Common use of Defense of Actions Clause in Contracts

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding LenderXxxxxx’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Each Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all reasonable out-of-pocket costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding the Lender may appear. If the any Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower it which affects in any material respect the Funding Lender’s 's interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrowing Agent or the applicable Borrower and without releasing any Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the any Borrower or any Key Principal or an assignment by the any Borrower or Key Principal for the benefit of its their respective creditors, the such Borrower or any Key Principal shall be chargeable with and agrees to pay all reasonable out-of-pocket costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding the Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect the Funding Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding in any material respect Lender’s interest in the Project any Collateral Pool Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawLaw, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon Borrower and without releasing Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Collateral Pool Property to make repairs or take other action to protect the security of the Projectsaid Collateral Pool Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan DocumentsDocuments other than the Permitted Exceptions. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower Party shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding the Lender may appear. If the Borrower Party fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower Party which affects in any material respect the Funding Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower Party and without releasing the Borrower Party from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower Party or an assignment by the Borrower Party for the benefit of its their respective creditors, the Borrower Party shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend (whether or not such defense is provided by Borrower’s insurance) any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding the Lender may appear. If the claim is insured and Borrower’s insurance company provides a defense, Borrower may rely on such defense. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect the Funding Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.or

Defense of Actions. The Borrower shall appear in and defend ------------------ (whether or not such defense is provided by Borrower's insurance) any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding the Lender may appear. If the claim is insured and Borrower's insurance company provides a defense, Borrower may rely on such defense. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect the Funding Lender’s 's interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the interests of the Governmental Lender or the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Governmental Lender and Funding Lender Lender, as the case may be, may make such appearances, disburse such sums and take such action as the Funding Lender it deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of the Governmental Lender or Funding Lender Lender, as the case may be, appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Neither the Governmental Lender nor the Funding Lender shall have no an obligation to do any of the above. The Governmental Lender and Funding Lender Lender, as the case may be, may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.or

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defensedefense incurred by the Governmental Lender, the Fiscal Agent, the Funding Lender or the Servicer, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The ﷒The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall retain all rights to commence, appear in, or defend or make decisions concerning any action or proceeding or prosecution (including any proceeding in the United States Patent and Trademark Office) purporting to affect, the Patents or the respective rights and obligations of Lender and Borrower with respect thereto pursuant to any Loan Document; provided, however, if Lender requests that Borrower take any action regarding the matters set forth in this Section 5.06 and Borrower refuses or fails to take such action on a timely basis, then, prior to the repayment of the Loan Indebtedness, Lender may (but shall not be obligated to) commence, appear in, or defend any action or proceeding (including any proceeding in the United States Patent and Trademark Office) purporting to affect the security for this Patents or the respective rights and obligations of Lender and Borrower with respect thereto pursuant to any Loan Agreement hereunder Document. In the event Borrower refuses or under the Borrower Loan Documents and the Funding Loan Documentsfails to take action on a timely basis reasonably requested by Lender, and shall paythen Lender shall, in the manner required by Section 2.4 hereofat its sole option, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in control any such action or proceeding and Borrower agrees to appear as a party therein if requested by Lender, and to cooperate with Lender in which Funding Lender may appear. If the Borrower fails to perform any conduct of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any such action or proceeding whether or not it is commenced that is a party. Lender may (but shall not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereofbe obligated to) pay all necessary expenses, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums reasonable attorneys' fees and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and expenses incurred in connection with any appellate proceeding such proceedings or post-judgment action involved thereinactions, which shall be due added to and included as Loan Indebtedness payable together by Borrower to Lender in accordance with all required service or use taxesthis Loan Agreement. Any recovery obtained by either party in enforcing the Patents will be applied first to the expenses incurred in obtaining such recovery and then to the Loan Indebtedness.

Defense of Actions. The Borrower Owner shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documentsrights or power of Xxxxxx Xxx or Servicer hereunder, and shall payshall, as set forth in to section 4.2, pay the manner required by Section 2.4 hereof, all reasonable out-of-pocket costs and expenses, including the cost of evidence of title and attorneys’ ' fees, in any such action or proceeding in which Funding Lender Xxxxxx Mae may appear. If the Borrower Owner fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower Owner which affects the Funding Lender’s in any material respect Xxxxxx Mae's or any Related Trustee's interest in the Project any Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may Xxxxxx Mae may, but without obligation to do so and without notice to or demand upon Owner and without releasing Owner from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems reasonably determined by Xxxxxx Xxx or Servicer to be necessary or appropriate to protect its interests. Such actions include Xxxxxx Mae's or such Related Trustee's interest, including disbursement of attorneys’ reasonable attorney's fees, entry upon the Project such Property to make repairs or take other action to protect the security of the Projectsaid Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender Xxxxxx Xxx appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Transaction Documents. In the event (i) that the Security Instrument any Mortgage is foreclosed in whole or in part or that any Borrower Loan Transaction Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the Security Instrument any Mortgage or any Borrower Loan Transaction Document in which proceeding the Funding Lender Xxxxxx Mae is made a party or (iii) of the bankruptcy of the Borrower Owner, QRS Partner or OP Partner or an assignment by the Borrower Owner, QRS Partner or OP Partner for the benefit of its creditors, the Borrower Owner shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including reasonable actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower Party shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding the Lender may appear. If the Borrower Party fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower Party which affects in any material respect the Funding Lender’s 's interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower Party and without releasing the Borrower Party from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender's interest, including disbursement of attorneys’ ' fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower Party or an assignment by the Borrower Party for the benefit of its their respective creditors, the Borrower Party shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. { TC \l2 "Section 5.13. Defense of Actions" } The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower Owner shall appear in and defend any action or proceeding purporting to affect the any Property, any security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documentsrights or power of Fannxx Xxx or Servicer hereunder, and shall payshall, in the manner required by Section 2.4 hereofpursuant to section 4.2, pay all reasonable out-of-pocket costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding Lender Fannxx Xxx xx Servicer may appear. If the Borrower fails to perform any an Event of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentDefault has occurred and is continuing, or if any action or proceeding is commenced that is not 60 diligently defended by the Borrower Owner which affects the Funding Lender’s in any material respect Fannxx Xxx's or any Related Trustee's interest in the Project any Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may Fannxx Xxx xxx, but without obligation to do so and without notice to or demand upon Owner and without releasing Owner from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender Fannxx Xxx or Servicer deems necessary or appropriate to protect its interests. Such actions include Fannxx Xxx's or such Related Trustee's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Property to make repairs or take other action to protect the security of the Projectsaid Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender Fannxx Xxx appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Transaction Documents. In the event (i) that the Security Instrument any Mortgage is foreclosed in whole or in part or that any Borrower Loan Transaction Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the Security Instrument any Mortgage or any Borrower Loan Transaction Document in which proceeding the Funding Lender is Fannxx Xxx xx made a party or (iii) of the bankruptcy of the Borrower Owner, General Partner or Operating Partnership or an assignment by the Borrower Owner, General Partner or Operating Partnership for the benefit of its creditors, the Borrower Owner shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.or‌

Defense of Actions. The Borrower Owner shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documentsrights or power of Xxxxxx Mae or Servicer hereunder, and shall payshall, in the manner required by Section 2.4 hereofpursuant to section 3.1, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding Lender Xxxxxx Xxx may appear. If the Borrower Owner fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower Owner which affects the Funding Lender’s in any material respect Xxxxxx Mae's or any Related Trustee's interest in the Project any Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may Xxxxxx Xxx may, but without obligation to do so and without notice to or demand upon Owner and without releasing Owner from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender Xxxxxx Mae or Servicer deems necessary or appropriate to protect its interests. Such actions include Xxxxxx Mae's or such Related Trustee's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Property to make repairs or take other action to protect the security of the Projectsaid Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender Xxxxxx Mae appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Transaction Documents. In the event (i) that the Security Instrument any Mortgage is foreclosed in whole or in part or that any Borrower Loan Transaction Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the Security Instrument any Mortgage or any Borrower Loan Transaction Document in which proceeding the Funding Lender Xxxxxx Xxx is made a party or (iii) of the bankruptcy of the Borrower Owner, General Partner or any Guarantor or an assignment by the Borrower Owner, General Partner or any Guarantor for the benefit of its their respective creditors, the Borrower Owner shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Agreement or the rights or powers of Xxxxxx Xxx or the Loan Agreement Servicer hereunder or under the Borrower Loan Documents and the Funding Mortgage Loan Documents, and shall payshall, in the manner required by pursuant to Section 2.4 hereof3.3 of this Agreement, pay all costs and expenses, including the Master Reimbursement Agreement Mid-America cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding Lender Xxxxxx Mae or the Loan Servicer may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Mortgage Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect Xxxxxx Mae’s or the Funding LenderTrustee’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then Xxxxxx Mae or the Funding Lender may Loan Servicer may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as Xxxxxx Xxx or the Funding Lender Loan Servicer deems necessary or appropriate to protect its interests. Such actions include Xxxxxx Mae’s or the Trustee’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender Xxxxxx Xxx or the Loan Servicer appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Mortgage Loan Documents. In the event (i) that the Security Instrument any Mortgage is foreclosed in whole or in part or that any Borrower Mortgage Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the Security Instrument any Mortgage or any Borrower Mortgage Loan Document in which proceeding Xxxxxx Mae or the Funding Lender Loan Servicer is made a party or (iii) of the bankruptcy of the Borrower or the Key Principal an assignment by the Borrower for the benefit of its their respective creditors, the Borrower or the Key Principal shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower Borrowers shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement or the rights or power of Fannxx Xxx or Servicer hereunder or under the Borrower Loan Documents and the Funding Loan Documentsany other Transaction Document, and shall payshall, in the manner required by Section 2.4 hereofpursuant to section 4.2, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding Lender may appearFannxx Xxx xxx appear in accordance with the provisions of this Agreement or the other Transaction Documents. If the Borrower fails Borrowers fail to perform any of the covenants or agreements contained in this Borrower Loan Agreement or in any other Borrower Loan Transaction Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower Borrowers which affects the Funding Lender’s in any material respect Fannxx Xxx's or any Related Trustee's interest in the Project any Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then Fannxx Xxx xxx, with ten (10) days prior notice to the Funding Lender may Borrowers, but without demand upon the Borrowers, without obligation to do so, and without releasing the Borrowers from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender Fannxx Xxx or Servicer deems necessary or appropriate to protect its interests. Such actions include Fannxx Xxx's or such Related Trustee's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Property to make repairs or take other action to protect the security of the Projectsaid Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender Fannxx Xxx appears to be prior or superior to the Borrower Loan Documents or Transaction Documents, and procurement of satisfactory insurance required to be maintained by the Funding Loan Borrowers under the Transaction Documents. The Funding Lender shall have no obligation ; provided, however, that Fannxx Xxx xxxll not be required to do any of the above. The Funding Lender may take any such action without give prior notice to the Borrowers if Fannxx Xxx reasonably determines that such appearance, disbursement or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documentsis necessary to prevent a Material Adverse Effect. In the event (i) that the Security Instrument any Mortgage is foreclosed in whole or in part or that any Borrower Loan Transaction Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the Security Instrument any Mortgage or any Borrower Loan Transaction Document in which proceeding the Funding Lender is Fannxx Xxx xx made a party or (iii) of the bankruptcy of any of the Borrower Borrowers or Guarantor or an assignment by any of the Borrower Borrowers or Guarantor for the benefit of its creditors, the Borrower Borrowers shall be chargeable with and agrees agree to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding the Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect the Funding Lender’s 's interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement or the rights or powers of Lender hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall payshall, in the manner required by pursuant to Section 2.4 hereof14.03 of this Agreement, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding in any material respect Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then Lender may, but without obligation to do so and without notice to or demand upon the Funding Lender may Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is Master Credit Facility Agreement Mid-America Additions foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend (whether or not such defense is provided by Borrower’s insurance) any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding the Lender may appear. If the claim is insured and Borrower’s insurance company provides a defense, Borrower may rely on such defense. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects in any material respect the Funding Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the Borrower and without releasing the Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-post judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding in any material respect Lender’s 's interest in the Project any Collateral Pool Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawLaw, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon Borrower and without releasing Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include Lender's interest, including disbursement of attorneys’ attorney's fees, entry upon the Project such Collateral Pool Property to make repairs or take other action to protect the security of the Projectsaid Collateral Pool Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documents, and shall pay, in the manner required by Section 2.4 hereof, all costs and expenses, including the cost of evidence of title and attorneys’ fees, in any such action or proceeding in which the Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Funding Loan Document, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding Lender’s interest in the Project or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal federal or state law, whether now existing or hereafter enacted or amended, then the Funding Lender may make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include disbursement of attorneys’ fees, entry upon the Project to make repairs or take other action to protect the security of the Project, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of the Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (i) that the Security Instrument is foreclosed in whole or in part or that any Borrower Funding Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed of trust or deed to secure debt prior to or subsequent to the Security Instrument or any Borrower Funding Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its creditors, the Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.or

Defense of Actions. The Borrower AIMCO Party shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and rights or power of the Funding Loan DocumentsLender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ ' fees, in any such action or proceeding in which Funding the Lender may appear. If the Borrower AIMCO Party fails to perform any of the covenants or 77 agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower AIMCO Party which affects in any material respect the Funding Lender’s 's interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon the AIMCO Party and without releasing the AIMCO Party from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include the Lender's interest, including disbursement of attorneys’ reasonable attorney's fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding the Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release give the Borrower from notice of any obligation action taken under this Borrower Loan Agreement or any of subsection reasonably promptly after it has taken the other Borrower Loan Documents or Funding Loan Documentsaction. In the event (i) that the any Security Instrument Document is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (ii) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security document prior to or subsequent to the any Security Instrument Document or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iii) of the bankruptcy of the Borrower AIMCO Party or an assignment by the Borrower AIMCO Party for the benefit of its their respective creditors, the Borrower AIMCO Party shall be chargeable with and agrees to pay all costs of collection and defense, including actual reasonable attorneys’ ' fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.

Defense of Actions. The Borrower shall appear in and defend any action or proceeding purporting to affect the security for this Borrower Loan Agreement hereunder or under the Borrower Loan Documents and the Funding Loan Documentsrights or power of Lender hereunder, and shall pay, in the manner required by Section 2.4 hereof, pay all costs and expenses, including the cost of evidence of title and reasonable attorneys’ fees, in any such action or proceeding in which Funding Lender may appear. If the Borrower fails to perform any of the covenants or agreements contained in this Borrower Loan Agreement or any other Borrower Loan DocumentAgreement, or if any action or proceeding is commenced that is not diligently defended by the Borrower which affects the Funding in any material respect Lender’s interest in the Project any Mortgaged Property or any part thereof, including eminent domain, code enforcement or proceedings of any nature whatsoever under any Federal or state lawApplicable Law, whether now existing or hereafter enacted or amended, then the Funding Lender may may, but without obligation to do so and without notice to or demand upon Borrower and without releasing Borrower from any Obligation, make such appearances, disburse such sums and take such action as the Funding Lender deems necessary or appropriate to protect its interests. Such actions include Lender’s interest, including disbursement of attorneys’ attorney’s fees, entry upon the Project such Mortgaged Property to make repairs or take other action to protect the security of the Projectsaid Mortgaged Property, and payment, purchase, contest or compromise of any encumbrance, charge or lien which in the judgment of Funding Lender appears to be prior or superior to the Borrower Loan Documents or the Funding Loan Documents. The Funding Lender shall have no obligation to do any of the above. The Funding Lender may take any such action without notice to or demand upon the Borrower. No such action shall release the Borrower from any obligation under this Borrower Loan Agreement or any of the other Borrower Loan Documents or Funding Loan Documents. In the event (ia) that the any Security Instrument is foreclosed in whole or in part or that any Borrower Loan Document is put into the hands of an attorney for collection, suit, action or foreclosure, or (iib) of the foreclosure of any mortgage, deed to secure debt, deed of trust or deed to secure debt other security instrument prior to or subsequent to the any Security Instrument or any Borrower Loan Document in which proceeding the Funding Lender is made a party or (iiic) of the bankruptcy of the Borrower or an assignment by the Borrower for the benefit of its their respective creditors, the Borrower shall be chargeable with and agrees to pay all reasonable costs of collection and defense, including actual attorneys’ fees in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, which shall be due and payable together with all required service or use taxes.