14-20 Cedar Glen Bond Ordinance Addendums

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provided in connection with the Loan or the Bonds. All of such fees,costs and expenses may be deducted by MBI from the advancements made hereunder. Section 12.2 Construction Consultant Fees. Borrower shall, within ten (10) days of written demand, pay or reimburse MBI for all fees and expenses charged by any Construction Consultant engaged in connection with the Loan or the Bonds. Section 12.3 Fees and Expenses Incurred after Event of Default. If, after the occurrence of an Event of Default hereunder, MBI employs an attorney or attorneys to protect MBI's rights or remedies arising in connection with this Agreement or any security for the Loan, then Borrower shall pay to MBI upon demand all reasonable attorneys' fees and expenses incurred by MBI in connection with such Event of Default, regardless of whether any action is actually commenced against Borrower by reason of any such Event of Default. Section 12.4 Payment of Related Expenses. Borrower shall, within ten (10) days of written demand, pay or reimburse MBI for all reasonable attorneys' fees and expenses incurred by MBI in any proceedings involving the estate of a deceased Borrower or Co-Maker, an insolvent or a bankrupt Borrower or Co-Maker, or in any action,proceeding or dispute of any kind in which MBI is made a party, or appears as an intervenor or party plaintiff or defendant, affecting or relating to this Agreement or any of the other Loan Documents, Borrower, or the Project, including, without limitation, the foreclosure of the collateral for the Loan, any condemnation action involving the Project, or any action to protect the security for the Loan. Section 12.5 Amounts Payable Upon Demand. Any amounts payable by Borrower pursuant to this Article VII shall be due and payable within ten(10) days of written demand. Section 12.6 No Advancements if Fees and Expenses are Unpaid. MBI shall not be obligated to fund any additional advances of the Loan until Borrower has paid all amounts then due under this Article VII. Furthermore, MBI hereby reserves the right (without any obligation) to disburse to itself under the Loan, any or all of such amounts which are not received by MBI within ten (10) days after demand has been made by MBI for such payment. ARTICLE XIII. WARRANTIES AND REPRESENTATIONS Section 13.1 Warranties and Representations. Borrower warrants and represents to the Issuer and MBI that: (a) Borrower is a limited partnership duly organized and validly existing under the laws of the State of Indiana, and has full power under its certificate of limited partnership and Partnership Agreement, and any amendments thereto, and under all applicable provisions of law to purchase, develop, own, lease and operate the Project; (b) Borrower is the owner in fee simple of the Real Estate(or shall acquire title with the proceeds of the initial advancement of the Loan) subject only to the lien of current real estate taxes not delinquent, and easements,rights of way and other restrictions of record; (c) The Plans and Specifications are final and are in full compliance with all applicable building codes, zoning ordinances and the requirements of regulatory agencies having jurisdiction [including but not limited to the specifications required to be complied with under the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) as from time to time Page 35