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20130030;
<br />otherwise realize upon the same, at its option, either before, concurrently with or after any sale is
<br />made hereunder.
<br />Section 1.17. Additional Indebtedness. The Trustor shall not further encumber the
<br />Mortgaged Property or any portion thereof (including, without limitation, secured transactions
<br />under the UCC) without the prior written consent of Beneficiary.
<br />Section 1.18. Successors and Assigns. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,
<br />successors and assigns. The covenants and agreements of Trustor contained herein shall apply to
<br />and be binding upon any successor owner of the Mortgaged Property or any part thereof.
<br />Section 1.19. Inspections. Beneficiary, or its agents, representatives or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Mortgaged Property for the
<br />purpose of inspecting the same and all books, records and documents relating thereto, and for the
<br />purpose of performing any of the acts it is authorized to perform under the terms of any of the
<br />Loan Documents.
<br />Section 1.20. Liens. Trustor shall pay and promptly discharge, at Trustor's cost and
<br />expense, all liens, encumbrances and charges upon the Mortgaged Property, or any part thereof
<br />or interest therein. Trustor shall have the right to contest in good faith the validity of any such
<br />lien, encumbrance or charge, provided Trustor shall first deposit with Beneficiary a bond or other
<br />security satisfactory to Beneficiary in such amounts as Beneficiary shall require but not more
<br />than 150% of the amount of the claim plus costs (including attorneys' fees) and interest and
<br />provided further that Trustor shall thereafter diligently proceed to cause such lien, encumbrance
<br />or charge to be removed and discharged. If Trustor shall fail so to discharge any such lien,
<br />encumbrance or charge, then, in addition to any other right or remedy, of Beneficiary,
<br />Beneficiary may, but shall not be obligated to, discharge the same, either, by paying the amount
<br />claimed to be due, or by procuring the discharge of such lien, either, by depositing in court a
<br />bond in the amount claimed or otherwise giving security for such claim, or in such manner as is
<br />or may be prescribed by law. Any cost incurred by Beneficiary in connection with any such
<br />payment or discharge shall be secured hereby and shall be immediately due and payable without
<br />notice or demand.
<br />Section 1.21. Restrictions Affecting Title. Trustor shall perform when due all Secured
<br />Obligations required to be performed by Trustor by the provisions of any agreement affecting
<br />title to the Mortgaged Property.
<br />Section 1.22. Further Assurances. Trustor shall take all action and do all things which
<br />it is authorized by law to take and do, and cooperate with Beneficiary as Beneficiary deems
<br />necessary or desirable, to insure the release of all encumbrances against the Mortgaged Property,
<br />except Permitted Encumbrances, existing prior to the date hereof.
<br />So long as any Secured Obligation shall remain unpaid, Trustor shall execute,
<br />acknowledge, where appropriate, and deliver from time to time promptly at the request of
<br />Beneficiary all such instruments and documents as in the opinion of Beneficiary are necessary or
<br />desirable to preserve the first priority lien created by this Deed of Trust.
<br />Section 1.23. Performance of Covenants. Trustor shall faithfully perform at all times
<br />any and all covenants, undertakings, stipulations and provisions contained in the Loan
<br />Documents and in all of its proceedings pertaining to this Deed of Trust.
<br />Section 1.24. No Event of Default Under Loan Documents. Trustor agrees to notify
<br />Beneficiary immediately in writing of any default by Trustor in the performance or observance
<br />of any covenant, agreement, representation, warranty or obligation of Trustor set forth in this
<br />Deed of Trust. Trustor shall also notify Beneficiary in writing of any event or condition which
<br />with the lapse of time or the giving of notice would constitute an Event of Default.
<br />Section 1.25. Rules, Regulations, Environmental Laws. Trustor represents, warrants
<br />and covenants:
<br />(i) that to the best of its knowledge, the location, construction, occupancy,
<br />operation and use of the Mortgaged Property for its intended commercial and residential
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