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<br />additional assignments and other documents as may be necessary from time to time to permit
<br />such participation and to enable Beneficiary to collect and receipt for any such sums. All such
<br />sums are hereby assigned to Beneficiary, and shall, after deduction therefrom of all reasonable
<br />expenses actually incurred by Beneficiary, including attorneys' fees, at Beneficiary's option be
<br />(1) released to Grantor, or (2) applied (upon compliance with such terms and conditions as may
<br />be required by Beneficiary) to repair or restoration of the Mortgaged Property so affected, or (3)
<br />applied to the payment of the obligations in such order and manner as Beneficiary, in its sole
<br />discretion, may elect whether or not due. In any event the unpaid portion of the Obligations shall
<br />remain in full force and effect and the payment thereof shall not be excused. Beneficiary shall
<br />not be, under any circumstances, liable or responsible for failure to collect or to exercise
<br />diligence in the collection of any such sum or for failure to see to the proper application of any
<br />amount paid over to Grantor. Beneficiary is hereby authorized, in the name of Grantor, to
<br />execute and deliver valid acquittance for, and to appeal from, any such award, judgment or
<br />decree. All costs and expenses (including but not limited to attorneys' fees) incurred by
<br />Beneficiary in connection with any condemnation shall be an Obligation owing by Grantor
<br />(which Grantor hereby promises to pay on demand of Beneficiary) to Beneficiary pursuant to
<br />this Deed of Trust.
<br />(g) Compliance with Legal Requirements. The Mortgaged Property and the use,
<br />operation and maintenance thereof and all activities thereon comply in all material respects with
<br />all applicable Legal Requirements (defined below). The Mortgaged Property is not dependent on
<br />any other property or premises or any interest therein other than the Mortgaged Property to fulfill
<br />any requirement of any Legal Requirement. No part of the Mortgaged Property constitutes a
<br />nonconforming use under any zoning law or similar law or ordinance. Grantor has obtained and
<br />shall preserve in force all requisite zoning, utility, building, health and operating permits from
<br />the governmental authorities having jurisdiction over the Mortgaged Property. If Grantor
<br />receives a notice or claim from any person that the Mortgaged Property, or any use, activity,
<br />operation or maintenance thereof or thereon, is not in compliance with any Legal Requirement,
<br />Grantor will promptly furnish a copy of such notice or claim to Beneficiary. Grantor has received
<br />no notice and has no knowledge of any such noncompliance. As used in this Deed of Trust: (i)
<br />the term "Legal Requirement" means any Law (defined below), agreement, covenant, restriction,
<br />easement, or condition (including, without limitation of the foregoing, any condition or
<br />requirement imposed by any federal, state, or local governmental body, or insurance or surety
<br />company), as any of the same now exists or may be changed or amended or come into effect in
<br />the future; and. (ii) the term "Law" means any federal, state or local law, statute, ordinance, code,
<br />rule, regulation, license, permit, authorization, decision, order, injunction or decree, domestic or
<br />foreign.
<br />(h) Maintenance; Repair and Restoration. Grantor will keep the Mortgaged
<br />Property in first class order, repair, operation condition and appearance, causing all necessary
<br />repairs, renewals, replacements, additions and improvements to be promptly made, and will not
<br />allow any of the Mortgaged Property to be misused, abused or wasted or to deteriorate. Grantor
<br />will not, without the prior written consent of Beneficiary, (i) remove from the Mortgaged
<br />Property any fixtures or Personal Property covered by this Deed of Trust except such as is
<br />replaced by Grantor by an article of equal suitability and value, owned by Grantor, free and clear
<br />of any lien or security interest (except that created by this Deed of Trust), or (ii) make any
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