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1 85-001169 suant to the Agreement and is occupied and operated by c n �Party pursuant to a certain Management Agreement dated tj , it is understood and agreed that, in the event of any „ 1 inconsistency between such Management Agreement and the Mortgage, the Management Agreement shall govern. No action taken by Second Party shall be imputed to First Party and nothing shall be deemed a breach by First Party of this Mortgage, or any covenant, repre- sentation or warranty made by it herein, if the event claimed to constitute a breach arises from any action or failure to act by Second Party as required by the Management Agreement, any breach by it of the Management Agreement, or its occupation or operation of the Mortgaged Property thereunder. It is expressly provided and agreed by First Party that in the event any one or more of the following events, each of which shall be and is hereby defined as an "Event of Default," shall occur, to wit: (a) If default shall be made in a payment required by the Agreement secured hereby, as and when the same shall become due and payable; or (b) If default shall be made by First Party in the due performance or observance of any covenant, agreement, or condi- tion herein contained or required to be performed or observed by First Party, or in any Lease; (c) If any warranty of First Party contained herein shall prove to be in any material respect incorrect or if there shall be any other breach of any such warranty; or (d) If the Mortgaged Property, or any interest of First Party therein, is sold, transferred, assignee: or in any manner conveyed without the written consent of Second Party; THEN, AND IN EACH AND EVERY SUCH EVENT: (1) All amounts due under the Agreement and the accrued in- terest thereon, shall, at the option of Second Party become and be due and payable immediately by First Party, anything in said Agreement or in this Mortgage and Security Agreement to the con- trary notwithstanding. In the event any such amounts are not then due under the Agreement, any payments by First Party here- under or proceeds from collection on collateral shall be held by Second Party as in the case of insurance proceeds under (7)(b) above. (2) Second Party may invoke any remedies permitted by applicable law, including foreclosure of this Mortgage and Security Agreement. Second Party shall be entitled to collect all reasonably costs and expenses incurred in aursuing the reme- dies provided herein including, but not limited to, reasonable attorney's fees. -s- in 3