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13135953v2 <br /> <br /> <br />8 <br /> <br />use action or proceeding, either instituted or threatened, which would or might <br />detrimentally affect the use or operation of the Mortgaged Property or adversely <br />affect the value thereof. Promptly upon learning of any such action or proceeding, <br />whether threatened or initiated, the Mortgagor will notify the Mortgagee thereof <br />in writing. <br />All public health and environmental permits, licenses and authorizations required <br />by law, ordinance or regulation, if any, in connection with the intended use or <br />operation of the Mortgaged Property have been obtained; and the Mortgagor and <br />any lessee claiming by, through or under the Mortgagor at all times hereafter will <br />be in full compliance with all requirements of all such permits, licenses, <br />authorities, laws, regulations and ordinances. <br />If any of the foregoing covenants or representations are breached or prove to be <br />inaccurate in any material respect, then, in addition to all rights, powers and <br />remedies granted to the Mortgagee by law hereunder (including rights of <br />acceleration of indebtedness as in the case of any other default or Event of Default <br />hereunder or under any obligation secured hereby) the Mortgagee, upon failure of <br />the Mortgagor to do so and in exercise of its reasonable judgment, may (but shall <br />not be required to) do any or all of the following, at the expense of the Mortgagor: <br />(a) Appear in and defend any such action or proceeding; and <br />(b) Retain such legal and technical advice and counsel as the Mortgagee <br />believes necessary to protect itself and the security of this instrument. <br />The Mortgagor hereby agrees to indemnify, protect and hold the Mortgagee <br />harmless of and from all loss or damage (including reasonable attorneys’ fees and <br />expenses) which the Mortgagee may incur by reason of any material breach or <br />inaccuracy in any of the covenants or representations contained in this Section. <br />If any action has occurred in the past which would constitute a violation of any of <br />the laws, ordinances and regulations referred to in this Section, the Mortgagor <br />hereby agrees to indemnify, protect and hold the Mortgagee harmless of and from <br />all loss or damage (including reasonable attorneys’ fees and expenses) which the <br />Mortgagee may incur by reason thereof. <br />9. Advances. Upon the Mortgagor’s failure to comply with the preceding covenants <br />and agreements, the payment of prior liens, liens on a parity with this Mortgage, <br />taxes, assessments and charges, maintenance of insurance and repairs as required <br />by the Agreement and this Mortgage, the Mortgagee without prejudice to any <br />rights given herein, may make advances to perform the same on behalf of the <br />Mortgagor, and in furtherance thereof, the Mortgagee may place or cause the <br />Mortgaged Property to be placed in good condition, repair and working order; <br />pay, settle or contest any such taxes, liabilities, charges and assessments; redeem <br />the Mortgaged Property from any sale or forfeiture for any tax or assessment; <br />purchase any tax title obtained or that shall be obtained thereon; pay any