Expenses, Fees and Interest. Borrower shall pay all of Lender’s reasonable out-of-pocket costs and expenses incurred in connection with the Disbursements to Borrower, including, without limitation, the Control Accounts, Administrator’s fees, Inspector’s fees, actual out-of-pocket attorneys’ fees, actual out-of-pocket costs and expenses to inspect any new or renovated Improvements, any recording and filing charges and any title insurance company charges. Notwithstanding any other provision of this Agreement, upon ten (10) days prior notice to, but without authorization from, Borrower, Lender may elect to use the Funds to pay when due any fees owed by Borrower to Lender, the Administrator or the Inspector under this Agreement or any other Loan Document, interest on the Loan, reasonable legal fees and costs of Lender’s or Lender’s attorneys which are payable by Borrower, and such other sums as may be payable from time to time by Borrower to Lender or the Administrator under the Loan Documents if such payment is not made by Borrower within such ten (10)-day period. Such payments, at the option of Lender, may be made by debiting or charging the Funds in the amount of such payments without first disbursing such amount to Borrower and shall be deemed to be a Disbursement to Borrower.
Expenses, Fees and Interest. Notwithstanding any other provision of this Agreement, Lender may elect to use Funds to pay when due any Loan Fee payable to Lender pursuant to this Agreement, interest on the Loan, expenses of Lender which are Borrower's responsibility under this Agreement, and such other sums as may be payable from time to time by Borrower to Lender with respect to the Loan. Such payments at the option of Lender may be made by debiting or charging the Funds in the amount of such payments without first disbursing such amounts to Borrower. In addition, Borrower hereby authorizes Lender, at its option, to make such other payments as Lender deems necessary or desirable to maintain the validity and priority of the Deed of Trust, including the following, unless Borrower makes the payment within ten (10) days after written notice from Lender:
Expenses, Fees and Interest. Notwithstanding any other provision of this Schedule 4.3 or the Credit Agreement, the Project Administrative Agent may elect (after having provided notice to the Borrower) to use Funds to pay when due expenses of the Project Administrative Agent, the Administrative Agent or the Lenders which are the Borrower's responsibility under the Credit Agreement or any of the other Credit Documents, and such other sums as may be payable from time to time by the Borrower to the Project Administrative Agent, the Administrative Agent or the Lenders with respect to the Revolving Loans. Such payments at the option of the Project Administrative Agent may be made by debiting or charging the Funds in the amount of such payments without first disbursing such amounts to Borrower. In addition, the Borrower hereby authorizes the Administrative Agent, at its option, to make such other payments as the Administrative Agent deems necessary or desirable to maintain the validity and priority of the Mortgage Instrument, including the following, unless the Borrower makes the payment within ten (10) days after written notice from Administrative Agent: (i) pay delinquent assessments and taxes on the Project; (ii) pay title insurance premiums, recording fees, and hazard, liability and flood insurance premiums; (iii) pay contractor's liens or claims of liens against the Project, subject to any right the Borrower may have to contest such liens pursuant to the terms of the Mortgage Instrument or the other Credit Documents, and (iv) pay judgments affecting the Project, subject to any right the Borrower may have to contest such judgment's pursuant to the terms of the Mortgage Instrument or the other Credit Documents.
