Common use of Mortgagee’s Performance of Mortgagor’s Obligations Clause in Contracts

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence of an Event of Default and during the continuance thereof, Mortgagee, either before or after acceleration of the Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) make any payment or perform any act herein, in the Notes or any other Loan Document which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) in any form and manner deemed expedient to Mortgagee; (b) make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance and purchase, discharge, compromise or settle any tax lien or other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; and (c) complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ fees, shall constitute Secured Indebtedness, and shall become due and payable upon demand and with interest thereon at the rate set forth under Section 1.3(c) of the Credit Agreement. Mortgagee, in making any payment hereby authorized: (x) for the payment of Impositions, may do so according to any xxxx or statement, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (y) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (z) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost and expenses thereof, may do so in such amounts and to such persons as Mortgagee may deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence of an Event of Default and during the continuance thereof, Mortgagee, either before or after acceleration of the Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) make any payment or perform any act herein, in the Notes or any other Loan Note Document which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) in any form and manner deemed expedient to Mortgagee; (b) make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance and purchase, discharge, compromise or settle any tax lien or other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; and (c) complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ fees, shall constitute Secured Indebtedness, and shall become due and payable upon demand and with interest thereon at the rate set forth under Section 1.3(c) of the Credit AgreementDefault Rate. Mortgagee, in making any payment hereby authorized: (x) for the payment of Impositions, may do so according to any xxxx or statement, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (y) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (z) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost and expenses thereof, may do so in such amounts and to such persons as Mortgagee may reasonably deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence In case of an Event of Default and during the continuance thereofDefault, Mortgagee, Mortgagee either before or after acceleration of the Indebtedness Hereby Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) to, make any payment or perform any act herein, in the Notes or any other Loan Document which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) herein in any form and manner deemed expedient to Mortgagee; (b) . Mortgagee may, but shall not be required to, make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance superior encumbrances, if any, and pay, purchase, discharge, compromise or settle any tax lien or other prior lien on or title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premisesforfeiture, or contest any Impositions; tax or assessment, and (c) may, but shall not be required to, complete construction, furnishing and equipping of the Improvements improvements upon the Premises and rent, operate and manage the Premises and such Improvements the Personal Property and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposesusable. All The amount of all monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ feesfees and monies advanced to protect the Premises and the lien hereof, shall constitute Secured Indebtednessbe additional Indebtedness Hereby Secured, whether or not they exceed the amount of the Loans, and shall become immediately due and payable upon demand without notice, and with interest thereon at the rate set forth under specified in Section 1.3(c) 2.06 of the Credit AgreementLoan Agreement (herein called the “Default Rate”). Inaction of Mortgagee shall never be considered as a waiver of any right accruing to it on account of any default on the part of Mortgagor. Mortgagee, in making any payment hereby authorized: (xa) for the payment of Impositionsrelating to taxes and assessments, may do so according to any xxxx xxxx, statement or statementestimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (yb) for the purchase, discharge, compromise or settlement of any other prior superior lien, may do so without inquiry as to the validity or amount of any claim or for lien which may be asserted; or (zc) for in connection with the completion of construction, furnishing or equipping of the Improvements or the Premises or Premises, the rental, operation or management of the Premises or the payment of operating cost costs and expenses thereof, thereof may do so in such amounts and to such persons as Mortgagee may deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence of an Event of Default and during the continuance thereof, Mortgagee, either before or after acceleration of the Secured Indebtedness Obligations or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) make any payment or perform any act herein, in the Notes Credit Agreement or any other Loan Document which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) in any form and manner deemed expedient to Mortgagee; (b) make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance and purchase, discharge, compromise or settle any tax lien or other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; and (c) complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses reasonably paid or incurred in connection therewith, including reasonable attorneys’ fees, shall constitute Secured IndebtednessObligations, and shall become due and payable upon demand and with interest thereon at the rate set forth under Section 1.3(c) of the Credit AgreementDefault Rate. Mortgagee, in making any payment hereby authorized: (x) for the payment of Impositions, may do so according to any xxxx or statement, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (y) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (z) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost and expenses thereof, may do so in such amounts and to such persons as Mortgagee may reasonably deem appropriate and may enter into such contracts therefor as Mortgagee may deem reasonably appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence and during the continuance of an Event of Default and during the continuance thereofDefault, Mortgagee, either before or after acceleration of the Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) to, make any payment or perform any act herein, in the Notes Notes, any of the Loan Documents or any other Loan Document document or instrument related thereto which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) in any form and manner reasonably deemed expedient to Mortgagee; (b) and Mortgagee may, but shall not be required to, make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance encumbrances and purchase, discharge, compromise or settle any tax lien or other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; Impositions and (c) may, but shall not be required to, complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ fees' fees and any other monies advanced by Mortgagee to protect the Premises and the lien hereof, or to complete construction, furnishing and equipping or to rent, operate and manage the Premises and such Improvements or to pay any such operating costs and expenses thereof or to keep the Premises and Improvements operational and usable for their intended purposes, shall constitute Secured Indebtedness, whether or not they exceed the amount of Mortgagor's obligations under the Guaranty and shall become due and payable upon demand and with interest thereon at the rate set forth under Section 1.3(c) of the Credit AgreementDefault Rate. Mortgagee, in making any payment hereby authorized: (xa) for the payment of Impositions, may do so according to any xxxx xxxx, statement or statementestimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (yb) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (zc) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost costs and expenses thereof, may do so in such amounts and to such persons as Mortgagee may deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following the occurrence and during the continuance of an Event of Default and during the continuance thereofDefault, Mortgagee, either before or after acceleration of the Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) to, make any payment or perform any act herein, in the Notes Guaranty, any of the Loan Documents or any other Loan Document document or instrument related thereto which is required of Mortgagor (whether or not Mortgagor is personally liable therefor) in any form and manner deemed expedient to Mortgagee; (b) and Mortgagee may, but shall not be required to, make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance encumbrances and purchase, discharge, compromise or settle any tax lien or other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; Impositions and (c) may, but shall not be required to, complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ fees' fees and any other monies advanced by Mortgagee to protect the Premises and the lien hereof, or to complete construction, furnishing and equipping or to rent, operate and manage the Premises and such Improvements or to pay any such operating costs and expenses thereof or to keep the Premises and Improvements operational and usable for their intended purposes, shall constitute Secured Indebtedness, whether or not they exceed the amount of the Mortgagor's obligations under the Guaranty, and shall become due and payable upon demand and with interest thereon at the rate set forth under Section 1.3(c) of the Credit AgreementDefault Rate. Mortgagee, in making any payment hereby authorized: (xa) for the payment of Impositions, may do so according to any xxxx or statement, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (yb) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (zc) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost and expenses thereof, may do so in such amounts and to such persons as Mortgagee may deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.

Mortgagee’s Performance of Mortgagor’s Obligations. Following In addition to any other rights or remedies of Mortgagee hereunder, under the other Loan Documents or at law or in equity, upon the occurrence of an Event of Default (or prior thereto, if Mortgagee determines in its sole but good faith judgment that the same is necessary to preserve the Premises or the liens of the Existing Mortgages, as amended and during restated by this Mortgage, or the continuance thereofother Loan Documents thereon or on any other collateral securing the Obligations or is necessary to protect the life, health or safety of any Persons on or near the Premises or the property of any such Person) Mortgagee, either before or after acceleration of the Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if anyObligations, may, but shall not be required to (a) to, make any payment or perform any act herein, in required to be performed by Mortgagor hereunder or under any of the Notes or any other Loan Document which is required of Mortgagor Documents (whether or not Mortgagor is personally liable therefor) in any form and manner deemed appropriate and expedient to Mortgagee, including, without limitation, if applicable, paying any Taxes which remain unpaid; (b) make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance and purchaseprocuring the release, discharge, compromise or settle settlement of any tax lien Lien filed or otherwise asserted against the Premises which was not discharged by Mortgagor in accordance with the provisions of this Mortgage, the Loan Agreement or the other prior lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any ImpositionsLoan Documents; and (c) obtaining Insurance Policies where the required evidence that Mortgagor had obtained the same has not been delivered to Mortgagee as required hereunder. Upon any such payment or performance of any such act, Mortgagee shall as soon as possible provide notice thereof to Mortgagor but its failure to do so shall not affect the rights of Mortgagee or the obligations of Mortgagor hereunder. Mortgagee may, but shall not be required to, complete construction, furnishing and equipping of the Improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorizedpaid, and all expenses paid or incurred incurred, in each case in connection therewithwith in Mortgagee acting under any of the provisions of this Section 16, including reasonable attorneys’ fees' fees and other monies advanced by Mortgagee to protect the Premises and the liens of the Existing Mortgages, as amended and restated by this Mortgage, shall constitute Secured Indebtednessautomatically be deemed Obligations, whether or not the Obligations, as a result thereof, shall exceed the face amount of the Note, and shall become immediately due and payable upon demand and on demand, with interest to accrue and be payable thereon from the date such monies were paid or advanced, as the case may be, at the rate set forth Default Rate. Inaction of Mortgagee shall never be considered as a waiver of any right accruing to it on account of any Event of Default nor shall the provisions of this Section 16 or any exercise by Mortgagee of its rights hereunder prevent any default from constituting an Event of Default. Mortgagor acknowledges that pursuant to the Loan Agreement, certain amounts paid and expenses incurred by Mortgagee (or any servicer on its behalf) thereunder and under Section 1.3(c) of the Credit Agreementother Loan Documents shall constitute protective advances and be deemed Obligations hereunder. Mortgagee, in making any payment hereby authorized: or elsewhere in this Mortgage authorized (xa) for the payment of Impositionsrelating to Taxes, may do so according to any xxxx xxxx, statement or statementestimate, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof and without inquiry as to whether or not such Taxes have been paid, any such xxxx, statement or estimate constituting prima facie evidence of non-payment thereof; , (yb) for the purchase, discharge, compromise or settlement of any other prior lienLien, may do so without inquiry as to the validity or amount of any claim or lien for any Lien which may be asserted; or (zc) for in connection with the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation operation, or management of the Premises or the payment of operating cost costs and expenses thereofthereof or the making of any other advance permitted by this Section 16, may do so on the basis, in such amounts and to such persons as Mortgagee may in its sole discretion deem appropriate appropriate. Nothing herein shall be construed to require Mortgagee to advance or expend monies for any purpose mentioned herein, or for any other purpose. In exercising any right or remedy hereunder or under the other Loan Documents, Mortgagee shall be accountable only for amounts it actually receives as a result thereof, and may enter into for any of its acts or omissions in connection with the exercise of any such contracts therefor right or remedy Mortgagee shall not have any liability to Mortgagor except for its own active gross negligence or willful misconduct as Mortgagee may deem appropriate or may perform the same itselfdetermined pursuant to a final non-appealable order of a court of competent jurisdiction.

Mortgagee’s Performance of Mortgagor’s Obligations. Following Upon the occurrence of an Event of Default and during herein, the continuance thereof, Mortgagee, Mortgagee either before or after acceleration of the Indebtedness Hereby Secured Indebtedness or the foreclosure of the lien hereof and during the period of redemption, if any, may, but shall not be required to (a) to, make any payment or perform any act herein, in the Notes or any other Loan Document herein which is required of the Mortgagor (whether or not the Mortgagor is personally liable therefor) in any form and manner deemed expedient to the Mortgagee; (b) and the Mortgagee may, but shall not be required to make full or partial payments of principal or interest on any permitted prior mortgage or encumbrance encumbrances, if any, and purchase, discharge, compromise or settle any tax lien or other prior lien on or title or claim thereof, or redeem from any tax sale or forfeiture affecting the Premises, or contest any Impositions; tax or assessment, and (c) may, but shall not be required to, complete construction, furnishing and equipping of the Improvements improvements upon the Premises and rent, operate and manage the Premises and such Improvements and pay operating costs and expenses, including reasonable management fees, of every kind and nature in connection therewith, so that the Premises and Improvements shall be operational and usable for their intended purposes. All monies paid for any of the purposes herein authorized, and all expenses paid or incurred in connection therewith, including reasonable attorneys’ feesattorney's fees and any other monies advanced by the Mortgagee to protect the Premises and the lien hereof, or to complete construction, furnishing and equipping or to rent, operate and manage the Premises and such Improvements or to pay any such operating costs and expenses thereof or to keep the Premises and Improvements operational and usable for their intended purposes, shall constitute Secured Indebtednessbe so much additional Indebtedness Hereby Secured, whether or not they exceed the amount of the Note, and shall become immediately due and payable upon demand without notice, and with interest thereon at the rate set forth under Section 1.3(c) default rate, specified in the Note (herein called the "Default Rate"). Inaction of the Credit AgreementMortgagee shall never be considered a waiver of any right accruing to it on account of any default on the part of the Mortgagor. The Mortgagee, in making any payment hereby authorized: (x) for the payment of Impositions, may do so according to any xxxx or statement, without inquiry into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof; (y) for the purchase, discharge, compromise or settlement of any other prior lien, may do so without inquiry as to the validity or amount of any claim or lien which may be asserted; or (z) for the completion of construction, furnishing or equipping of the Improvements or the Premises or the rental, operation or management of the Premises or the payment of operating cost and expenses thereof, may do so in such amounts and to such persons as Mortgagee may deem appropriate and may enter into such contracts therefor as Mortgagee may deem appropriate or may perform the same itself.making