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cQ —J Ifil ri4Z) I` forever warrant and defend the Collateral against all claims and demands whatsoever. The liens of those Permitted Exceptions which constitute first mortgage liens (the "Senior Liens ") are hereby declared to be senior to the lien of this Mortgage and to that extent this Mortgage shall be a second mortgage. I. C O V E N A N T S A N D A G R E E M E N T S O F M O R T G A G O R Further to secure the full, timely and proper payment and performance of the Liabilities, the Mortgagor hereby covenants and agrees with, and warrants to, the Trustee, the Agent and the Lenders as follows: 1.1. Payment of Liabilities. The Borrower agrees that it will pay, timely and in the manner required in the appropriate documents or instruments, the principal of and interest on the Notes, the Surco Note, the Guaranteed Obligations (Banks), the Guaranteed Obligations, and all other Liabilities (including fees and charges). 1.2. Payment of Taxes. The Mortgagor will pay, before delinquent, all taxes nassessments, general or special, and any and all levies, claims, charges, expenses and liens, ordinary or extraordinary, governmental or non - governmental, statutory or otherwise, due or to become due, that may be levied, assessed, made, imposed or charged on or against the Collateral or any property used in connection therewith, and will pay before delinquent any tax or other charge on the interest or estate in lands created or represented by this Mortgage or by any of the other Security Documents, whether levied against the Mortgagor or the Trustees, the Agent, the Lenders or otherwise, and will submit to the Agent upon request all receipts showing payment of all of such taxes, assessments and charges. If the general real estate taxes for any year have not been assessed against the Premises and placed in collection by November 1 of the following year, the Mortgagor will, upon request of the Agent, deposit with the Agent an amount equal to the actual general real estate taxes on the Premises for such year or to 110% of the taxes and charges levied or assessed against the Premises for the preceding year; provided however, to the extent taxes are escrowed by a holder of a Senior Loan, Mortgagor shall be relieved of the requirements of this sentence. Deposits with the Agent hereunder shall be held as security for the Liabilities but will, in the absence of a Default that is continuing, be released, upon the Mortgagor's request, directly to the payment of such taxes. -Z1- u a- I