Common use of Limited Recourse Obligations Clause in Contracts

Limited Recourse Obligations. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument now or hereafter securing the Notes, but in such event will look solely to Borrower, Guarantor, Developer and the security for the indebtedness evidenced by the Notes; provided that nothing shall preclude Agent or any Lender from exercising its remedies against Borrower, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with the foreclosure of the Mortgage or any security interest created by the Loan Documents or making a claim in bankruptcy for amounts owed as evidenced by the Loan Documents, and provided further that nothing contained above shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (b) to be a release or impairment of the obligations of Borrower under the Notes, this Mortgage or any other Loan Documents, (c) to limit the Agent or any Lender from enforcing its rights under the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion Guaranty, the Payment Guaranty or the Operating Deficit Guaranty.

Limited Recourse Obligations. Notwithstanding anything to the contrary contained herein or in any of the other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument now or hereafter securing the Notes, but in such event will look solely to Borrower, Guarantor, Developer and the security for the indebtedness evidenced by the Notes; provided that nothing shall preclude Agent or any Lender from exercising its remedies against Borrower, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with the foreclosure of the Mortgage or any security interest created by the Loan Documents or making a claim in bankruptcy for amounts owed as evidenced by the Loan Documents, and provided further that nothing contained above shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (b) to be a release or impairment of the obligations of Borrower under the Notes, this Mortgage or any other Loan Documents, (c) to limit the Agent or any Lender from enforcing its rights under the Notes, the Mortgages, the Building Soft Cost Loan Agreement, the Soft Cost Building Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion Guaranty, the Payment Guaranty or the Operating Deficit Guaranty.

Limited Recourse Obligations. Notwithstanding anything Subject to the contrary contained herein Paragraph 45 hereof and subparagraph (b) below, any claim based on or in respect of any liability of Mortgagor under the Note or under this Mortgage or any other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Document shall be enforced only against the Mortgaged Property and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument collateral now or hereafter securing given to secure the NotesLoan and not against any other assets, properties or funds of Mortgagor; provided, however, that Mortgagor shall be personally liable for amounts under the Loan Documents to the extent of, but in such event will look limited to the amount of any loss, costs or damage actually incurred arising out of the matters described below, which liability shall not be limited solely to Borrowerthe Mortgaged Property and other collateral now or hereafter given to secure the Loan but shall include all of the assets, Guarantorproperties and funds of Mortgagor: (i) fraud, Developer material misrepresentation and waste, (ii) any rents, issues or profits collected more than one (1) month in advance of their due dates, (iii) any misappropriation of rents, issues or profits, security deposits and any other payments from tenants or occupants (including, without limitation, lease termination fees) insurance proceeds, condemnation awards, or other sums of a similar nature, (iv) liability under environmental covenants, conditions and indemnities contained in the security Mortgage and in any separate environmental indemnity agreements, (v) personalty or fixtures removed or allowed to be removed by or on behalf of Mortgagor and not replaced by items of equal or greater value or functionality than the personalty or fixtures so removed, (vi) failure to pay taxes, assessments or ground rents prior to delinquency, or to pay charges for labor, materials or other charges which can create liens on any portion of the indebtedness evidenced Mortgaged Property and any sums expended by Mortgagee in the Notes; provided that nothing shall preclude Agent performance of or any Lender from exercising its remedies against Borrowercompliance with the obligations of Mortgagor under the Loan Documents, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with sums expended to pay taxes or assessments or hazard insurance premiums or bills for utilities or other services or products for the foreclosure benefit of the Mortgage Mortgaged Property, (vii) the unauthorized sale, conveyance or any security interest created by transfer of title to the Loan Documents Mortgaged Property or making encumbrance of the Mortgaged Property, (viii) the failure of Mortgagor to maintain its status as a claim in bankruptcy for amounts owed as evidenced by single purpose, bankruptcy-remote entity pursuant to its organizational documents and the Loan Documents, (ix) a violation of the provisions of Paragraph 18(h) of this Mortgage; and provided further that nothing contained above (x) attorney's fees, court costs and other expenses incurred by Mortgagee in connection with its enforcement of its remedies under the Loan Documents, including, but not limited to, in connection with any bankruptcy proceeding or reorganization brought by or against the Mortgagor or any of its principals. Nothing herein shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (bw) to be a release or impairment waiver of any right which Mortgagee may have under any bankruptcy law of the obligations United States or the state where the Mortgaged Property is located including, but not limited to, Section 506(a), 506(b), 1111(b) or any other provisions of Borrower the U.S. Bankruptcy Code, to file a claim for the full amount of the indebtedness secured by this Mortgage or to require that all of the collateral securing the indebtedness secured hereby shall continue to secure all of the indebtedness owing to Mortgagee under the NotesNote, this Mortgage or any and the other Loan Documents, ; (cx) to limit impair the Agent or any Lender from enforcing its rights under validity of the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, indebtedness secured by this Mortgage; (dy) to constitute a waiverimpair the right of Mortgagee as Mortgagee or secured party to commence an action to foreclose any lien or security interest; or (z) to modify, release diminish or discharge the liability of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion Guaranty, the Payment Guaranty or the Operating Deficit any Guaranty.

Limited Recourse Obligations. (a) Notwithstanding anything any provision in any other section of this Agreement to the contrary, the Purchasers, the Managing Agents and the Administrative Agent each hereby acknowledge and agree that the Issuer’s payment obligations under Sections 2.06, 2.07, 2.08, 2.09, 5.02 and 7.08 shall be without recourse to the Servicer or the Indenture Trustee (or any Affiliate, officer, director, employee or agent of any of them) and shall be limited to the extent of funds available for payment of the foregoing amounts under Section 4.01(c) of the Series Supplement. (b) Anything contained in this Agreement or any other Transaction Document to the contrary contained herein notwithstanding, all payments to be made by any Conduit Purchaser under this Agreement shall be made by such Conduit Purchaser solely from available cash, which shall be limited to the (a) proceeds of collections and other amounts payable by or on behalf of the Issuer to such Conduit Purchaser in connection with any of the other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Transaction Documents and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment b) proceeds of the issuance of Commercial Paper Notes (collectively “Available Funds”). No recourse shall be had against any Conduit Purchaser personally or for the performance against any incorporator, shareholder, officer, director or observance employee of such Conduit Purchaser with respect to any of the covenants, agreements, representations and or warranties of Borrower such Conduit Purchaser contained herein in this Agreement, or in any other Transaction Document, it being understood that such covenants, representations or warranties are enforceable only to the extent of Available Funds. The Administrative Agent, each Managing Agent and each Committed Purchaser hereby acknowledge that, pursuant to the other Loan Documents, terms and Agent conditions of this Agreement and the other Lenders agree not Transaction Documents, no Conduit Purchaser shall be required to seek make any damages or personal money judgment against payments to the Administrative Agent any member of the Borrower's Group for any default under the Notes or under any instrument now or hereafter securing the Notes, but in such event will look solely to Borrower, Guarantor, Developer and the security for the indebtedness evidenced by the Notes; provided that nothing shall preclude Managing Agent or any Lender from exercising its remedies against BorrowerCommitted Purchaser, includingeither as compensation for services rendered, without limitationreimbursement for out of pocket expenses, obtaining and enforcing a judgment against Borrower in connection with indemnification, or otherwise, except to the foreclosure of the Mortgage or any security interest created by the Loan Documents or making a claim in bankruptcy for amounts owed as evidenced by the Loan Documents, and provided further that nothing contained above shall be deemed (a) extent such Conduit Purchaser has Available Funds to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (b) to be a release or impairment of the obligations of Borrower under the Notes, this Mortgage or any other Loan Documents, (c) to limit the Agent or any Lender from enforcing its rights under the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion Guaranty, the Payment Guaranty or the Operating Deficit Guarantymake such payment.

Limited Recourse Obligations. Notwithstanding anything to the contrary contained herein herein, but subject to the obligations of Paragraph 45 of the Mortgage and subsection (b) below, any claim based on or in respect of any liability of Maker under this Note, the Mortgage or any other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Document shall be enforced only against the Mortgaged Property (as such term is defined in the Mortgage) and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument collateral now or hereafter securing given to secure this Note and not against any other assets, properties or funds of Maker; 6 provided, however, that Maker shall be personally liable for amounts under the NotesLoan Documents to the extent of, but limited to the amount of any loss, costs or damage arising out of the matters described in such event will look the subsections below, which liability shall not be limited solely to Borrowerthe Mortgaged Property and other collateral now or hereafter given to secure this Note but shall include all of the assets, Guarantorproperties and funds of Maker: (i) fraud, Developer misrepresentation and waste, (ii) any rents, issues or profits collected more than one (1) month in advance of their due dates and which are not turned over to Payee upon demand following the occurrence of an Event of Default, (iii) any misappropriation of rents, issues or profits, security deposits and any other payments from tenants or occupants (including, without limitation, lease termination fees), insurance proceeds, condemnation awards or other sums of a similar nature, (iv) liability underenvironmental covenants, conditions and indemnities contained in the Mortgage and in any separate environmental indemnity agreements, (v) personalty or fixtures removed or allowed to be removed by or on behalf of Maker and not replaced by items of equal or greater value or functionality than the personalty or fixtures so removed, (vi) failure to pay taxes, assessments or ground rents prior to delinquency, or to pay charges for labor, materials or other charges which can create liens on any portion of the indebtedness evidenced Mortgaged Property and any sums expended by Payee in the Notes; provided that nothing shall preclude Agent performance of or any Lender from exercising its remedies against Borrowercompliance with the obligations of Maker under the Loan Documents, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with sums expended to pay taxes or assessments or hazard insurance premiums or bills for utilities or other services or products for the foreclosure benefit of the Mortgage Mortgaged Property. The liability of Maker for failure to pay taxes or any security interest created by assessments prior to delinquency shall be limited to the extent that operating income from the Mortgaged Property, after applying it to (A) the operating expenses of the Mortgaged Property which are then due payable and (B) the monthly debt service payment due under the Loan Documents for the Mortgaged Property, was sufficient to pay such real estate taxes or making assessments. (vii) the unauthorized sale, conveyance or transfer of title to the Mortgaged Property or interest in the Maker or encumbrance of the Mortgaged Property, voluntarily, by operation of law or otherwise, (viii)the failure of Maker to maintain its status as a claim in bankruptcy for amounts owed as evidenced by single purpose, bankruptcy-remote entity pursuant to its organizational documents and the Loan Documents, and provided further that nothing contained above shall be deemed (aix) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien a violation of the Mortgages, (bprovisions of Paragraph 18(h) to be a release or impairment of the obligations of Borrower under the NotesMortgage, this Mortgage or any other Loan Documents, (c) to limit the Agent or any Lender from enforcing its rights under the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion Guaranty, the Payment Guaranty or the Operating Deficit Guaranty.and 7

Limited Recourse Obligations. Notwithstanding anything to the contrary contained herein herein, but subject to the obligations of Paragraph 45 of the Mortgage and subsection (b) below, any claim based on or in respect of any liability of Maker under this Note, EXHIBIT 10.5 Loan No. 526436:11 the Mortgage or any other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Document shall be enforced only against the Mortgaged Property (as such term is defined in the Mortgage) and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument collateral now or hereafter securing given to secure this Note and not against any other assets, properties or funds of Maker; provided, however, that Maker shall be personally liable for amounts under the NotesLoan Documents to the extent of, but limited to the amount of, any loss, costs or damage actually incurred arising out of the matters described in such event will look the subsections below which liability shall not be limited solely to Borrowerthe Mortgaged Property and other collateral now or hereafter given to secure this Note but shall include all of the assets, Guarantorproperties and funds of Maker: (i) fraud, Developer material misrepresentation and waste, (ii) any rents, issues or profits collected more than one (1) month in advance of their due dates, (iii) any misappropriation of rents, issues or profits, security deposits and any other payments from tenants or occupants (including, without limitation, lease termination fees), insurance proceeds, condemnation awards or other sums of a similar nature, (iv) liability under environmental covenants, conditions and indemnities contained in the security Mortgage and in any separate environmental indemnity agreements, (v) personalty or fixtures removed or allowed to be removed by or on behalf of Maker and not replaced by items of equal or greater value or functionality than the personalty or fixtures so removed, (vi) failure to pay taxes, assessments or ground rents prior to delinquency, or to pay charges for labor, materials or other charges which can create liens on any portion of the indebtedness evidenced Mortgaged Property and any sums expended by Payee in the Notes; provided that nothing shall preclude Agent performance of or any Lender from exercising its remedies against Borrowercompliance with the obligations of Maker under the Loan Documents, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with sums expended to pay taxes or assessments or hazard insurance premiums or bills for utilities or other services or products for the foreclosure benefit of the Mortgage Mortgaged Property, (vii) the unauthorized sale, conveyance or any security transfer of title to the Mortgaged Property or interest created in the Maker or encumbrance of the Mortgaged Property, voluntarily, by operation of law or otherwise, (viii) the Loan Documents or making failure of Maker to maintain its status as a claim in bankruptcy for amounts owed as evidenced by single purpose, bankruptcy-remote entity pursuant to its organizational documents and the Loan Documents, (ix) a violation of the provisions of Paragraph 18(h) of the Mortgage, and provided further that nothing contained above (x) attorney's fees, court costs and other expenses incurred by Xxxxx in connection with its enforcement of its remedies under the Loan Documents, including, but not limited to, in connection with any bankruptcy proceeding or reorganization brought by or against the Maker or any of its principals. Nothing herein shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (bw) to be a release or impairment waiver of any right which Payee may have under any bankruptcy law of the obligations of Borrower under United States or the Notesstate where the Mortgaged Property is located including, this Mortgage but not limited to, Section 506(a), 506(b), 1111(b) or any other Loan Documents, (c) provisions of the U.S. Bankruptcy Code to limit file a claim for the Agent or any Lender from enforcing its rights under full amount of the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the MortgagesMortgage or to require that all collateral securing the indebtedness secured hereby shall continue to secure all of the indebtedness owing to Payee in accordance with this Note, the Security Agreement Mortgage and the other Loan Documents; (x) to impair the validity of the indebtedness secured by the Mortgage; (y) to impair the right of Payee as mortgagee or the Assignment of Contracts secured party to commence an action to foreclose any lien or security interest; or (ez) to affect modify, diminish or discharge the personal liability of the Guarantor any guarantor under the Completion Guaranty, the Payment Guaranty any guaranty or the Operating Deficit Guarantyof any indemnitor under any indemnity agreement.

Limited Recourse Obligations. Notwithstanding anything Subject to the contrary contained herein Paragraph 45 hereof and subparagraph (b) below, any claim based on or in respect of any liability of Mortgagor under the Note or under this Mortgage or any other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Document shall be enforced only against the Mortgaged Property and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument collateral now or hereafter securing given to secure the NotesLoan and not against any other assets, properties or funds of Mortgagor; provided, however, that Mortgagor shall be personally liable for amounts under the Loan Documents to the extent of, but in such event will look limited to the amount of, any loss, costs or damage arising out of the matters described below, which liability shall not be limited solely to Borrowerthe Mortgaged Property and other collateral now or hereafter given to secure the Loan but shall include all of the assets, Guarantorproperties and funds of Mortgagor: (i) fraud, Developer misrepresentation and waste, (ii) any rents, issues or profits collected more than one (1) month in advance of their due dates, (iii) any misappropriation of rents, issues or profits, security deposits and any other payments from tenants or occupants (including, without limitation, lease termination fees) insurance proceeds, condemnation awards, or other sums of a similar nature, (iv) liability under environmental covenants, conditions and indemnities contained in the security Mortgage and in any separate environmental indemnity agreements, (v) personalty or fixtures removed or allowed to be removed by or on behalf of Mortgagor and not replaced by items of equal or greater value or functionality than the personalty or fixtures so removed, (vi) failure to pay taxes, assessments or ground rents prior to delinquency, or to pay charges for labor, materials or other charges which can create liens on any portion of the indebtedness evidenced Mortgaged Property and any sums expended by Mortgagee in the Notes; provided that nothing shall preclude Agent performance of or any Lender from exercising its remedies against Borrowercompliance with the obligations of Mortgagor under the Loan Documents, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with sums expended to pay taxes or assessments or hazard insurance premiums or bills for utilities or other services or products for the foreclosure benefit of the Mortgage Mortgaged Property, (vii) the unauthorized sale, conveyance or any security interest created by transfer of title to the Loan Documents Mortgaged Property or making encumbrance of the Mortgaged Property, (viii) the failure of Mortgagor to maintain its status as a claim in bankruptcy for amounts owed as evidenced by single asset entity pursuant to its organizational documents and the Loan Documents, (ix) a violation of the provisions of Paragraph 18(h) of this Mortgage, and provided further that nothing contained above (x) attorney's fees, court costs and other expenses incurred by Mortgagee in connection with its enforcement of its remedies under the Loan Documents, including, but not limited to, in connection with any bankruptcy proceeding or reorganization brought by or against the Mortgagor or any of its principals. Nothing herein shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (bw) to be a release or impairment waiver of any right which Mortgagee may have under any bankruptcy law of the obligations United States or the state where the Mortgaged Property is located including, but not limited to, Section 506(a), 506(b), 1111(b) or any other provisions of Borrower the U.S. Bankruptcy Code, to file a claim for the full amount of the indebtedness secured by this Mortgage or to require that all of the collateral securing the indebtedness secured hereby shall continue to secure all of the indebtedness owing to Mortgagee under the NotesNote, this Mortgage or any and the other Loan Documents, ; (cx) to limit impair the Agent or any Lender from enforcing its rights under validity of the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, indebtedness secured by this Mortgage; (dy) to constitute a waiverimpair the right of Mortgagee as Mortgagee or secured party to commence an action to foreclose any lien or security interest; or (z) to modify, release diminish or discharge the liability of any indebtedness or obligation under the Notes or secured by the Mortgages, the Security Agreement or the Assignment of Contracts or (e) to affect the personal liability of the Guarantor under the Completion any Guaranty, the Payment Guaranty or the Operating Deficit Guaranty.. Loan No. 526618:11

Limited Recourse Obligations. Notwithstanding anything to the contrary contained herein herein, but subject to the obligations of Paragraph 45 of the Mortgage and subsection (b) below, any claim based on or in respect of any liability of Maker under this Note, the Mortgage or any other Loan Documents, Borrower's officers, directors, employees, members, partners, managers, shareholders, incorporators or agents, but specifically excluding Borrower, Guarantor Document shall be enforced only against the Mortgaged Property (as such term is defined in the Mortgage) and Developer (herein called the "BORROWER'S GROUP"), shall have no personal liability for the payment of the Notes or for the performance or observance of the covenants, representations and warranties of Borrower contained herein or in any of the other Loan Documents, and Agent and the other Lenders agree not to seek any damages or personal money judgment against any member of the Borrower's Group for any default under the Notes or under any instrument collateral now or hereafter securing given to secure this Note and not against any other assets, properties or funds of Maker; provided, however, that Maker shall be personally liable for amounts under the NotesLoan Documents to the extent of, but limited to the amount of any loss, costs or damage arising out of the matters described in such event will look the subsections below, which liability shall not be limited solely to Borrowerthe Mortgaged Property and other collateral now or hereafter given to secure this Note but shall include all of the assets, Guarantorproperties and funds of Maker: (i) fraud, Developer misrepresentation and waste, (ii) any rents, issues or profits collected more than one (1) month in advance of their due dates, (iii) any misappropriation of rents, issues or profits, security deposits and any other payments from tenants or occupants (including, without limitation, lease termination fees) insurance proceeds, condemnation awards, or other sums of a similar nature, (iv) liability under environmental covenants, conditions and indemnities contained in the security Mortgage and in any separate environmental indemnity agreements, (v) personalty or fixtures removed or allowed to be removed by or on behalf of Maker and not replaced by items of equal or greater value or functionality than the personalty or fixtures so removed, (vi) failure to pay taxes, assessments or ground rents prior to delinquency, or to pay charges for labor, materials or other charges which can create liens on any portion of the indebtedness evidenced Mortgaged Property and any sums expended by Payee in the Notes; provided that nothing shall preclude Agent performance of or any Lender from exercising its remedies against Borrowercompliance with the obligations of Maker under the Loan Documents, including, without limitation, obtaining and enforcing a judgment against Borrower in connection with sums expended to pay taxes or assessments or hazard insurance premiums or bills for utilities or other services or products for the foreclosure benefit of the Mortgage Mortgaged Property, (vii) the unauthorized sale, conveyance or any security transfer of title to the Mortgaged Property or interest created in the Maker or encumbrance of the Mortgaged Property, voluntarily, by operation of law or otherwise, (viii) the Loan Documents or making failure of Maker to maintain its status as a claim in bankruptcy for amounts owed as evidenced by single asset entity pursuant to its organizational documents and the Loan Documents, (ix) a violation of the provisions of Paragraph 18(h) of the Mortgage, and provided further that nothing contained above (x) attorney's fees, court costs and other expenses incurred by Payee in connection with its enforcement of its remedies under the Loan Documents, including, but not limited to, in connection with any bankruptcy proceeding or reorganization brought by or against the Maker or any of its principals. Nothing herein shall be deemed (a) to limit or restrict any other type of action or proceeding against Borrower nor affect the lien of the Mortgages, (bw) to be a release or impairment waiver of any right which Payee may have under any bankruptcy law of the obligations of Borrower under United States or the Notesstate where the Mortgaged Property is located including, this Mortgage but not limited to, Section 506(a), 506(b), 1111(b) or any other Loan Documents, (c) provisions of the U.S. Bankruptcy Code to limit file a claim for the Agent or any Lender from enforcing its rights under full amount of the Notes, the Mortgages, the Building Loan Agreement, the Soft Cost Loan Agreement or any other Loan Document, (d) to constitute a waiver, release or discharge of any indebtedness or obligation under the Notes or secured by the MortgagesMortgage or to require that all collateral securing the indebtedness secured hereby shall continue to secure all of the indebtedness owing to Payee in accordance with this Note, the Security Agreement Mortgage and the other Loan Documents; (x) to impair the validity of the indebtedness secured by the Mortgage; (y) to impair the right of Payee as mortgagee or the Assignment of Contracts secured party to commence an action to foreclose any lien or security interest; or (ez) to affect modify, diminish or discharge the personal liability of the Guarantor any guarantor under the Completion Guaranty, the Payment Guaranty any guaranty or the Operating Deficit Guarantyof any indemnitor under any indemnity agreement.