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(w) any failure by the Borrower to perform or comply with any of its obligations under this
<br />Borrower Loan Agreement (other than those specified in this Section 9.1), as and when required, which
<br />continues for a period of thirty (30) days after written notice of such failure by Funding Lender or the
<br />Servicer on its behalf to the Borrower; provided, however, if such failure is susceptible of cure but cannot
<br />reasonably be cured within such thirty (30) day period, and the Borrower shall have commenced to cure
<br />such failure within such thirty (30) day period and thereafter diligently and expeditiously proceeds to cure
<br />the same, such thirty (30) day period shall be extended for an additional period of time as is reasonably
<br />necessary for the Borrower in the exercise of due diligence to cure such failure, such additional period not
<br />to exceed sixty (60) days. However, no such notice or grace period shall apply to the extent such failure
<br />could, in the Funding Lender's judgment, absent immediate exercise by the Funding Lender of a right or
<br />remedy under this Borrower Loan Agreement, result in harm to the Funding Lender, impairment of the
<br />Borrower Note or this Borrower Loan Agreement or any security given under any other Borrower Loan
<br />Document.
<br />Section 8.2. Remedies.
<br />Section 8.2.1 Acceleration. Upon the occurrence of an Event of Default (other than an Event of
<br />Default described in paragraph (e), (f) or (i) of Section 8.1) and at any time and from time to time
<br />thereafter, as long as such Event of Default continues to exist, in addition to any other rights or remedies
<br />available to the Governmental Lender pursuant to the Borrower Loan Documents or at law or in equity,
<br />the Funding Lender may, take such action (whether directly or by directing the actions of the Fiscal
<br />Agent)„ without notice or demand, as the Funding Lender deems advisable to protect and enforce its
<br />rights against the Borrower and in and to the Project, including declaring the Borrower Payment
<br />Obligations to be immediately due and payable {including, without limitation, the principal of,
<br />Prepayment Premium, if any, and interest on and all other amounts due on the Borrower Note to be
<br />immediately due and payable), without notice or demand, and apply such payment of the Borrower
<br />Payment Obligations in any manner and in any order determined by Funding Lender, in Funding Lender's
<br />sole and absolute discretion; and upon any Event of Default described in paragraph (e), {~ or (i) of
<br />Section 8.1, the Borrower Payment Obligations shall become immediately due and payable, without
<br />notice or demand, and the Borrower hereby expressly waives any such notice or demand, anything
<br />contained in any Borrower Loan Document to the contrary notwithstanding. Notwithstanding anything
<br />herein to the contrary, enforcement of remedies hereunder and under the Funding Loan Agreement shall
<br />be controlled by the Funding Lender.
<br />Section 8.2.2 Remedies Cumulative. Upon the occurrence of an Event of Default, all or any
<br />one or more of the rights, powers, privileges and other remedies available to the Funding Lender against
<br />the Borrower under the Borrower Loan Documents or at law or in equity may be exercised by the
<br />Funding Lender or the Fiscal Agent, at any time and from time to time, whether or not all or any of the
<br />Borrower Payment Obligations shall be declared due and payable, and whether or not the Funding Lender
<br />shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and
<br />remedies under any of the Borrower Loan Documents. Any such actions taken by the Funding Lender
<br />shall be cumulative and concurrent and may be pursued independently, singly, successively, together or
<br />otherwise, at such time and in such order as the Funding Lender may determine in its sole discretion, to
<br />the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies
<br />of the Funding Lender permitted by law, equity or contract or as set forth in the Borrower Loan
<br />Documents. Without limiting the generality of the foregoing, the Borrower agrees that if an Event of
<br />Default is continuing, all Liens and other rights, remedies or privileges provided to the Funding Lender
<br />shall remain in full force and effect until they have exhausted all of its remedies, the Security Instrument
<br />has been foreclosed, the Project has been sold and/or otherwise realized upon satisfaction of the Borrower
<br />Payment Obligations or the Borrower Payment Obligations has been paid in full. To the extent permitted
<br />by applicable law, nothing contained in any Borrower Loan Document shall be construed as requiring the
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