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11 <br />2015020'75 <br />or premium for Insurance is due and shall be applied by Beneficiary, to the payment of <br />taxes and premiums for Insurance. Borrower shall furnish to Beneficiary with evidence <br />of the taxes and premiums for Insurance no later than thirty (30) days prior to the last <br />date on which the same are due and payable without penalty or premium of any kind. If <br />the Deposits then in the Deposit Account shall not be sufficient to pay all the taxes and <br />premiums for the Insurance when the same shall become due, then Borrower shall <br />immediately deposit in the Deposit Account an amount equal to the deficiency. If the <br />total of the Deposits exceeds the amount required to pay the taxes and premiums for the <br />Insurance, such excess shall be held and credited against the obligation to make <br />subsequent Deposits. <br />(d) Subject to the provisions of subparagraph (e) of this Section 1.10, Trustor <br />covenants to furnish Beneficiary within thirty (30) days after the date upon which any <br />such Imposition is due and payable to Trustor, official receipts of the appropriate taxing <br />authority, or other proof satisfactory to Beneficiary, evidencing the payment thereof. <br />(e) Subject to the applicable state law provisions, Trustor shall have the right <br />before any delinquency occurs to contest or object to the amount or validity of any <br />Imposition by appropriate legal proceedings, but this shall not be deemed or construed in <br />any way as relieving, modifying or extending Trustor's covenant to pay any such <br />Imposition at the time and in the manner provided in this Section 1.10, unless Trustor has <br />given prior written notice to Beneficiary of Trustor's intent to so contest or object to an <br />Imposition, and unless, at Beneficiary's sole option: (i) Trustor shall demonstrate to <br />Beneficiary's satisfaction that the legal proceedings shall conclusively operate to prevent <br />the sale of the Mortgaged Property, or any part thereof to satisfy such Imposition prior to <br />fmal determination of such proceedings; (ii) if required by Beneficiary, Trustor shall <br />furnish a good and sufficient bond or surety as requested by and reasonably satisfactory <br />to Beneficiary; and (iii) Trustor shall have provided a good and sufficient undertaking as <br />may be required or permitted by law to accomplish a stay of such proceedings. <br />(f) Trustor covenants and agrees not to suffer, permit or initiate the joint <br />assessment of the Property and Personal Property, or any other procedure whereby the <br />lien of the Property taxes and the lien of the Personal Property taxes shall be assessed, <br />levied or charged to the Mortgaged Property as a single lien. <br />Section 1.11 Utilities. Trustor shall pay when due all utility charges which are incurred <br />for the benefit of the Mortgaged Property or which may become a charge or lien against the <br />Mortgaged Property for gas, electricity water or sewer services furnished to the Mortgaged <br />Property and all other assessments or charges of a similar nature, whether public or private, <br />affecting the Mortgaged Property or any portion thereof, whether or not such taxes, assessments <br />or charges are liens thereon. <br />Section 1.12. Actions Affecting Mortgaged Property. Trustor shall appear in and <br />contest any action or proceeding purporting to affect the title of Trustor in the Mortgaged <br />Property or security hereof or the rights or powers of Beneficiary or Trustee; and Trustor shall <br />pay all costs and expenses, including cost of evidence of title and reasonable attorneys' fees, in <br />any such action or proceeding in which Beneficiary or Trustee may appear. <br />