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2� 1 ��7977 Conn�ction therewi�h so that such replacement ar rest�ration shall �e sa completed that th� p�rtion of the Trust Estate so replaced ar r�stored shall be free and clear of a11 Liens, except far Permitted Encumbrances. At the request of the Beneficiary, the Grant�r shal� exercxse such rights and remedies whi�h �t may ha�e under any �nsurance po�icy or f�de�xty �ond and vvhi�h may be designated by the B enefi�iary, and the �rantor hereby irre�ocal�Xy appoints the Beneficiary as its agent to e�ercise such rights and remedies under any xnsurance policy or b�nd as the Beneficxary may choose, and the Grantor sha11 pa�r a1X reasanable costs and expenses incurred by the Benef�c�ary in connect�an with such exer�xs�. Sectian 3.�9. Senef�c�ary Right to Expend Money to Pratect Trust Estate. From time to time, the Beneficiary may, in its so�e discretion, but shall not be �bXxgated to, advance funds on behalf of th.e �rantar, in order ta ensure campliance wxth any co�enan� ar agreement of the Crrantar made in or pursuant to this Deed af Trust ar any of the Lease I]ocuments, to preserve or pratect any right or xnterest of the Beneficxary in the Trust Estate or under or pursuant to this Deed of Trust or any af the Lease I]�cuments, inciud�ng, withaut lxmitation, the payment of any xnsurance premiums or ta�es and �he satisfact�on or discharge of any judgment or any Lien up�n �he Trust Estate or oth�r property or assets af the �rantor �other than P�rm�tted Encumbranc�s}; pr�vxded, h�we�er, that the mal�ing �f any such advance by the Beneficxary shal� not c�nstitute a wa�ver by the Beneficiary of any E�ent of I]efauXt with respect to whi�h such ad�ance is made nor excuse the �rantor fram any performance required hereunder. The Grantor shall pay to the Beneficiary upon demand al� such ad�anc�s made by the Bene�iciary wzth interest therean at a rate equal at a11 times ta 4�a per annum abo�e the Benefx�iary's "CoB ank B ase Rate." For purpos�s hereof, the CoBank $ase l�ate shal� mean the rate af interest established by the Benef�cxary from txme to txme as its �oBank Base Rate, which rate�s in�ended by the Ben�ficxary t� b� a reference rate and not its �owest rate. A11 such advan�es an.d a�crued xnterest shal� be secured by this I]eed of Trust. Secti�n 3.1�. Further Assurances. Upon the r�quest of the Benefx�iary, the �rantar shalX prom�tXy do a�.X a�ts and things, xncluding the execut�an, acknowledgment and deXx�ery af such am�ndments thereto and other xnstruments and documents as the Benef�ciary may request, to enabXe the Benefic�ary to perfe�t and main�ain the Lxen of this Deed of Trust andl�r the Beneficiary's rights and remedies hereunder. The Grantor shali notify the Benefxciary promptly upon the acquisit�on of any fee ar �easeha�d estate in real property and, to the �xtent required und�r the Lease Documents, shal� execute and record such amendments or supp�em�nts ta this D�ed �f Trust or ather do�uments or�nstrumen�s as are ne�essary or appropr�ate to subject such real property to �he Lxen of this I]eed of Trust and shall de��er such e�ecuted and recorded amendments or suppXements or other documents or xnstruments to the B eneficxary. In the e�ent th� �rantor fails to take any act�on required under this Section 3.1�, the Benefic�ary may take any su�h actxon and mal�e, execute and record any such instruments and documents for and in the nam�of the �'rrantor, and the Grantor hereby irrevocably appoints the Benefxciary as its attorney- xn-fact to take such actxons, which appointment is coupled wxth an interest and i�rre�ocable. Section 3.11. C�ndemnati�n, Etc. In the e�ent that the Trust Esta�e or any parr there�f shall be �aken under the power of eminent domain or like power, then, unl.ess the Benefxciary oa�-oo�s�6�-o�o � FCL NE 2109