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the Mortgaged Property, or the value of the Note or the Security Docu-
ments, arising out of action or inaction by Mortgagor. ~
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4.11 CONTEST OF TAX ASSESSMENTS, ETC. After prior written notice ~
to Mortgagee, Mortgagor, at its own expense, may contest by appropriate ~
legal proceedings, prompdy inidated and conducted in good faith and ~vith i
due diligence, the amount, validity or applicadon, in whole or in part, of . -
( a) any of the legal requirements referred to in Subsection 42, or ( b) any ;
Imposition; provided tha~ ~ i j-ia-the case of any unpaid Imposition, such -
proceedings shall suspend the collection thereof from 11lortgagor and from
the 11~iortgaged Property, (ii) d~e jiortgsged Property will not be in danger ~ F
of being sold, forfeited, terminat~d, cancelled or lost, ( iii ) the use of the '
Mortgaged Property for its present intended purpose or purposes will not §
' be lost or terminated, ( iv ) Mortgagor shall have set aside adequate reserves ;
` with respect thereto,~and (v) 11~Iortgagor shall have furnished such security :
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; as may be required in the proceedings or as may be reasonably requested °
by Mortgagee, i
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4.1`Z PERFORMANCE OF I.OAN /~GREEMENT. ~'16 Mortgagor Wlll ~
: cause the Improvements to be constructed in accordance with the terms >
# of the Loan Agreement, will prosecute such construction with due diligence
; and complete same on or before the date of completion specified in the ~
Loan Agreement, ~vill comply ~vith the covenants made by it in the Loan ~
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~ Agreement and will permit no Event of Default to occur as therein defined. ~
~ 4.13 ERPENSES. The Mortgagor will pay or reimburse the Mortgagee =
~ - for all reasonable attorneys' fees, costs and e.Ypenses paid or incurred by the L
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~ Mortgagee in any action, proceeding or dispute of any kind in which the `
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~ l~iortgagee is made a party or appears as party plaintiff or defendant, ~
affecting the Note, this Mortgage, Mortgagor, any Guarantor, or the hiort- ~
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- gaged Property, including but not limited to the foreclosure or other
enforcement of this Mortgage, anq condemnadon action involving the '
Mortgaged Property, any action to protect the security hereof, or any `
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proceeding in probate or banl:ruptcy, and an~~ such amounts paid or in-
- curred by the ~iortgagee shall be added to the Indebtedness, sh~ll b~ar
: interest at the rate specified in the Note from date of payment and shall
be secured by the lien of this :lfortgage. ~
:T.y 4.14 PERFORMANCE OF THE ~.'OMMITD7ENT. Mortgagor shall timely _
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