|
201203748
<br />by Beneficiary to protect the lien or the security interest hereunder against the rights or interests
<br />of third persons; and (iii) provide such certificates, documents, reports, information, affidavits
<br />and other instruments and do such further acts as maybe necessary, desirable or proper in the
<br />reasonable determination of Beneficiary to enable Beneficiary to comply with the requirements
<br />or requests of any agency having jurisdiction over Beneficiary or any examiners of such agencies
<br />with respect to the Obligations, Grantor or the Mortgaged Property. Grantor shall pay all costs
<br />connected with any of the foregoing, -%khich shall be an Obligation owing by Grantor (which
<br />Grantor hereby promises to pay on demand of Beneficiary) to Beneficiary pursuant to this Deed
<br />of Trust.
<br />(n) Fees and Expenses. Without limitation of any other provision of this Deed of
<br />Trust or of any other Credit Document and to the extent not otherwise prohibited by applicable
<br />law, Grantor will pay, and will reimburse to Beneficiary on demand to the extent paid by
<br />Beneficiary and reasonably required by Beneficiary: (i) all reasonable appraisal fees, filing and
<br />recording fees, taxes, brokerage fees and commissions, abstract fees, title search or examination
<br />fees, title policy and endorsement premiums and fees, Uniform Commercial Code search fees,
<br />escrow fees, reasonable attorneys' fees, architect fees, construction consultant fees,
<br />environmental inspection fees, survey fees, and all other out-of-pocket costs and expenses of
<br />every character incurred by Grantor or Beneficiary in connection with the preparation of the
<br />Credit Documents, the evaluation, closing and funding of the loans evidenced by the Credit
<br />Documents, and any and all amendments and supplements to this Deed of Trust or any other
<br />Credit Documents or any approval, consent, waiver, release or other matter requested or required
<br />hereunder or thereunder, or otherwise attributable or chargeable to Grantor as owner of the
<br />Mortgaged Property; and (ii) all reasonable costs and expenses, including reasonable attorneys'
<br />fees and expenses, incurred or expended in connection with the exercise of any right or remedy,
<br />or the enforcement of any obligation of Grantor hereunder or under any other Credit Document.
<br />(o) Books and Records, Inspection. Grantor will keep, and will allow Beneficiary at
<br />reasonable times to inspect, complete and accurate books and records with regard to the
<br />Mortgaged Property. All books and records relating to the Mortgaged Property shall at all times
<br />be located at Grantor's address set forth in Section 6.26 or such other location agreeable to
<br />Beneficiary. Grantor shall be permitted to inspect the Mortgaged Property, from time to time,
<br />upon reasonable prior notice to Beneficiary.
<br />(p) Taxes on this Deed of Trust. In the event of the enactment after this date of any
<br />law of any governmental entity applicable to Beneficiary, any promissory note given in
<br />connection therewith, the Mortgaged Property or this Deed of Trust deducting from the value of
<br />Mortgaged Property for the purpose of taxation any lien or security interest thereon, or imposing
<br />upon Beneficiary the payment of the whole or any part of the taxes or assessments or charges or
<br />liens herein required to be paid by Grantor, or changing in any way the laws relating to the
<br />taxation of mortgages or security agreements or debts secured by mortgages or security
<br />agreements or the interest of the Beneficiary or secured party in the Mortgaged Property covered
<br />thereby, or the manner of collection of such taxes, so as to affect this Deed of Trust, the
<br />Obligations or Beneficiary, then, and in any such event, Grantor, upon demand by Beneficiary,
<br />shall pay such taxes, assessments, charges or liens, or reimburse: Beneficiary therefor, provided,
<br />however, that if in the opinion of counsel for Beneficiary (i) it might be unlawful to require
<br />Bolton Farm - Loan 195618 Page 13 of 31
<br />JM MDAI 1095245 v1
<br />0-0 05/03/2012
<br />
|