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201906785
<br />contracts, leases, and other instruments shall be subject to examination and inspection at any reasonable
<br />time by Lender.
<br />(b) At such times as Lender may request and as required by the Credit Agreement,
<br />Grantor shall deliver or cause to be delivered to Lender then current financial statements of Grantor and
<br />any other party liable on all or any portion of the Indebtedness, in form and substance satisfactory to
<br />Lender and certified as true and correct by the party submitting such statement. If requested by Lender,
<br />Grantor shall provide copies of income tax returns, franchise tax returns, and other tax reports or returns
<br />required to be filed by Grantor with any governmental authority having jurisdiction over Grantor or the
<br />Property.
<br />(c) If requested by Lender, within twenty (20) days following the end of each
<br />calendar quarter, Grantor shall furnish monthly rent rolls and operating statements concerning the Property
<br />for the previous three calendar months.
<br />6.7 PROTECTION OF LENDER'S SECURITY.
<br />(a) If Grantor fails to perform the covenants and agreements contained in this
<br />Instrument, or if any action or proceeding is commenced which affects the Property or title thereto or the
<br />interest of Lender therein, including without limitation eminent domain, insolvency, code enforcement, or
<br />arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option, may make
<br />such appearances, disburse such sums and take such action as Lender deems necessary, in its sole
<br />discretion, to protect Lender's interest, including without limitation, (i) the prosecution or defense of
<br />litigation, (ii) the compromise or discharge of claims made against such interest, (iii) disbursement of
<br />attorney's fees, (iv) entry upon the Property to make repairs, and (v) procurement of satisfactory insurance
<br />and payment of taxes and assessments.
<br />(b) Any amounts disbursed by Lender pursuant to this Section, with interest thereon,
<br />shall become additional indebtedness of Grantor secured by this Instrument. Such amounts shall be
<br />immediately due and payable and shall bear interest from the date of disbursement at the rate stated in the
<br />Credit Agreement unless collection from Grantor of interest at such rate would be contrary to applicable
<br />law, in which event such amounts shall bear interest at the highest non -usurious rate which may be
<br />collected from Grantor under applicable law. Grantor covenants and agrees that Lender shall be subrogated
<br />to the lien of any mortgage or other lien discharged, in whole or in part, by the Indebtedness. Nothing
<br />contained in this Section shall require Lender to incur any expense or take any action under this
<br />Instrument.
<br />6.8 FURTHER ASSURANCES. Grantor, upon the request of Lender, shall execute,
<br />acknowledge, deliver, and record such further instruments and do such further acts as may be necessary,
<br />desirable or proper to carry out the purposes of this Instrument or the other Loan Documents and to
<br />subject to the liens and security interests created by this Instrument or the other Loan Documents any
<br />property intended to be covered by this Instrument and the other Loan Documents pursuant to their terms,
<br />including without limitation any renewals, additions, substitutions, replacements, improvements, or
<br />appurtenances to the Property.
<br />6.9 RECORDING AND FILING. Grantor shall cause this Instrument and the other
<br />recordable Loan Documents and all amendments, supplements, extensions, and substitutions thereof to be
<br />recorded, filed, re-recorded, and refiled in such manner and in such places as Lender shall reasonably
<br />request. Grantor shall pay all such recording, filing, re-recording, and refiling fees, title insurance
<br />premiums, and other charges.
<br />6.10 HOLD HARMLESS. EXCEPT FOR LENDER'S OR ITS OFFICERS', DIRECTORS',
<br />AGENTS', EMPLOYEES' OR REPRESENTATIVES' GROSS NEGLIGENCE OR WILLFUL
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