FOR THE PROCEEDS OF A FORECLOSURE SALE OR OF INSURANCE PROCEEDS OR
FOR APPORTIONMENT OF AN EMINENT DOMAIN DAMAGE AWARD.
9.14
LENDER'S RIGHT TO COUNSEL.
IF LENDER RETAINS
ATTORNEYS TO ENFORCE ANY OF THE TERMS HEREOF OR THE NOTE OR OF ANY OTHER LOAN
DOCUMENT OR BECAUSE OF THE BREACH BY BORROWER OF ANY OF THE TERMS HEREOF OR
OTHER LOAN DOCUMENT OR THE LEASE, OR FOR THE RECOVERY OF ANY INDEBTEDNESS
SECURED HEREBY, BORROWER SHALL PAY TO LENDER ATTORNEYS' FEES AND ALL COSTS AND
EXPENSES, WHETHER OR NOT AN ACTION IS ACTUALLY COMMENCED AND THE RIGHT TO SUCH
ATTORNEYS' FEES AND ALL COSTS AND EXPENSES SHALL BE DEEMED TO HAVE ACCRUED ON
THE DATE SUCH ATTORNEYS ARE RETAINED, SHALL INCLUDE FEES AND COSTS IN CONNECTION
WITH LITIGATION, ARBITRATION, MEDIATION, BANKRUPTCY AND/OR ADMINISTRATIVE
PROCEEDINGS, AND SHALL BE ENFORCEABLE WHETHER OR NOT SUCH ACTION IS PROSECUTED
TO JUDGMENT AND SHALL INCLUDE ALL APPEALS.
ATTORNEYS' FEE AND EXPENSES SHALL
FOR PURPOSES OF THIS MORTGAGE INCLUDE ALL PARALEGAL, ELECTRONIC RESEARCH, LEGAL
SPECIALISTS AND ALL OTHER COSTS IN CONNECTION WITH THAT PERFORMANCE OF LENDER'S
ATTORNEYS.
If Lender is, by reason of being the holder of this Mortgage, made a party
defendant in any litigation concerning this Mortgage or the Premises or any part
thereof or therein, or the construction, maintenance, operation or the occupancy
or use thereof by Borrower, then Borrower shall indemnify, defend and hold
Lender harmless from and against all liability by reason of said litigation,
including attorneys' fees and all costs and expenses incurred by Lender in any
such litigation or other proceedings, whether or not any such litigation or
other proceedings is prosecuted to judgment or other determination.
9.15
OTHER REPRESENTATIONS AND WARRANTIES.
ALL
STATEMENTS CONTAINED IN ANY LOAN APPLICATION, CERTIFICATE OR OTHER INSTRUMENT
DELIVERED BY OR ON BEHALF OF BORROWER TO LENDER OR LENDER'S REPRESENTATIVES IN
CONNECTION WITH THE INDEBTEDNESS SECURED HEREBY SHALL CONSTITUTE REPRESENTATIONS
AND WARRANTIES MADE BY BORROWER HEREUNDER.
SUCH REPRESENTATION AND WARRANTIES
MADE HEREUNDER AND THEREUNDER SHALL SURVIVE THE DELIVERY OF THIS MORTGAGE, AND
ANY MISREPRESENTATIONS THEREUNDER SHALL BE DEEMED AS MISREPRESENTATIONS
HEREUNDER.
9.16
TIME OF THE ESSENCE.
BORROWER AGREES THAT TIME
IS OF THE ESSENCE WITH RESPECT TO ALL OF THE COVENANTS, AGREEMENTS AND
REPRESENTATIONS UNDER THIS MORTGAGE.
9.17
SURVIVAL OF REPRESENTATIONS, WARRANTIES AND
COVENANTS.
ALL REPRESENTATIONS COVENANTS AND WARRANTIES CONTAINED HEREIN, OR IN
ANY OF THE OTHER LOAN DOCUMENTS SHALL SURVIVE
28
THE DELIVERY OF THE NOTE, THIS MORTGAGE AND ALL OTHER LOAN DOCUMENTS AND THE
PROVISIONS HEREOF SHALL CONTINUE TO INURE TO THE BENEFIT OF LENDER, ITS
SUCCESSORS AND ASSIGNS.
9.18
WAIVER OF JURY TRIAL.
NO PARTY TO THIS MORTGAGE
OR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF A PARTY SHALL
SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER
LITIGATION PROCEEDINGS BASED UPON OR ARISING OUT OF THIS MORTGAGE, ANY RELATED
AGREEMENT OR INSTRUMENT, ANY OTHER COLLATERAL FOR THE INDEBTEDNESS OR THE
DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES, OR ANY OF THEM.
NO
PARTY