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200204303 CPetinn 1 1 Z If Mortgagor shall fail to observe, comply with, or perform any of the terms, covenants and conditions herein with respect to the procuring and delivery of insurance, the payment of Impositions or Liens, the keeping of the Mortgaged Property in repair, the furnishing of financial statements, parochial reports, annual reports including the treasurer's reports and committee reports, the removal and/or disposal of Hazardous Substances, or any other term, covenant or condition herein or in the Note contained, Mortgagee may itself observe, comply with or perform the same, may make such advances to observe, comply with or perform the same as Mortgagee shall deem appropriate, and may enter the Mortgaged Property for the purpose of observing, complying with and performing any such term, covenant or condition. Mortgagee may expend such sums, including attorneys' fees (prior to trial, at trial and on appeal), to sustain the lien of this Mortgage or its priority, or to protect or enforce its rights hereunder, or to obtain the right to enforce its right and remedies hereunder, including the payment of any Liens, claims and encumbrances, other than Permitted Encumbrances which are not in default, as it may deem desirable. Mortgagor agrees to repay all sums so advanced or expended upon demand, with interest thereon from the date of advancement or expenditure, and all sums so advanced or expended, with interest, shall be secured hereby, but no such advance or expenditure shall be deemed to relieve Mortgagor from any default hereunder. Mortgagee shall not be bound to inquire into the validity of any Imposition or Lien which Mortgagor has not given notice to Mortgagee of its intention to contest in accordance with the terms hereof. All sums paid by Mortgagee for the purposes herein authorized, or authorized by any Loan Document shall be considered additional advances made under the Note and pursuant to this Instrument and shall be secured by this Instrument with the proviso that the aggregate amount of the indebtedness secured hereby together with all such additional sums advanced shall not exceed two hundred (200 %) percent of the amount of the original indebtedness secured hereby. Article II RPetinn 1 1 Condemnation In case of a taking as a result of or in lieu of or in anticipation of the exercise of the right of condemnation of eminent domain, of all or any part of the Mortgaged Property, or the commencement of any proceedings or negotiations which might result in such a taking, the Mortgagor shall promptly give the Mortgagee written notice thereof. Should any of the Mortgaged Premises be taken by exercise of the power of eminent domain, or sold by private sale in lieu thereof, Mortgagor hereby irrevocably assigns, sets over and transfers to Mortgagee any award, payment or other consideration for the property so taken or sold, and the same shall be applied, at the option of the Mortgagee, first to the payment of costs and expenses and then either to the reduction of the indebtedness due hereunder or to the restoration of the property. 10