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15. Protection of Mortgagee's Security. Subject to the rights of Mortgagor under paragraph 8 hereof, if Mortgagor <br />fail to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which <br />affects the Mortgaged Property or the interest of Mortgagee therein, or the title thereto, then Mortgagee, at Mortgagee's option, <br />may perform such covenants and agreements, defend against and/or investigate such action or proceeding, and take such other <br />action as Mortgagee deems necessary to protect Mortgagee's interest. Mortgagee shall be the sole judge of the legality, validity and <br />priority of any claim, lien, encumbrance, tax, assessment, charge and premium paid by it and of the amount necessary to be paid in <br />satisfaction thereof. Mortgagee is hereby given the irrevocable power of attorney (which power is coupled with an interest and is <br />irrevocable) to enter upon the Mortgaged Property as Mortgagor's agents in Mortgagor's names to perform any and all covenants <br />and agreements to be performed by Mortgagor as herein provided. Any amounts or expenses disbursed or incurred by Mortgagee <br />pursuant to this paragraph 15 with interest thereon, shall become additional Indebtedness of Mortgagor secured by this Mortgage. <br />Unless Mortgagor and Mortgagee agree in writing to other terms of repayment, such amounts shall be immediately due and payable, <br />and shall bear interest from the date of disbursement at the annual rate stated in the Note which the Mortgage secures, unless <br />collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear <br />interest at the highest rate which may be collected from Mortgagor under applicable law. Mortgagee shall, at its option, be <br />subrogated to the lien of any mortgage or other lien discharged in whole or in part by Mortgagee under the provisions hereof, and <br />any such subrogation rights shall be additional and cumulative security for this Mortgage. Nothing contained in this paragraph 15 <br />shall require Mortgagee to incur any expense or do any act hereunder and Mortgagee shall not be liable to Mortgagor for any <br />damages or claims arising out of action taken by Mortgagee pursuant to this paragraph 15. <br />16. No Secondary Financine. Mortgagor shall not create or permit to be created or to remain (with the exception <br />of the Prior Permitted Encumbrances), any subordinate lien on the Mortgaged Property or any part thereof to secure any <br />Indebtedness for borrowed money, without obtaining the prior written consent of Mortgagee, which consent shall not be <br />unreasonably withheld. <br />17. Annual Statements. Books and Records. Within ninety (90) days of Mortgagor's fiscal year end, of each year <br />during the term of the Note, and at such other times as Mortgagee shall reasonably request, Mortgagor shall furnish Mortgagee <br />with financial statements prepared on a compilation basis for the previous year and a copy of Mortgagor's previous years' tax <br />returns. Mortgagor shall also furnish to Mortgagee, within ninety (90) days of Mortgagor's fiscal year end, of each year during the <br />term of the note, financial and operating statements of the Mortgage Property for the fiscal year including a balance sheet and a <br />profit and loss statement and rent roll, all in reasonable detail and conforming to generally accepted accounting principles, which <br />when required by Mortgagee, shall be prepared and certified to by a certified public accountant and Mortgagor, or other person <br />acceptable to Mortgagee. <br />All required fmancial statements shall be prepared at the expense of Mortgagor. <br />In the event Mortgagor fails to furnish any such statements Mortgagee may cause an audit to be made of the respective <br />books and records by a certified public accountant at the sole cost and expense of Mortgagor. Mortgagee also shall have the right <br />to examine at their place of safekeeping at reasonable times all books, accounts and records relating to the operation of Mortgagor <br />and the Mortgaged Property. Mortgagee shall be entitled to all audited reports or statements furnished to or undertaken by covering <br />Mortgagor and the Mortgaged Property. <br />18. Chanee in Tax Laws. Mortgagor will pay all taxes, assessments and other similar charges, other than <br />Mortgagee's income tax, which may be assessed upon the Mortgaged Property, or upon Mortgagee's interest therein, or upon this <br />Mortgage or the monies secured hereby without regard to any law heretofore enacted or hereafter to be enacted, imposing payment <br />of the whole or any part thereof upon Mortgagee. Upon violation of this undertaking or the passage of a law imposing payment of <br />the whole or any portion of any of the taxes aforesaid upon Mortgagee, or upon the rendering by any court of competent Jurisdiction <br />of a decision that the undertaking by Mortgagor as herein provided to pay taxes, assessments or other similar charges is legally <br />inoperative, then and in any such event the Indebtedness, without any deduction, shall at the option of Mortgagee become <br />immediately due and payable, notwithstanding anything contained in this Mortgage or any law hereafter enacted. <br />19. Miscellaneous Riehts of Mortgagee. Mortgagee may at any time and from time to time, without notice, release <br />any person liable for payment of any of the Indebtedness, extend the time or alter the terms of payment of any of the Indebtedness, <br />accept additional security of any kind, release any property securing the Indebtedness, consent to the making of any plat or map of <br />the Land or the creation of any easement thereon or any covenants restricting use or occupancy thereof, or alter or amend the terms <br />of this Mortgage in any way. No such release, modification, addition, or change shall affect the liability of any person other than <br />the person so released for payment of the Indebtedness, nor affect the priority and lien priority status of this Mortgage upon any <br />property not so released. <br />20. Costs of Administration. If Mortgagor shall request any consent, agreement, modification, release or <br />6 <br />