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Mortgage, Assignment of Rents, Security Agreement and Fixture Filing Page 13 demanded by Governmental Lender to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises by reason of such nonpayment or shall have caused any such Lien or Imposition to be discharged of record by posting a bond as permitted by law. Any such contest shall be prosecuted with due diligence and Borrower shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions, Borrower shall (and if Borrower shall fail so to do, Governmental Lender may but shall not be required to) pay any such lien or Imposition notwithstanding such contest if in the reasonable opinion of Governmental Lender, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed. 1.7 Protection of Security. Borrower shall promptly notify Governmental Lender of and appear in and defend any suit, action or proceeding that affects the Premises or the rights or interest of Governmental Lender hereunder and the Governmental Lender may elect to appear in or defend any such action or proceeding. Borrower agrees to indemnify and reimburse Governmental Lender from any and all loss, damage, expense or cost arising out of or incurred in connection with any such suit, action or proceeding, including costs of evidence of title and reasonable attorney’s fees incurred by Governmental Lender and such amounts together with interest thereon at the same rate or rates as specified in the Project Note and the other Financing Documents shall become additional “Indebtedness” and shall become immediately due and payable. 1.8 Financial Statements; Inspection of Books and Records. Borrower shall comply with Sections 5.11, 5.23 and 5.30 of the Construction Continuing Covenant Agreement. 1.9 Additional Assurances. Borrower agrees upon reasonable request by the Governmental Lender to execute and deliver such further instruments, deeds and assurances including financing statements under the UCC and will do such further acts as may be necessary or proper to carry out more effectively the purposes of this Security Instrument and without limiting the foregoing, to make subject to the lien hereof any property agreed to be subjected hereto or covered by the granting clause hereof, or intended by the parties so to be. Borrower agrees to pay any recording fees, filing fees, note taxes, stamp taxes, intangible taxes or other charges arising out of or incident to the filing or recording of this Security Instrument, such further assurances and instruments and the issuance and delivery of the Project Note. 1.10 Compliance With Americans With Disabilities Act. Borrower covenants and agrees that it will comply with the requirements of the Americans with Disabilities Act, as the same may be amended from time to time, during the entire term of this Security Instrument and that it will comply with any requirements established by any federal, state or local governmental authorities having jurisdiction over such matters. All future maintenance, renovation, repair and construction conducted on the Premises shall all be completed in accordance with the Americans with Disabilities Act. 1.11 Payment of Operating Costs, Liens, and Other Indebtedness. Borrower agrees that it will pay all operating costs and expenses of the Premises; keep the Premises free from mechanics’ liens, materialmen’s liens, judgment liens and other liens, executions, attachments or levies