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affecting the Mortgaged Property unless the same is being diligently contested by Mortgagor in good faith and by proper proceedings. SECTION 1.6. RIGHT OF MORTGAGEE TO ENTER. Mortgagor will permit Mortgagee and its agents to enter, and to authorize others to enter, upon any or all of the Land, at any time and from time to time after reasonable prior notice (except in the case of an emergency, as determined by the Mortgagee in its reasonable discretion, in which case no notice shall be required), during normal business hours, to inspect the Mortgaged Property, to perform or observe any covenants, conditions or terms hereunder which Mortgagor shall fail to perform, meet or comply with, or for any other purpose in connection with the protection or preservation of Mortgagee’s security, without thereby becoming liable to Mortgagor or any person in possession under the Mortgage. SECTION 1.7. RIGHT OF THE MORTGAGEE TO PERFORM. If Mortgagor fails to pay all and singular any taxes, assessments, levies or other similar charges or encumbrances heretofore or hereafter assessed against the Mortgaged Property or fails to obtain the release of any lien or encumbrance (other than a Permitted Encumbrance) of any nature heretofore or hereafter arising upon the Mortgaged Property or fails to perform any other covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which adversely affects or questions the title to or possession of the Mortgaged Property or the interest of Mortgagor or Mortgagee therein, then the Mortgagee, at the Mortgagee’s option, without notice to Mortgagor, may perform such covenants and agreements, investigate and defend against such action or proceeding, and take such other action as the Mortgagee deems necessary to protect the Mortgagee’s interest. Any amounts disbursed by the Mortgagee pursuant to this Section 1.7, including without limitation court costs and expenses and reasonable attorneys’ fees, with interest thereon, shall become additional indebtedness of Mortgagor, shall accrue interest at 8% per annum and shall be secured by this Mortgage. SECTION 1.8. FURTHER ASSURANCES. At any time and from time to time, upon request, Mortgagor will make, execute and deliver or cause to be made, executed and delivered, any and all other further instruments, certificates and other documents as may, in the reasonable opinion of Mortgagee, be necessary or desirable in order to effectuate, complete or perfect, or to continue and preserve, the obligations of Mortgagor hereunder and under the Note and the mortgage and security interest granted by this Mortgage. SECTION 1.9. EXPENSES. Mortgagor will pay for all reasonable attorney’s fees, costs and expenses incurred by Mortgagee in any legal proceeding or dispute of any kind in which Mortgagee is made a part, or appears as party plaintiff or defendant, affecting the Indebtedness Secured Hereby, this Mortgage, the interest created herein or the Mortgaged Property, including but not limited to the exercise of the power of sale set forth in this Mortgage, any condemnation action involving the Mortgaged Property or any action to protect the security. SECTION 1.10. SUBORDINATION TO FUTURE INDEBTEDNESS. Mortgagee expressly agrees that its rights under the Mortgage shall be subordinate to the refinancing of any loan which is secured by a mortgage identified as a Permitted Encumbrance on Exhibit B attached hereto; provided, however, that the foregoing shall not apply in the case of a refinance