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99 �0685 � (a) by mandamus or other suit,action or proceeding at law or in equity,including injunctive relief, require the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the Issuer or the Trustee hereunder; (b) have access to and inspect,examine and make copies of all of the books and records of the Borrower pertaining to the Project; and (c) take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Borrower hereunder,provided that any claim for damages, indemnification or any other monetary obligation shall be subordinate to the Mortgage Loan and the other Mortgage Loan Documents, and provided further that the Authorized Trustee shall not seek to enforce any monetary claim against the Borrower if such action would cause the Borrower to file a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Borrower under any applicable liquidation,insolvency,bankruptcy,rehabilitation,composition,reorganization, conservation or other similar law now or hereafter in effect. The Trustee shall have the right,in accordance with this Section 16 and the provisions of the Indenture,without the consent,approval or knowledge of the Issuer,to exercise any or all of the rights or remedies of the Issuer hereunder,provided that prior to taking any such act the Trustee shall give the Issuer written notice of its intended action. All fees, costs and expenses of the Issuer and the Trustee incurred in taking any action pursuant to this Section 16 shall be the sole responsibility of the Borrower. The Trustee shall promptly give written notice of an Event of Default to all Bondholders. In the event the Borrower shall fail to submit to the Issuer and the Trustee the Income Certifications, the Monthly Tenant Reports, the Certificates of Continuing Program Compliance (Bonds) or the Certificates of Program Compliance (LIHTC) at the times set forth in Section 4 hereof and the Issuer or the Trustee shall determine to inspect the books and records of the Borrower to determine whether the Borrower is in compliance with the terms of this Regulatory Agreement, the Borrower shall, upon demand by the Issuer or the Trustee, pay all expenses and costs of the Issuer and the Trustee in determining whether or not the Borrower is in compliance with the terms of this Regulatory Agreement. Upon determining that a violation of this Regulatory Agreement has occurred, the Issuer shall,by notice in writing to the Trustee,inform the Trustee that such violation has occurred, the nature of the violation and that(i)the violation has been cured by the Borrower,(ii)the violation has not been cured by the Borrower, but the Borrower has agreed to cure the same within 30 days, or(iii)the Borrower has notified the Issuer and the Trustee that such violation is incurable. Neither the Issuer nor the Trustee shall be under any obligation to cure a violation under this Regulatory Agreement. 28