occurrence of an Event of Default that purposeinvolves non-payment of amounts due from Borrower (a “Payment Default”) (until such time as Borrower’s the Payment Default is cured to the sole satisfaction of Lender), as its true and lawful proxy and attorney-in-fact (fact, and agent-in-fact) authorizes Lender, in Borrower’s or Lender’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose (i) demand payment of making Accounts; (ii) enforce payment of Accounts by legal proceedings or completing the Replacements, Repairs, or Restorationotherwise; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise (iii) exercise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreementand remedies with respect to proceedings brought to collect an Account; appear (iv) sell or assign any Account upon such terms, for such amount and at such time or times as Lender deems advisable; (v) settle, adjust, compromise, extend or renew an Account; (vi) discharge and release any Account; (vii) take control in any manner of any item of payment or proceeds thereof; (viii) prepare, file and prosecute sign Borrower’s name on any action arising from proof of claim in bankruptcy or other similar document against an Account Debtor; (ix) endorse Borrower’s name upon any insurance policies; collect items of payment or proceeds thereof and receive deposit the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, same in Lender’s or account on account of the Outstanding Advances; (x) notify the post office authorities to change the address for delivery of Borrower’s namemail to an address designated by Lender, have access to any Condemnation Action; settle lock box or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower postal box into which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve LenderBorrower’s security interest inmail is deposited, and to enforce such interests in, the collateral; open and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items dispose of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address of Borrower to that of Lender, opening all envelopes mail addressed to Borrower; and (xi) do all acts and things which are necessary in Lender’s sole discretion, and applying any payments contained therein to the Indebtednessfulfill Borrower’s obligations under this Agreement. Borrower hereby acknowledges that the constitution and appointment The preceding establishes a power of such proxy and attorney-in-fact are attorney coupled with an interest and are irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 14.03(c) shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Loan Agreement and any other Loan Documents. Notwithstanding the foregoing provisions, Lender shall not exercise its rights as set forth in this Section 14.03(c) unless:  an Event of Default has occurred and is continuing, or  Lender determines, in its discretion, that exigent circumstances exist or that such exercise is necessary or prudent in order to protect and preserve the Mortgaged Property, or Lender’s lien priority and security interest in the Mortgaged Property. Borrower Waivers. If more than one Person signs this Loan Agreement as Borrower, each Borrower, with respect to any other Borrower, hereby agrees that Lender, in its discretion, may: bring suit against Borrower, or any one or more of Borrower, jointly and severally, or against any one or more of them; compromise or settle with any one or more of the persons constituting Borrower, for such consideration as Lender may deem proper; release one or more of the persons constituting Borrower, from liability; or otherwise deal with Borrower, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from any Borrower the full amount of the Indebtednessinterest.