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<br />Mr- 1419344
<br />had been taken.
<br />38. Recording and Filing. Trustor, at its expense, shall
<br />cause this Deed of Trust and all amendments and supplements thereto
<br />at all times to be recorded and filed and re- recorded and re -filed
<br />in such manner and in such places as Beneficiary shall reasonably
<br />request, and Trustor shall pay all such recording, filing, re -.
<br />recording and re- filing taxes, fees and other charges.
<br />39. Loan ZXpenses. Trustor shall pay all costs and expenses
<br />:1n connection with the preparation, execution, delivery and
<br />.,-,performance of this Deed of Trust, the Related Loan Instr=ents,
<br />`and all other docamentatien evidencing and securing; tke
<br />ek:'ted�ess„ , ; . . „ feeinclti .dx,,�L se4.ggt__ :
<br />' its. nd Be efcjCz "s rs:rts i,. h ciL , ee , . cif
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<br />-inspectiqn ] mpl,i�I
<br />. , . `CO$ts aii "exim, s
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<br />apps is , PC i "fee ;•t34` tLa s nsuran ate t:���r� , ct�,it�1.�+`ix1-�
<br />xami aiticn ariCaa�' iAbi
<br />,
<br />:: insure ce, arid busineis" �.r�:t stption and io as of rents insurance.
<br />Vhe maximum amount for whic)r> ".'At6tor shall be responsible for the
<br />fees and costs of the'apprdi44.k shall be the sum of $20500.00. In
<br />this connection, Trustor agrees that it shall cooperate and assist
<br />the appraiser in all reasonable respects, including furnishing the
<br />existing appraisal to the appraiser, and assisting the appraiser
<br />with travel needs through the use of Trustor's airplane. The
<br />maximum amount for which Trustor shall be responsible for
<br />attorneys' fees of Beneficiary shall be the sum of $2,000.00, plus
<br />j
<br />reasonable fees, if any, relating to assuring reasonably clear
<br />title of the Trustor to the Land. Provided, however, that the
<br />{{ 3
<br />dollar limitation of the foregoing two (2) sentences shall apply
<br />Lam_
<br />only up to and including fte date of closing of the loan.
<br />w
<br />40. No Representatiez:t by Beneficiary. By accepting or
<br />approving anything required to be observed, performed or fulfilled,
<br />or to be given to Beneficiary pursuant to this Deed of Trust,
<br />including, but not limited to, any officer's certificate, balance
<br />sheet, statement of profit and loss or other financial statement,
<br />survey, appraisal or insurance policy, Beneficiary shall not be
<br />deemed to have warrr-nted or represented the sufficiency, legality,
<br />effectiveness or legal effect of the same, or of airy, term,
<br />provision or condition thereof, and such acceptance or approval
<br />thereof shall not be or constitute any warranty or represierAation
<br />'
<br />.with respect thereto by Beneficiary.
<br />41. Tae on Indebtedness or Dead of Trust. In the event of
<br />the passage, after the date of this Deed of Trust, of any law
<br />deducting from the value of and, for the purposes of taxation, any
<br />lien thereon, or imposing upon Beneficiary the obligation to pay
<br />the whole, or any part, of the taxes or assessments or charges of
<br />liens herein required to be paid by Trustor, or changing in any way
<br />the laws relating to the taxation of deeds of trust or debts as to
<br />affect this Deed of Trust or the indebtedness, the entire unpaid
<br />balance of the indebtedness shall, at the option of Beneficiary,
<br />after thirty (30) days written notice to Trustor, become due and
<br />payable; provided, however, that if, in the opinion of
<br />Beneficiary's counsel, it shall be lawful for Trustor to pay such
<br />taxes, assessments, or charges, or to reimburse Beneficiary
<br />therefor, then there shall be no such acceleration of the time for
<br />payment of the unpaid balance of the indebtedness Inotwithstanding
<br />the provisions of subsection (i) of section 33 hereof) if a
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<br />mutually satisfactory agreement for reimbursement, in writing, is
<br />'
<br />executed by Trustor and delivered to Beneficiary wit�,in the
<br />aforesaid period.
<br />42. BurwLval of Rarratwties and Cova na zts. The warranties,
<br />representat irp2s, covenants-and agreements set fort —h in this Deed of
<br />Trust- shall s;;rvive tha raking of the loan and the execution an
<br />deli�fissi^lr of each of the Related Loan Instruments, and, except as
<br />a•
<br />D: \LOANDOC \HEALTH.DOT
<br />April 10, 1989 22
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