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Mortgage, Assignment of Rents, Security Agreement and Fixture Filing Page 11 TO HAVE AND TO HOLD THE PREMISES and all parts, rights, members and appurtenances thereof, to the use, benefit and advantage of Governmental Lender, its successors and assigns IN FEE SIMPLE forever; PROVIDED NEVERTHELESS, that if the Borrower, its successors or assigns, shall: (a) pay all sums due and owing under the Project Loan, including but not limited to the obligations of Borrower to pay the principal and interest owing pursuant to the terms and conditions of the Project Note, the Project Loan Agreement and the Construction Continuing Covenant Agreement, together with any other payment obligations of Borrower under the Financing Documents, together with interest thereon, payable to Governmental Lender pursuant to the Financing Documents, if not sooner due, shall be due and payable in any event on the Maturity Date; (b) perform all other obligations, liabilities, covenants and agreements of Borrower contained herein, including all fees and charges payable by Borrower; (c) perform all other obligations, liabilities, covenants and agreements of Borrower, now existing or hereafter arising, under the Project Loan Agreement, the Construction Continuing Covenant Agreement and each other Financing Document; (d) pay all sums, with interest thereon at the same rate or rates as specified in the Project Note and the other Financing Documents, advanced in protecting the lien of this Security Instrument, including taxes, assessments, charges, claims, fines, impositions, insurance premiums, amounts due upon prior or superior mortgages and other prior or superior liens, encumbrances and interests, Governmental Lender’s fees provided for herein or in the other Financing Documents and legal expenses and reasonable attorneys’ fees and all sums advanced for any other purpose authorized herein; then the Governmental Lender shall release this Security Instrument. The Project Note, all such sums and all such obligations, together with interest thereon, are herein collectively referred to as the “Indebtedness.” AND IT IS FURTHER COVENANTED AND AGREED AS FOLLOWS: 1. GENERAL COVENANTS, AGREEMENTS, WARRANTIES 1.1 Payment of Indebtedness: Observance of Covenants. Borrower shall duly and punctually pay each and every installment of principal and interest on the Project Note and all other Indebtedness, as and when the same shall become due, and shall duly and punctually perform and observe all of the covenants, agreements and provisions contained herein, in the Project Note and any other instrument given as security for the payment of the Project Note.