Bender Bank made a loan to a commercial borrower (Sound Bites LLC) that owns and operates a 5,000-seat capacity concert hall and food court, named Sound Bites, for music and entertainment events. In the throes of the coronavirus pandemic, the state's governor announced a social distancing moratorium that meant the cancellation of all upcoming events at Sound Bites. Bender Bank has a recorded deed of trust on the concert hall securing its loan. Sound Bites LLC relies on the cash flow from ticket and food and drink sales to make its monthly mortgage loan payment, and the mass cancelations jeopardize its ability to make the next month's scheduled loan payment.

Sounds Bites LLC has hired you as its counsel to determine its rights and options with regard to the loan and lender. Discuss the range of strategies, both litigation and non-litigation, that you would pursue to serve your borrower client's interest. Also discuss the various sources of law and legal theories that may provide some relief to the borrower. What additional facts would you determine? What provisions in the loan documents would you look for and then scrutinize, and why? What statutory provisions in your jurisdiction would you look for and then scrutinize, and why? What, if any, judicial doctrines might you rely upon and for what purpose?