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<br />used in payment thereof, if Trustor is not otherwise in default hereunder. However, if pursuant to
<br />any provision of this Deed of Trust or the Notes, the whole amount of the unpaid principal debt
<br />becomes due and payable, Beneficiary shall have the right, at its election, to apply any amount so
<br />held against theentire Indebtedness Hereby Secured. At Beneficiary's option, Beneficiary from time
<br />to time may waive, and after any such waiver, may reinstate the provisions of this section requiring
<br />the monthly payments prescribed herein. Notwithstanding anything to the contrary herein, (i) the
<br />covenant in this Section 3.3 shall be deemed satisfied provided Trustor complies with the terms of
<br />the Lease regarding taxes and assessments, escrow deposits and tax and insurance impounds and (ii)
<br />in the event of a conflict of terms, the terms of the Lease relating to taxes, assessments, escrow
<br />deposits and tax and insurance impounds shall prevail over the terms of this Deed of Trust or the
<br />Loan Agreement with respect to the Premises.
<br />3.4 Condition of Property-, with Law; Waste. To keep the Premises in
<br />good condition and repair and to make, or cause to be made subject to the terms of the Lease, all
<br />structural and nonstructural repairs and maintenance necessary and to cause all repairs and
<br />maintenance to be done in a good and workmanlike manner; not to commit or permit waste on the
<br />Premises or remove or permit the removal of any building, improvement or fixture from the
<br />Premises; not to perform or permit any act which may in any way impair the value of the Premises
<br />or allow changes in the use for which the Premises was intended at the time this Deed of Trust was
<br />executed. Notwithstanding anything to the contrary herein, (i) the covenant in this Section 3.4 shall
<br />be deemed satisfied provided Trustor keeps the Premises in such condition, performs such repairs
<br />and maintenance of the Premises and complies with all laws as required or permitted under the terms
<br />of the Lease, and (ii) in the event of a conflict of terms, the terms of the Lease relating to the
<br />condition of the property, compliance with laws and waste shall prevail over the terms of this Deed
<br />of Trust or the Loan Agreement with respect to the Premises.
<br />3.5 Condemnation. To promptly notify Beneficiary of any action or proceeding
<br />relating to any condemnation or other taking, whether direct or indirect of the Premises, or part
<br />thereof, and, subject to the terms of the Lease, Trustor shall appear in and prosecute any such action
<br />or proceedings unless otherwise directed by Beneficiary in writing. Subject to the terms of the
<br />Lease, the proceeds of any award, payment or claim for damages, direct or consequential, in
<br />connection with any condemnation or other taking, whether direct or indirect, of the Premises or any
<br />part thereof, or for conveyance in lieu of condemnation, are hereby assigned to and shall be paid to
<br />Beneficiary; and all condemnation money so received may, at the option of Beneficiary (a) be
<br />forthwith applied to the Indebtedness Hereby Secured by Beneficiary in accordance with the terms
<br />of the Loan Agreement, or (b) be paid over wholly or in part to Trustor for the purpose of
<br />completing, altering, restoring, or rebuilding any part of the Premises which may have been
<br />impaired, altered, damaged, or destroyed as a result of any such taking of the Premises, or for any
<br />other purposes satisfactory to Beneficiary. Notwithstanding anything to the contrary herein, (i) the
<br />covenant in this Section 3.5 shall be deemed satisfied provided Trustor complies with the terms of
<br />the Lease regarding casualty and condemnation, and (ii) in the event of a conflict of terms, the terms
<br />LEASEHOLD DEED OF TRUST 692960.5
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