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-s- 2000v4084 Lease relating to insurance shall prevail over the terms of this Deed of Trust or the Loan Agreement with respect to the Premises. 3.2 , Taxes. To pay, when due according to law, all taxes, assessments and other charges which are now due or may hereafter be imposed or assessed upon the Premises or any part thereof or that may be imposed or assessed against the holder of this Deed of Trust and the Notes by reason of ownership thereof by any authority, be it federal, state, county or city, provided, however, Trustor shall have the right to contest the validity of any tax owed on the Premises or any part thereof by timely and appropriately proceedings so long as Trustor shall (a) give Beneficiary written notice of Beneficiary's intention to contest; (b) diligently prosecute any such contest; (c) provide Beneficiary with evidence satisfactory to Beneficiary, in its reasonable discretion, that the governmental body imposing the tax has effectively stayed or waived its right to impose a lien on the Premises as a result of Trustor's failure to pay such taxes or that such right is otherwise stayed or waived during such contest; (d) all times effectively stay or prevent any official or judicial sale of the Premises; and (e) establish reasonable reserves for the taxes being contested if Beneficiary reasonably determines such reserves to be necessary. Upon the failure of Trustor to properly pay such taxes, assessments and other charges, if such taxes, assessments or other charges are not contested as set forth in the immediately preceding sentence, Beneficiary shall have the option to pay and discharge the same without notice to Trustor, and any sum so expended by Beneficiary, shall at once become indebtedness owing from Trustor to Beneficiary, shall be immediately due and payable by Trustor with interest thereon to the extent legally enforceable at the Default Rate (as defined in the Loan Agreement) and shall together be added to the Indebtedness Hereby Secured. Upon the request of Beneficiary, Trustor will promptly provide Beneficiary with evidence of payment of the above taxes, assessments and other charges imposed or assessed upon the Premises. Notwithstanding anything to the contrary herein, (i) the covenant in this Section 3.2 shall be deemed satisfied provided Trustor pays (or contests) all taxes, assessments and other charges as required or permitted under the terms of the Lease and (ii) in the event of a conflict of terms, the terms of the Lease relating to taxes, assessments and other charges shall prevail over the terms of this Deed of Trust or the Loan Agreement with respect to the Premises. Anything in this Section to the contrary notwithstanding, the foregoing provisions of this Section shall not apply to any taxes charged upon or by reference to the overall net income, profits or gains of Lenders. 3.3 Tax and Insurance Escrow Deposits. In the event of either (1) Trustor's failure to pay all taxes and assessments pursuant to Section 3.2 herein or failure to maintain insurance in accordance with the terms of Section 3.1 herein, or; (2) an Event of Default occurs under the Notes, this Deed of Trust, the Leasehold Mortgages or any of the Loan Documents, Trustor shall, at Beneficiary's request, pay to Beneficiary monthly on or before the first day of each month, an amount equal to 1 /12th of the annual premiums for the insurance policies referred to hereinabove and the annual real estate taxes, assessments, charges or claims, and any other items which at any time may be or become a lien upon the Premises prior to the lien of this Deed of Trust. The amounts so paid shall be security for the insurance premiums, real estate taxes and other items and shall be LEASEHOLD DEED OF TRUST 692960.5