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2� 15�8�58 under, grawing out of or in any mann�r c�nne�t�d with or affecting any�f the Leases or �h� obligations, duti�s �r liabili�ies of the Borrnwer or any Lessee thereunder, a.n.d to pay all costs and expenses af the Lender, includ�ng attarneys' fees (prior ta trial, at trial and on appeal�, in connection with any such disputie, a�t�on or proceeding in which the Lender may appear or w�th respect ta which it may o�herwise in�ur costs or expenses, whether ar not the Lender prevails therein. 3. Lender's Ri ht to Perform. Sh�uld the Borro�ver fail to make any payment �r to d� any act as herein pro�ided, then the Lender may, but vvithout abl�gati�n to da so, with�ut notice ar demand �o or upon the Borrower, and without r�leas�ng the B�rrovver fr�m any abli�ation hereof, make or do the same in such mar�r�er and to such ex�ent as the Lender may deem necessary or desirable to protect the security hereof, includ�ng specifically, without limiting its general powers, appearing in and defending any action or proceeding purporting tio affect the security hereof or the rights or powers of the Lender, and obser�ing, perfarming and dischar�ing a11 or any of the obliga�ions, covenants and agreements �f the B�rro�ver in the Leases contained. In exercising any such pavvers, the Lender may pay its costs and expenses, employ Gounsel and incur and pay attarr��ys' fees �pr�or to tr�a�, at trial and on appeal}. 4. Borrower to Reimburse L�nder. The Borrow�r agrees to reimburse the Lender, upon demand, f�r ali surns expended by the Lend�r under the au�hor�ty hereof, t�gether with interes�thereon at�he I�efault Rate specifi�d in the Not� from the date expended, and �he same shall be added to the indebtedness e�idenced by �he Note and sha11 be secured hereby and by the Mortgage. 5. Non-Mer�er of Leases. Each Lease shall remain in fu11 force and effect despite a.riy merger of the interest of the Borrovver and any L�ssee thereunder; the Borrower shall not transfer fee title to the Mortgaged Prem�ses to any Lessee, withou� the prior written consent of th� Lender; and na such transfer shal� re�ieve the Borrower of any liabi�ity to the Lender, unl�ss the Lender specif�cally agr�es otherwise in v�riting. 6. S�curit De osits. In the Event �f Defau�t, th� Borrower, after any notic� requirements or cure period provid�d in the Loan Docum�nts or mandated by law, if such default remains un�ured, shall deli�er or caus� t� be d�Iivered t� �he Lender, promptly upon request �y the Lender, all security deposits heid by the Borrower pursuant ta the terms �f the Leases, whi�h the Lend�r shali thereafter ho�d and disburse in accordance with the terms of the Leases. Until any such request by the Lender, a11 secur�ty deposits shall be deemed to be held by Borrawer�n trust for the Lender. B. The Borrower hereby co�enants, represents and warrants to the Lender tha�: 3