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for the commencement or defense of any such suit or proceeding; in each case including, without limitation, filing fees, appraisers' fees, outlays for documents and expert evidence, witness fees, stenographer's charges, publication costs, and costs (which may be estimated as to items to be expended after entry of judgment) of procuring all such abstracts of title, title charges and examinations, foreclosure minutes, title insurance policies, Ton-ens certificates (if applicable), appraisals, and similar data and assurances with respect to title and value as Grantee and/or any Lender may deem reasonably necessary either to prosecute or defend such suit or, in case of foreclosure, to evidence to bidders at any sale which may be had pursuant to the foreclosure judgment the true condition of the title to or the value of the Property; (6) Grantee's reasonable fees and costs arising between the entry of judgment of foreclosure and the confirmation hearing; (7) Payment by Grantee of any Impositions as may be permitted by this Security Instrument; (8) Grantee's Advances of any amount required to make up a deficiency in deposits for installments of Impositions as may be permitted by this Security Instrument; NAM 502659666v3 (9) Expenses deductible from proceeds of sale; and (10) Expenses incurred and expenditures made by Grantee for any one or more of the following: (a) premiums upon casualty and liability insurance made by Grantee whether or not Grantee or a receiver is in possession, if reasonably required without regard to the limitation to maintaining insurance in effect at the time any receiver or Grantee takes possession of the Property; (b) expenditures to the extent reasonably necessary to keep the Premises and Improvements operational and usable for their intended purposes in excess of available insurance proceeds or condemnation awards; (c) payments required or reasonably deemed by Grantee to be for the benefit of the Property or required to be made by the owner of the Property under any grant or declaration of easement, easement agreement, agreement with any adjoining land owners or instruments creating covenants or restrictions for the benefit of or affecting the Property; (d) operating deficits incurred by Grantee or reimbursed by Grantee to any receiver; and (e) all amounts paid to any public authority for the use or occupancy of any street, alley, or public way. All Protective Advances shall constitute Secured Indebtedness, whether or not they exceed the amount of the Loans, and shall become immediately due and payable without notice and with interest thereon until paid at the Default Rate. This Security Instrument shall be a lien for all Protective Advances as to subsequent purchasers and judgment creditors from the time this Security Instrument is recorded. 4.05 Right of Possession. In any case in which Grantee has a right to institute foreclosure proceedings (whether or not the entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of foreclosure proceedings or whether before or after judgment thereunder and at all times until the confirmation of sale) and upon Grantee's request to the court, Grantor shall, immediately upon Grantee's demand, surrender to Grantee, and Grantee shall be entitled to take actual possession of the Property or any part -15- 201793609