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132777076v2 5 Section 1.4 Right of the Mortgagee to Enter. The Mortgagor will permit the Mortgagee and its agents to enter and to authorize others to enter upon any or all of the Mortgaged Property, at any reasonable time and from time to time, to inspect the same, and, after giving the Mortgagor reasonable notice and opportunity to perform, to perform or observe any covenants, conditions, or terms which the Mortgagor shall fail to perform, meet or comply with, or for any other purpose in connection with the protection or preservation of the Mortgagee’s security, without thereby becoming liable to the Mortgagor or any person in possession under the Mortgagor except for the Mortgagee’s negligence or willful misconduct. Section 1.5 Subrogation. If any prior lien is paid from the proceeds of the Note secured by this Mortgage, the Mortgagee shall be subrogated to the rights of the holder of such prior lien as fully as if such lien has been assigned to the Mortgagee. Section 1.6 Right of the Mortgagee to Perform. If the Mortgagor fails to pay all and singular any taxes, assessments or other similar charges heretofore or hereafter assessed against the Mortgaged Property or fails to obtain the release of any lien or encumbrance (other than Permitted Encumbrances or otherwise consented to by the Mortgagee) of any nature heretofore or hereafter arising upon the Mortgaged Property or fails to perform any other covenants and agreements contained in this Mortgage or if any action or proceeding is commenced which adversely affects or questions the title to or possession of the Mortgaged Property or the interest of the Mortgagor or Mortgagee therein, then the Mortgagee, at the Mortgagee’s option, after giving the Mortgagor reasonable notice and opportunity to perform, may perform such covenants and agreements, investigate and defend against such action or proceeding, and take such other action as the Mortgagee deems necessary to protect the Mortgagee’s interest. Any amounts disbursed by the Mortgagee pursuant to this section, including court costs and expenses and attorney’s fees, with interest thereon, shall become additional indebtedness of the Mortgagor and shall be secured by this Mortgage. Nothing contained in this paragraph shall require the Mortgagee to incur any expense or to do any act hereunder. Section 1.7 Limited Assumption. Except as provided in the Loan Agreement and except in accordance with Section 1.17, the Mortgagor shall not sell, assign, lease, convey, mortgage or otherwise encumber the legal or equitable title or both legal and equitable title to all or any portion of the Mortgaged Property without the written consent of the Mortgagee. So long as the Note is outstanding, no sale, assignment, lease, conveyance, mortgage or other encumbrance shall be made which impairs the validity of the Note or the exemption of the interest payable thereon from federal income taxation. Section 1.8 Loan Agreement. The Mortgagor shall promptly and faithfully observe all of the terms and provisions of the Loan Agreement binding upon it and will not permit any Event of Default (as defined therein) to occur thereunder. Section 1.9 Miscellaneous Rights of the Mortgagee. The Mortgagee may at any time and from time to time, without notice, release any person liable for payment of any indebtedness secured hereby, extend the time as permitted by law or agree to alter the terms of payment of any of the indebtedness, accept additional security of any kind, release any property securing the indebtedness or consent to the making of any plat or map of the Land or the creation of any easement thereon or any covenants restricting use or occupancy thereof, or alter or amend the