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201805013 5. Liens. Trustor shall not create, incur or suffer to exist any lien, encumbrance or charge on the Property or any part thereof which might or could be held to be superior or inferior to the lien of this Deed of Trust, other than current non - delinquent real estate taxes and assessments. Trustor shall pay, when due, the claims of: (i) all persons supplying labor or materials to or in connection with the Property, and (ii) registered or certified surveyors or engineers, or licensed architects, or their professional consultants supplying professional services in connection with the Property. 6. Insurance. Trustor shall maintain insurance on the Property in scope and amount customary and reasonable for the business in which Trustor is engaged, and Beneficiary shall be an additional insured party under the policy granting such insurance. In the event of any loss or damage to the Property, all insurance proceeds paid to Trustor payable as a result thereof shall be payable to Beneficiary and applied to the outstanding Obligations secured hereby. 7. Actions Affecting Property. Trustor shall appear in and contest any action or proceeding purporting to affect the Property or the rights or powers of the Beneficiary or Trustee hereunder, and shall pay all costs and expenses, including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or do any act as and in the manner provided in any of the Loan Documents, Beneficiary and/or Trustee, each in their own discretion, without obligation to do so and after written notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect their respective interest in and to the Property. Trustor shall, immediately upon demand therefor by Beneficiary or Trustee, pay all costs and expenses incurred by Beneficiary or Trustee in connection with the exercise by Beneficiary or Trustee of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees. 8. Condemnation. Should the Property, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding or in any other manner including a deed in lieu of condemnation, or should Trustor receive any notice or other information regarding any such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefore which shall be applied to the outstanding Obligations secured hereby. Beneficiary shall be entitled, at its sole option, to commence, appear in and prosecute in its own name any such action or proceedings. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Condemnation Proceeds ") are hereby assigned to Beneficiary to the extent of the Obligations secured hereby and Trustor shall execute such further assignments of the Condemnation Proceeds as Beneficiary or Trustee may require. Condemnation Proceeds shall be payable to Beneficiary and applied to the outstanding Obligations secured hereby. 9. Leases and Rents. Trustor agrees that Beneficiary has the right to enter the Property for the purpose of enforcing its interest in the Leases and the Rents. Nevertheless, subject to the terms of this Section 9, Beneficiary grants Trustor a limited license to collect the Rents. Trustor shall hold the Rents, or that portion thereof sufficient to discharge all current sums due and unpaid by Trustor under the terms of the Notes, whichever is less, in trust for use in the payment of the Obligations. Upon the occurrence of an Event of Default (as hereinafter defined), Trustor's limited license to collect Rents shall automatically terminate, and any Rents previously collected and in Trustor's possession shall thereafter be held in trust for use in payment of the Obligations. Beneficiary may enter upon the Property, collect and retain the Rents and apply the Rents toward payment of the Obligations in such priority and proportions as Beneficiary in its discretion shall deem proper. Upon request, trustor shall furnish Beneficiary with executed copies of all Leases. In addition, all renewals of Leases and all proposed Leases shall provide for rental rates comparable to existing local market rates (taking into account reasonable free -rent periods or other promotional discounts consistent with local market conditions) and shall be arm's length transactions. 10. Intentionally Omitted 11. Default. Any default of any of the provisions of this Deed of Trust by Trustor or any default under and as defined in any other Loan Document shall constitute an event of default (an "Event of Default ") under this Deed of Trust. 3