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201906785 MISCONDUCT, GRANTOR SHALL DEFEND, AT GRANTOR'S OWN COST AND EXPENSE, AND HOLD LENDER HARMLESS FROM, ANY PROCEEDING OR CLAIM IN ANY WAY RELATING TO THE PROPERTY OR THE LOAN DOCUMENTS. ALL COSTS AND EXPENSES INCURRED BY LENDER IN PROTECTING ITS INTERESTS UNDER THIS INSTRUMENT, INCLUDING ALL COURT COSTS AND REASONABLE ATTORNEYS' FEES AND EXPENSES, SHALL BE BORNE BY GRANTOR. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE PAYMENT IN FULL OF THE INDEBTEDNESS AND THE RELEASE OF THIS INSTRUMENT AS TO EVENTS OCCURRING AND CAUSES OF ACTION ARISING BEFORE SUCH PAYMENT AND RELEASE. 6.11 TRADE NAMES. At the request of Lender, Grantor shall execute a certificate in form satisfactory to Lender listing the trade names under which Grantor intends to operate the Property or any part thereof and representing and warranting that Grantor does business under no other trade name with respect to the Property. Grantor shall immediately notify Lender in writing of any change in any trade name, and shall, upon request of Lender, execute any additional financing statements and other certificates required to reflect the change in trade names and shall execute and file any assumed name certificate required by applicable laws. 6.12 PAYMENT OF DEBTS; LIENS. Grantor shall promptly pay when due all obligations regarding the ownership and operation of the Property, except any such obligations which are being diligently contested in good faith by appropriate proceedings and as to which Grantor shall have furnished to Lender security satisfactory to Lender if requested by Lender. Grantor shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Grantor shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without Lender's prior written permission, Grantor shall not allow any lien inferior to this Instrument to be perfected against the Property, except liens being contested in good faith for which Grantor shall have furnished to Lender adequate security if requested by Lender. 6.13 MODIFICATION BY SUBSEQUENT OWNERS. Grantor agrees that Grantor shall be bound by any modification of this Instrument or any of the other Loan Documents made by Lender and any subsequent owner of the Property, with or without notice to Grantor, and no such modifications shall impair the obligations of Grantor under this Instrument or any other Loan Document. Nothing in this Section shall be construed as permitting any transfer of the Property which would constitute an Event of Default under other provisions of this Instrument. 6.14 NO PLEDGE OR CHANGE OF STOCK, PARTNERSHIP, OR MEMBER INTEREST. If Grantor is a corporation, the shareholders of Grantor shall not sell, pledge, encumber, or assign any shares of the stock of Grantor without Lender's prior written consent. If Grantor is a partnership or joint venture, the partners or joint venturers of Grantor shall not sell, pledge, encumber, or assign any of their partnership or joint venture interest in Grantor, and no general partner or joint venturer shall withdraw from or be admitted into Grantor without Lender's prior written consent. If Grantor is a limited liability company, the members of Grantor shall not sell, pledge, encumber, or assign any of their membership interest in Grantor, and no member shall withdraw from or be admitted into Grantor without Lender's prior written consent. 6.15 APPRAISAL. Lender may at its option an appraisal of the Property or any part thereof in accordance with Section 8.18 of the Credit Agreement. 6.16 CERTAIN COVENANTS AND AGREEMENTS OF GRANTOR. Grantor waives the taking of any action by Lender, including without limitation giving any notice of default or any other notice to, or making any demand on, Grantor, subject to Grantor's legal rights to receive notice prior to foreclosure and any other notice expressly required by this Instrument or applicable law. Grantor agrees 2932707_3 16