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��15�� ARTf�LE IV. RIGHTS AND DUTIES �F THE PARTIES 4.1 Tifle. Trustvr warrants that, except as disclosed #o Beneficiary prior to the date hereof�n a writing which refers to this warranty, Trus#or�awfully�ossesses and hoids fee simple t�tle to, or�f perm�tted by Benef�ciary in wri�ing a i�asehold interest in, the Subject Property withou#limitati�n on �he right to encumber, as her�in pro��ded, and that�his Deed of Trust is a�al�d lien on the Sub�ect Property and all of Trustor's interest ther�in. 4.2 Taxes and Assessments. Subjec�to the right of Trustor t�contest payment of the following pursuant to Section 4.7 of the Credit Agreement�as defined in Sec#ivn 5.1 below}, Trustvr shall pay prior tv de�inquency a11 taxes, assessments, le�ies and charges imp�sed: �a} by any publiG or quasi-public authority or util�ty company which are or which may become a lien upvn or caus�a Ioss in rralue�f the Subject P�oper�y or any interes�the�ein; vr�b} by any public author�ty upon Beneficiary by reasvn of i�s interesf in any Secur�d �bligat�vn or in th�Subject Property, or by reason of any payment mad�to Beneficiary pursuan#to any Secured �bligation; pra�ided however, that Trus#or shall ha�e no oblfgation to pay any income taxes of Beneficiary. Prompt�y upon request by Beneficiary, Trustor shall furnish tv 8eneficiary sat�sfactory��idence of the payment of a11 of the foregoing. Beneficiary is hereby author�zed to request and recei�e from the respvnsible gn�e�nmental and non-go�ernmental personnel writ�en statem�nts with respec#ta the accrual and paym�nt of any af the fvregoing. 4.3 P�rformance of Secured �b�i�ations. Trustor shali promptly pay and perfo�m each 5ecured �bligation when due. 4.4 Liens, Encumbrances and �harges. Trustor shall immediately discharge any fien on�he Subject Praper�y nat appro�ed by Beneficiary in writing. Except as otherwise prv��ded in any 5ecured �hliga#ivn or�ther agre�ment with Beneficiary, Trustnr shal� pay when due all vbligat�ons secured by or reducible t� liens and encumbrances which sha�l now or h�reafter encumber#he Su�jecf Property, wheth�r senior vr subvrdinate heretv, including without limitation, any mechanics' liens. 4.5 lnsurance. Trustor shali insure the Sub��ct Property against loss ar damage by fire and such other risks as Beneficiary shall from time to time require. Trustor shall carry public liability insurance, flood insurance as required by applicable law and such other insurance as Beneficiary may reasonably require, including wi�hout limita#ion, terrorism, business interruption insurance or ioss of rental va�ue insuranc�. Trustar shall main#ain a�l required insurance at Trustor's expense, under policies issued by �ompanies and in form and substance satisfact�ry#o Beneficiary. Neither Beneficiary nor Trus#ee, by reason af accepting, reje�ting, apprv�ing or�btaEning insurance, shall incur any liabiiity for: �a}the existence, nonexistence, farm ar legal sufficiency thereof; �b}the sol�ency of any insurer; vr�c}the payment of Ivsses. A�I pvlicies and ce�#Eficates vf insurance shall name Ben�ficiary as mortgagee and loss payee, an� shall pro�ide tha#the insurance cannot b�#erm�na#ed as to Beneficiary except upvn a minimum of ten ��}days' prior►rvritten na�ice to Beneficiary. immediately upon any request by B�neficiary, Trustor shall deli�er to Beneficiary the ariginal vf all such pv�icies ar ce�-fificates, with receipts evidencing annua� prepayment of the premiums. 4.G Tax and Ensurance Impvunds. At Beneficiary's opfivn and upon its demand, Trustor shall, un��! alf 5ecur�d �bligatians ha�e been paid in full, pay to Beneficiary in ad�ance mon#hly, annua�ly or as o#herwise directed by Beneficiary an amount es#imated by Beneficiary fio be equal #v: �a}ai! taxes, assessments, le�ies and charges imposed by any public or quasi-public au�hority or utiCity company which ar�or may become a lien upon the 5ubject Property and►►vi[I become due for the tax year durin�which such payment is so direc#ed; and �b} premiums for fire, other hazard and mortga�e insuranc� next due. !f Benef�c�ary determin�s tha�amounts paid by Trus�or are insufficient for the paymen�in full of such taxes, assessments, le�ies andlor insurance prem�ums, Beneficiary shall notify Trustar of the increased amount required for the payment thereof r►vhen due, and Trustor shall pay to Beneficiary such addi#iona! amvunt within thirty�3D} days after notice from Beneficiary. All amaunts sv paid shall not�ear interest, except to -5-