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--17- occupied by the Mortgagor shall bear to the total rentable space of said Property. This covenant shall be effective irrespective of whatever foreclosure proceeding shall have been instituted and irrespective of any application for or appointment of a receiver. At any foreclosure sale, any combination, or all, of the Property or security given to secure the Secured Debt, may be offered for sale for one total price, and the proceeds of such sale accounted for in one account without distinction between the items of security or without assigning them any proportion of such proceeds, the Mortgagor hereby waiving the application of any doctrine of marshalling; and, in case the Mortgagee in the exercise of any sale or power of sale, as the case may be, herein given, elects to sell in parts or parcels, said sales may be held from time to time, and the sale or power, as the case may be, shall not be fully executed until all of the property or security not previously sold shall have been sold. S4. Expenses. If any action or proceeding be commenced (except an action to foreclose this Mortgage or to collect the debt secured hereby), to which action or proceeding the Mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this Mortgage, then all sums (and interest thereon) paid by the Mortgagee for the expenses of any litigation to prosecute or defend the rights and lien created by this Mortgage (including reasonable counsel fees), shall be paid by the Mortgagor,_ and any such sum thereon shall be a lien on the Property, prior to any right or title to, interest in or claim upon said Property attaching or accruing subsequent to the lien of this Mortgage, and shall be deemed to be secured by this Mortgage. In any action or proceeding to foreclose this Mortgage, or to recover or collect the Secured Debt secured hereby, the provisions of law respecting the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant. 55. Tax on Secured Debt or Lease. In the event that hereafter it is claimed by any governmental agency that any tax or other governmental charge or Imposition is due, unpaid and payable by the Mortgagor or the Mortgagee upon the Secured Debt hereby secured (other than a tax on the interest receivable by the Mortgagee thereunder) or upon the Lease, the Mortgagor will forthwith either (a) pay such tax and within a reasonable time thereafter deliver to the Mortgagee satisfactory proof of payment thereof or (b) deposit with the Mortgagee the amount of such claimed tax, together with interest and penalties thereon, pending an