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<br />(iii) any action taken or not taken by the Beneficiary or the Controlling
<br />Person which is allowed or permitted under this Mortgage relating to the Grantor, the Property, any
<br />constituent parties or otherwise in connection with this Mortgage, including without limitation, the
<br />protection or enforcement of any lien, security interest or other right, remedy or recourse created or
<br />afforded by this Mortgage;
<br />(iv) any action brought by the Beneficiary against the Grantor under this
<br />Mortgage, whether or not such action is prosecuted to a final, non-appealable judgment; and
<br />(v) any and all loss, damage, costs, expense, action, causes of action, or
<br />liability (including reasonable attorneys’ fees and costs) directly or indirectly arising from or attributable
<br />to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal,
<br />or presence of a hazardous substance on, in, under or about the property, whether known or unknown at
<br />the time of the execution hereof, including without limitation (1) all foreseeable consequential damages of
<br />any such use, generation, manufacture, production, storage, release, threatened release, discharge,
<br />disposal, or presence; and (2) the costs of any required or necessary environmental investigation or
<br />monitoring, any repair, cleanup, or detoxification of the property, and the preparation and implementation
<br />of any closure, remedial, or other required plans.
<br />THE BENEFICIARY AND/OR THE CONTROLLING PERSON MAY EMPLOY AN
<br />ATTORNEY OR ATTORNEYS TO PROTECT OR ENFORCE ITS RIGHTS, REMEDIES AND
<br />RECOURSES UNDER THIS MORTGAGE AND THE OTHER FUNDING LOAN
<br />DOCUMENTS, AND TO ADVISE AND DEFEND BENEFICIARY AND/OR THE
<br />CONTROLLING PERSON WITH RESPECT TO ANY SUCH ACTIONS AND OTHER
<br />MATTERS. THE GRANTOR SHALL REIMBURSE BENEFICIARY AND/OR THE
<br />CONTROLLING PERSON FOR THEIR RESPECTIVE ATTORNEYS’ FEES AND EXPENSES
<br />(INCLUDING EXPENSES AND COSTS FOR EXPERTS) IMMEDIATELY UPON RECEIPT OF
<br />A WRITTEN DEMAND THEREFOR, WHETHER ON A MONTHLY OR OTHER TIME
<br />INTERVAL, AND WHETHER OR NOT AN ACTION IS ACTUALLY COMMENCED OR
<br />CONCLUDED. ALL OTHER REIMBURSEMENT AND INDEMNITY OBLIGATIONS
<br />HEREUNDER SHALL BECOME DUE AND PAYABLE WHEN ACTUALLY INCURRED BY
<br />THE BENEFICIARY AND/OR THE CONTROLLING PERSON. ANY PAYMENTS NOT
<br />MADE WITHIN TEN (10) DAYS AFTER WRITTEN DEMAND THEREFOR SHALL BEAR
<br />INTEREST AT THE DEFAULT RATE FROM THE DATE OF SUCH DEMAND UNTIL FULLY
<br />PAID. THE PROVISIONS OF THIS SECTION 5.18 SHALL SURVIVE REPAYMENT OF THE
<br />INDEBTEDNESS AND PERFORMANCE OF THE OBLIGATIONS, THE RELEASE OF THE
<br />LIEN OF THIS MORTGAGE, ANY FORECLOSURE (OR ACTION IN LIEU OF
<br />FORECLOSURE), THE TRANSFER BY THE GRANTOR OF ANY OR ALL OF ITS RIGHT,
<br />TITLE AND INTEREST IN OR TO THE PROPERTY AND THE EXERCISE BY
<br />BENEFICIARY OR THE CONTROLLING PERSON OF ANY AND ALL REMEDIES SET
<br />FORTH HEREIN.
<br />ARTICLE 6
<br />STATE SPECIFIC PROVISIONS
<br />In the event of any inconsistencies between the terms and conditions of this Article 6 and the
<br />other terms and conditions of this Mortgage, the terms and conditions of this Article 6 shall control and be
<br />binding.
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