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rights and remedies hereunder), and /or the Lender may terminate the Commitment. (b) The Lender may declare immediately due and payable all unpaid principal of and accrued interest on the Note, together with all other sums payable hereunder, and the same shall thereupon be immediately due and payable without presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of which are hereby expressly waived. (c) The Lender shall have the right, in addition to any other rights provided by law, to enforce its rights and remedies under the Security Documents. (d) The Lender may enter upon the Land and take possession thereof, together with the Improvements then in the course of construction, and may proceed either in its own name or in the name of the Borrower as the attorney -in -fact of the Borrower (which authority is coupled with an interest and is irrevocable by the Borrower) to complete or cause to be completed the Improvements at the cost and expense of the Borrower. If the Lender elects to complete or cause to be completed the Improvements, it may do so according to the Plans or according to such changes, alterations or modifications in and to the Plans as the Lender may deem appropriate; and the Lender may enforce all contracts let by the Borrower relating to construction of the Improvements, and /or let other contracts which in the Lender's sole judgment may seem advisable; and the Borrower shall forthwith turnover and duly assign to the Lender, as the lender may from time to time require, contracts relating to construction of the Improvements, the Plans, blueprints, shop drawings, bonds, building permits, bills and statements of ac- counts pertaining to the Land or Improvements, together with any costs, charges, or expenses incident thereto or resulting therefrom, all of which shall be secured by the Security Documents. In the event that a proceeding is instituted against the Borrower for recovery and reimbursement of any monies expended by the Lender in connection with the completion of the Improvements, a statement of such expenditures, verified by the affidavit of an officer of the Lender, shall be prima facie evidence of the amounts so expended and of the propriety of and necessity for such expenditures; and the burden of proving to the contrary shall be upon the Borrower. The Lender shall have the right to apply any funds which it agrees to advance hereunder and any funds which the Borrower has then on deposit with Lender or Title to bring about the completion of the Improvements and to pay the costs thereof; and if such monies so agreed to be advanced and funds of the Borrower then on deposit are insufficient, in the sole judgment of the Lender, to complete the Improvements, the Borrower agrees to promptly deliver and pay to the Lender such sum or sums of money as the Lender may from time to time demand for the purpose of completing the Improvements or of paying any liability, charge or expense which may have been incurred or assumed by the Lender under or in performance of this Agreement. It is expressly understood and 13