Right to Perform the Mortgagor’s Covenants. In the event of any default in the performance of any of the Mortgagor’s covenants or agreements herein, whether or not an Event of Default shall have occurred, the Administrative Agent may, at the option of the Administrative Agent, perform the same, and the Administrative Agent may also take all such actions as it deems desirable to prevent or cure any situation or circumstance which might, with the passage of time or giving of notice or both, become an Event of Default. The costs of any and all performance and actions taken under this Section 3.12 shall be paid by the Mortgagor to the Administrative Agent on demand, with interest at the highest applicable rate set forth in the Credit Agreement (the “Default Rate”), as from time to time in effect, such interest to accrue from the date such cost is incurred by the Administrative Agent through the date of payment by the Mortgagor, and all such costs and such interest shall be secured by this Mortgage.
Right to Perform the Mortgagor’s Covenants. If the Mortgagor shall fail to make any payment or perform any term, covenant or condition required to be performed hereunder or under the Notes, the Indenture or any Security Document and such failure either constitutes an Event of Default hereunder or thereunder, the Mortgagee, without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter upon five days' prior written notice to the Mortgagor (which notice shall not be deemed to be required in the event that the Mortgagee reasonably believes that any delay will impair the value of the Mortgaged Property or its rights hereunder) make such payment or perform such act for the account and at the expense of the Mortgagor, and may enter upon the Mortgaged Property for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry and no such action shall be deemed an eviction of any lessee of the Mortgaged Property or any part thereof. All sums so paid by the Mortgagee and all costs and expenses (including, without limitation, reasonable attorneys' fees) so incurred, together with interest thereon at the highest rate per annum applicable to the Notes, from the date of payment or incurring, shall constitute additional indebtedness secured by this Mortgage, and the Mortgagor agrees to pay such sums to the person incurring the same on demand.
