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<br />said moneys, may be used and applied at the option of Trustee either for the purpose of paying the cost of
<br />repair, restoration or replacement of the Property damaged or destroyed, or applied to the payment, of the
<br />Obligations secured hereby. Notwithstanding the provisions of this Section and provided that no Event of
<br />Default shall then exist, and Grantee determines that the work required to complete the repairs or
<br />restoration of the Property can be completed no later than March 1, 2008 or such earlier date of no later
<br />than six (6) months prior to the effective termination date of the Letter of Credit, Grantor may retain the
<br />proceeds from any indemnified damage or destruction of not more than Two Hundred Fifty Thousand
<br />Dollars ($250,000.00) for purposes of repair or replacement in such manner as Grantor shall determine.
<br />6.14 Failure to Perform. In the event Grantor shall fail to keep and perform any
<br />covenant, agreement, condition, promise or undertaking herein contained, then Grantee may, at its option,
<br />(a) pay any delinquent tax or other assessment, or purchase any tax title obtained or that shall be obtained
<br />thereon; (b) pay or compromise any and all suits or claims for liens or any other claims that may be made
<br />against the Property; (c) make repairs upon the Property; (d) pay any other expenses necessary to the
<br />management of the Property; or (e) pay insurance premiums on policies covering the Property; and Grantor
<br />further covenants and agrees to repay forthwith, on demand, all moneys paid for any such purpose and any
<br />other moneys advanced by Grantee to protect the lien of this Deed of Trust, with interest thereon from the
<br />date of the payment at the Default Rate, and all such moneys shall, if not otherwise repaid, become so much
<br />additional indebtedness secured by this Deed of Trust and be included in any decree foreclosing this Deed
<br />of Trust and shall be paid out of the proceeds of sale of the Property. It shall not be obligatory upon
<br />Grantee to inquire into the validity of any such tax deed, or of sale or of forfeitures therefor, or claims of
<br />liens or claims affecting the Property before advancing money in that behalf, as herein authorized, but
<br />nothing herein contained shall be construed as requiring the Grantee to advance or expend any moneys for
<br />any purpose aforesaid nor shall any such payments or advancements be construed so as to in any way limit
<br />or impair the right of Grantee to avail itself of such default by taking such action at law or in equity as it
<br />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, amending
<br />or modifying the transaction contemplated hereby, including but not limited to Grantee's legal fees, the cost
<br />of recording all instruments, the cost of preparing all surveys, inspections (including any environmental
<br />audit) and appraisals, and all title company charges and any mortgage taxes of any kind that are now or
<br />hereafter due in connection with recording this Deed of Trust. All fees, costs and expenses allowable
<br />pursuant to the provisions hereof shall be additional indebtedness secured hereby and shall be a charge upon
<br />said Property and shall constitute a lien thereon prior and paramount to the Obligations and debt secured
<br />hereby, and shall be provided for in any judgment or decree entered in any such proceedings. Subject to
<br />Section 5.04(b)(2) of this Deed of Trust, there shall be included in any decree foreclosing the lien of this
<br />Deed of Trust and be paid out of the proceeds of any sale made in pursuance of any such decree in the
<br />following order: (a) all costs of such suit or suits, advertising, sale and conveyance, reasonable attorneys'
<br />fees of attorneys for Grantee and Trustee, stenographers' fees, outlays for documentary evidence and costs
<br />of abstract and examination of title, title opinions and title guaranty. policies; (b) all moneys advanced by
<br />Grantee for any purpose authorized herein, with interest on such advances at the Default Rate; (c) all the
<br />accrued interest remaining unpaid on the indebtedness hereby secured; (d) all amounts under the Obligations
<br />at such times remaining unpaid. The remaining proceeds of the sale, if any, shall then be paid to Grantor
<br />or to whomever shall be lawfully entitled. In case, after legal_ proceedings are instituted to foreclose the
<br />lien of this Deed of Trust, tender is made of the entire indebtedness due hereunder, Grantee and Trustee
<br />shall be entitled to reimbursement for expenses incurred in connection with such legal proceedings,
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