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(b) If any law, statute, rule, regulation, order or court decree effects a
<br />deduction from the value of the Mortgaged Property for the purpose of taxation by
<br />creating any lien thereon, or imposing upon the Lender any liability for the payment of all
<br />or any part of the Taxes required to be paid by the Borrower, or changing in any way the
<br />laws relating to the taxation of mortgages or deeds of trusts or debts secured by
<br />mortgages or deeds of trust or the interest of the Lender in the Mortgaged Property, or the
<br />manner of collection of Taxes so as to adversely affect this Mortgage, the Debt, or the
<br />Lender, then, and in any such event, the Borrower, upon demand by the Lender, shall pay
<br />such Taxes, or reimburse the Lender therefor on demand, unless the Lender determines,
<br />in the Lender's reasonable judgment, that such payment or reimbursement by the
<br />Borrower is unlawful or that the payment might, in the Lender's reasonable judgment,
<br />constitute usury or render the Debt wholly or partially usurious; in which event the
<br />Lender may, so long as Lender treats Borrower consistently to similarly situated
<br />borrowers, elect to declare the Debt to be due and payable within the lesser of (i) sixty
<br />(60) days after written notice, or (ii) such shorter period as may be required to ensure
<br />compliance by Lender with applicable law.
<br />(c) Nothing contained herein shall require the Borrower to pay any income,
<br />franchise or excise tax imposed upon the Lender, excepting only such income, franchise
<br />or excise tax which may be levied against the income of the Lender as a complete or
<br />partial substitute for Taxes required to be paid by the Borrower hereunder.
<br />6. Insurance Coverage. For so long as this Mortgage is in effect, Borrower shall
<br />continuously maintain insurance in accordance with the provisions of the Loan Agreement.
<br />7. The Lender's Performance of the Borrower's Obligations.
<br />(a) Upon the occurrence of an Event of Default hereunder, the Lender may,
<br />but without any obligation to do so, upon simultaneous notice to the Borrower, make any
<br />payment or perform any act which the Borrower is required to make or perform
<br />hereunder or under any other Loan Document (whether or not the Borrower is personally
<br />liable therefor) in any form and lawful manner deemed expedient to the Lender, including
<br />without limitation, the right to enter into possession of the Mortgaged Property, or any
<br />portion thereof, and to take any action (including without limitation the release of any
<br />information regarding the Mortgaged Property, the Borrower and the obligations secured
<br />hereby) which the Lender deems necessary or desirable in connection therewith, all at the
<br />sole cost and expense of the Borrower. The Lender, in addition to any rights or powers
<br />granted or conferred hereunder but without any obligation to do so, may complete
<br />construction of, rent, operate, and manage the Mortgaged Property, or any part thereof,
<br />including payment of management fees and other operating costs and expenses, of every
<br />kind and nature in connection therewith, so that the Mortgaged Property shall be
<br />operational and usable for their intended purposes. All monies paid, and all reasonable
<br />expenses paid or incurred in connection therewith, including but not limited to reasonable
<br />costs of surveys, evidence of title, court costs and attorneys' fees and expenses and other
<br />monies advanced by the Lender to protect the Mortgaged Property and the lien hereof, to
<br />complete construction of, rent, operate and manage the Mortgaged Property or to pay any
<br />such operating costs and expenses thereof or to keep the Mortgaged Property operational
<br />51668048.5
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<br />201508663
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