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16. Indemnification. Mortgagor shall protect, indemnify and save harmless Lender from and against all
<br />liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation,
<br />reasonable attorneys' fees and expenses except as may be limited by law or judicial order or decision entered in any
<br />action brought to recover moneys under this Section) imposed upon, incurred by or asserted against Lender by reason
<br />of (a) ownership of any interest in the Property; (b) any accident or injury to or death of persons, or loss of or damage to
<br />property occurring on or about the Property or any part thereof or adjacent real property, sidewalks, curbs, vaults and
<br />vault space, if any, streets or ways or with respect to the operation of Mortgagor's business including but not limited to
<br />Mortgagor's ownership of or interest in any of the Property or any part thereof; `(c) any use, disuse, non-use or condition
<br />of the Property or any part thereof or adjacent real property sidewalks; curbs, vaults and vault space, if any, streets or
<br />ways; (d) any failure on the part of Mortgagor to perform or compvwith any bf the terms hereof or of the Note or any
<br />other instrument or document executed in connection with the transactions contemplated herein and therein; (e) any
<br />necessity to defend any right, title or interest conveyed by A(Mortgage or to j defend any action arising from the
<br />creation or perfection of any such right, title or interest; (f) the performance of any labor or services or the furnishing of
<br />any materials or other property in respect to the Proper 6� any part thereof; (g) any loss of or damage to property, or
<br />injury to or death of any person, that may be occasioned by any cause pertaining to the pry sion of any part of the
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<br />Property; (h) any breach or default arising from any act or fax=u... ::re to act by Mortgagor or any aof its agents, lessees,
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<br />contractors, servants, employees or licensees or arising from any accident,Mury or damage caused to any person and
<br />occurring with respect to the operation of M�pr's business in udh�g Mortgagor's ownership of or interest in any
<br />of the Property; or (i) any such claim, action, per seeding broughthexeon. If any action or proceeding is made or
<br />brought against the City in respect of whichndenniy may be sou.�. hereunder, Lender shall give notice to
<br />Mortgagor of the action or proceeding and upon such notice, at the option-�6
<br />" Lender, (1) Mortgagor shall assume the
<br />defense of the action or proceeding with legal counsel satisfactory t Lender, (2j Mortgagor shall assume the defense of
<br />the action or proceeding with the.articipation of Lender, at Mortgagar's expense, or (3) Lender shall assume the
<br />defense of the action orroceecling with legal counsel satlsfaty to Leader,.. at Mortgagor's expense; provided that
<br />failure of Lender to give such notice shah n relieve Mff
<br />ortgagor from any of Mortgagor's obligations under this Section
<br />unless the failure prejudices'", :'1edefense by Mortgagor of the action or proceeding.
<br />18. The covenants 'ortained herein shall bind, and the benefits and advantages shall inure to, the
<br />respective heirs, executors, successors, assigns and agents of the parties hereto. Whenever used, the singular
<br />number shall include the plural, and the use of any gender shall include all genders.
<br />19. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage, without
<br />charge to Mortgagor. Mortgagor shall pay all costs of recordation, if any.
<br />IN WITNESS WHEREOF, MORTGAGOR has executed this Mortgage as of the date set forth hereinabove.
<br />(Signatures on following page)
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