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<br />the Mortgaged Property unless promptly replaced with like property of at
<br />least equal value.
<br />B. Beneficiary or Trustee, or both, may, at any time and without notice to
<br />Trustor, enter into and upon and inspect the Mortgaged Property, in person
<br />or by agent, in such manner and to such extent as they may deem necessary,
<br />subject to the rights of tenants in possession. In the event that Trustor fails
<br />to maintain the Mortgaged Property in the manner specified herein, after
<br />applicable notice and cure periods, Beneficiary may, at its option, undertake
<br />such repairs or maintenance, for the account of Trustor, as Beneficiary
<br />deems necessary. The cost of any such repairs or maintenance undertaken
<br />by Beneficiary, together with interest thereon at the rate so provided in the
<br />Note, from the date such cost was incurred by Beneficiary until repaid to
<br />Beneficiary, shall become immediately due and payable to Beneficiary,
<br />Beneficiary shall be reimbursed therefor in accordance with the provisions
<br />hereof, and any such amounts that are not promptly reimbursed shall be
<br />added to the Secured Indebtedness. The right of Beneficiary to undertake
<br />such repairs or maintenance shall be optional, and shall in no way limit
<br />Beneficiary's right to declare a default under the Note, this Deed of Trust or
<br />the other Loan Documents for failure to maintain the Mortgaged Property in
<br />accordance with the covenants herein.
<br />Section 2.6 - Alterations and Additions. Trustor agrees that, as to any alteration,
<br />addition, construction or improvement to be made upon the Premises, in accordance with the
<br />Loan Agreement, all plans and specifications therefor shall be approved in writing by
<br />Beneficiary prior to the commencement of work. Once commenced, all work thereunder shall
<br />be prosecuted with due diligence, and all construction thereof will be fully in accordance with
<br />the plans and specifications so approved, and will comply with all laws, ordinances or
<br />regulations made or promulgated by any governmental agency or other lawful authority and
<br />with the rules of the applicable Board of Fire Underwriters. Should Trustor at any time fail to
<br />comply with any governmental notice or demand alleging a failure to comply with any such
<br />plan, specification, law, ordinance or regulation, such failure shall, at Beneficiary's option,
<br />constitute a default hereunder.
<br />Section 2.7 - Status of Title. Trustor represents and warrants that it is the lawful
<br />owner of the Mortgaged Property, that Borrower has good and marketable title to the Land
<br />and any Improvements free and clear of all liens and encumbrances whatsoever, except,
<br />however, for those matters listed as "Permitted Encumbrances" on Exhibit C hereto, and that
<br />Trustor has full right, power and authority to convey and mortgage the same and to execute
<br />this Deed of Trust. Trustor agrees to protect, preserve and defend its interest in the
<br />Mortgaged Property and title thereto; to appear and defend this Deed of Trust in any action or
<br />proceeding affecting or purporting to affect the Mortgaged Property, the lien of this Deed of
<br />Trust thereon, or any of the rights of either Trustee or Beneficiary hereunder; and to pay all
<br />costs and expenses incurred by either Trustee or Beneficiary in or in connection with any such
<br />action or proceeding, including but not limited to Beneficiary's legal fees and costs; whether
<br />any such action or proceeding progresses to judgment and whether brought by or against
<br />Trustee or Beneficiary. Beneficiary or Trustee, as the case may be, shall be reimbursed for
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