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200109054
<br />not be obligatory upon Grantee to inquire into the validity of any such tax deed, or of sale or of forfeitures
<br />therefor, or claims of liens or claims affecting the Property before advancing money in that behalf, as
<br />herein authorized, but nothing herein contained shall be construed as requiring the Grantee to advance or
<br />expend any moneys for any purpose aforesaid nor shall any such payments or advancements be construed
<br />so as to in any way limit or impair the right of Grantee to avail itself of such default by taking such action
<br />at law or in equity as it may deem necessary or advisable to enforce the security hereby given it.
<br />6.15 Fees and Expenses. Grantor agrees to pay all costs associated with closing,
<br />amending or modifying the transaction contemplated hereby, including but not limited to Grantee's legal
<br />fees, the cost of recording all instruments, the cost of preparing all surveys, inspections (including any
<br />environmental audit) and appraisals, and all title company charges and any mortgage taxes of any kind
<br />that are now or hereafter due in connection with recording this Deed of Trust. All fees, costs and
<br />expenses allowable pursuant to the provisions hereof shall be additional indebtedness secured hereby and
<br />shall be a charge upon said Property and shall constitute a lien thereon prior and paramount to the
<br />Obligations and debt secured hereby, and shall be provided for in any judgment or decree entered in any
<br />such proceedings. Subject to Section 5.04(b)(2) of this Deed of Trust, there shall be included in any
<br />decree foreclosing the lien of this Deed of Trust and be paid out of the proceeds of any sale made in
<br />pursuance of any such decree in the following order: (a) all costs of such suit or suits, advertising, sale
<br />and conveyance, reasonable attorneys' fees of attorneys for Grantee and Trustee, stenographers' fees,
<br />outlays for documentary evidence and costs of abstract and examination of title, title opinions and title
<br />guaranty policies; (b) all moneys advanced by Grantee for any purpose authorized herein, with interest on
<br />such advances at the Default Rate; (c) all the accrued interest remaining unpaid on the indebtedness
<br />hereby secured; (d) all amounts under the Obligations at such times remaining unpaid. The remaining
<br />proceeds of the sale, if any, shall then be paid to Grantor or to whomever shall be lawfully entitled. In
<br />case, after legal proceedings are instituted to foreclose the lien of this Deed of Trust, tender is made of the
<br />entire indebtedness due hereunder, Grantee and Trustee shall be entitled to reimbursement for expenses
<br />incurred in connection with such legal proceedings, including such expenditures as are enumerated above,
<br />and such expenses shall be so much additional indebtedness secured by this Deed of Trust, and no such
<br />suit or proceedings shall be dismissed or otherwise disposed of until such fees, expenses and charges shall
<br />have been paid in full.
<br />6.16 Power of Attorney. Grantor grants to Trustee and Grantee an irrevocable power of
<br />attorney coupled with an interest for the purpose of exercising and perfecting any and all rights and
<br />remedies available to Grantee or Trustee at law and in equity and pursuant to this Deed of Trust.
<br />6.17 Further Acts. Grantor will, at the cost of Grantor, and without expense to Grantee
<br />or Trustee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances,
<br />deeds of trust, mortgages, assignments, notices of assignments, transfers and assurances as Grantee shall,
<br />from time to time, require, for the better assuring, conveying, assigning, transferring, and confirming unto
<br />Grantee the Property and rights hereby mortgaged, given, granted, bargained, sold, conveyed, confirmed,
<br />pledged, assigned and hypothecated or intended now or hereafter so to be, or which Grantor may be or
<br />may hereafter become bound to convey or assign to Trustee or Grantee, or for carrying out the intention
<br />or facilitating the performance of the terms of this Deed of Trust or for filing, registering or recording this
<br />Deed of Trust and, on demand, will execute and deliver and hereby authorizes Grantee to execute in the
<br />name of Grantor or without the signature of Grantor to the extent Grantee may lawfully do so, one or
<br />more financing statements, chattel mortgages or comparable security instruments, to evidence more
<br />effectively the lien hereof upon the Property.
<br />6.18 Actions and Proceedings. Grantee or Trustee shall have the right to appear in and
<br />defend any action or proceeding brought with respect to the Property and to bring any action or
<br />proceeding, in the name and on behalf of Grantor, which Grantee or Trustee, in its or his sole discretion,
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