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in the Property; provided that the foregoing is not intended, nor shall it be construed, from preventing the Mortgagor from creating condominium interests in the Improvements pursuant to the Condominium Declaration for Courthouse Square Condominium to be entered into by the Mortgagor and the Transit District. 9. RELEASE ON FULL PERFORMANCE If Mortgagor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Mortgagor under this Mortgage and the Agreement, Mortgagee shall, if requested, execute and deliver to Mortgagor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file. 10. EVENTS OF DEFAULT AND NONAPPROPRIATION EVENTS The occurrence of any Event of Default under and as defined in the Agreement shall constitute an Event of Default under this Mortgage. Reference is also made to Section 202(C) of the Agreement which provides for certain consequences upon the occurrence of a Nonappropriation Event. 11. RIGHTS AND REMEDIES ON EVENT OF DEFAULT OR NONAPPROPRIATION EVENT 11.1 Remedies. In accordance with ORS 271390, upon the occurrence of an Event of Default or a Nonappropriation Event, the lien of this Mortgage may be foreclosed by the Mortgagee by means of a proceeding brought in the circuit court for Marion County, Oregon, and the Mortgagee's interest in the Property may be sold upon the order of the court. 11.2 AttorneYs' Fees; Expenses. In the event suit or action is instituted to foreclose the lien of this Mortgage, the Mortgagee shall be entitled to recover its reasonable attorneys' fees at trial, on any appeal and on any petition for review, in addition to all other sums provided by law. 11.3 Application of Proceeds from Propertv. In accordance with the requirements of ORS 271.390, all proceeds realized from the exercise of Mortgagee's rights and remedies shall be applied as follows: (a) To pay the costs of foreclosing on the lien of this Mortgage, including without limitation the attorneys fees of the Mortgagee as provided in Section 11.2 above; (b) To pay all amounts owed by Mortgagor payment of which is secured by this Mortgage; (c) The surplus, if any, shall be paid to the Mortgagor. MORTGAGE PAGE 5