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<br />3.8 Actions by Lender or Trustee. If Trustor fails to make any payment or to do any act required hereby,
<br />Lender or Trustee may, each in its sole discretion, but without obligation so to do, without releasing Trustor from
<br />any obligation, and with only such notice to or demand upon Trustor as is reasonable under the circumstances, but in
<br />no event exceeding five days' prior written notice, make or do the same in such manner and to such extent as Lender
<br />or Trustee may deem necessary or appropriate, including: (a) entering upon and taking possession of the Trust
<br />Estate and otherwise exercising its rights and remedies hereunder and under the other Loan Documents; (b) taking
<br />such actions and making such additions, alterations, repairs and improvements to the Trust Estate as Lender or
<br />Trustee reasonably may consider necessary or appropriate to keep the Trust Estate in good condition and repair or
<br />otherwise to protect the value or security of any of the Trust Estate, including payment of Impositions and insurance
<br />premiums; and (c) taking such actions as Lender or Trustee reasonably may consider necessary or appropriate to
<br />protect the priority, validity and enforceability of the lien of this Deed of Trust on the Trust Estate. Trustor shall,
<br />immediately upon demand by Lender or Trustee, as the case may be, pay to Lender or Trustee all amounts expended
<br />by Lender or Trustee, including all costs and expenses reasonably incurred by Lender or Trustee in connection with
<br />the exercise by Lender or Trustee of the foregoing rights (including costs of evidence of title, court costs, appraisals,
<br />surveys, fees of receivers, and reasonable attorneys' fees), together with interest at the rate of 10% on such amounts
<br />from the date incurred until paid.
<br />3.9 Prohibited Transactions. In order to induce Lender to make the Loan, Trustor agrees that, upon the
<br />occurrence of a Prohibited Transaction (as defined in the Loan Agreement) without the prior written consent of
<br />Lender, in Lender's sole discretion, Lender shall have the absolute right, at its option, without prior demand or
<br />notice, to declare all sums secured hereby immediately due and payable. In connection with any request for consent
<br />to a Prohibited Transaction, Trustor agrees to pay Lender such fees and other amounts as Lender may require, as
<br />consideration to Lender in connection with, and as a condition precedent to, any such matter.
<br />3.10 No Liens or Encumbrances. Trustor covenants not to grant or suffer to exist, and Trustor covenants to
<br />pay and promptly discharge, at Trustor's sole cost and expense, all Liens upon the Trust Estate, other than Permitted
<br />Exceptions. Trustor covenants to notify Lender immediately in writing of any such Lien. Except as otherwise
<br />provided in this Deed of Trust with respect to Impositions, Trustor may contest in good faith the validity of any
<br />involuntary Lien, provided Trustor shall first deposit with Lender a bond or other security satisfactory to Lender in
<br />such amount as Lender shall reasonably require, but not more than 150% of the amount of the claim, and provided
<br />further that if Trustor loses such contest, Trustor will thereafter diligently proceed to cause such Lien to be removed
<br />and discharged, at Trustor's sole cost and expense. If Trustor fails to remove or discharge any Lien, then, in
<br />addition to any other right or remedy of Lender or Trustee, Lender or Trustee may, after only such notice to Trustor
<br />as may be reasonable under the then existing circumstances, but shall not be obligated to, discharge the same, either
<br />by paying the amount claimed to be due, or by procuring the discharge of such Lien by depositing in a court a bond
<br />or the amount claimed or otherwise giving security for such claim, or by procuring such discharge in such manner as
<br />is or may be prescribed by law. Trustor shall, immediately upon demand therefor by Lender or Trustee, pay to
<br />Lender or Trustee an amount equal to all amounts expended by Lender or Trustee, including all costs and expenses
<br />incurred by Lender or Trustee in connection with the exercise by Lender or Trustee of the foregoing rights, together
<br />with interest thereon from the date of each such expenditure at the rate of 10% per annum. Such costs and expenses
<br />shall be secured by the Liens in favor of Lender, including the lien of this Deed of Trust, and are part of the Secured
<br />Obligations.
<br />3.11 Periodic Appraisals. Lender may require an appraisal of the Premises, or an update to a previously
<br />provided appraisal of the Premises, indicating the present appraised fair market value thereof: (a) if Lender
<br />determines in good faith that an appraisal is required as a result of (i) any law, regulation or guideline or any change
<br />or interpretation thereof; or (ii) any central bank or other fiscal, monetary or other Government Authority having
<br />jurisdiction over Lender or its activities requesting, directing or imposing a condition upon Lender (whether or not
<br />such request, direction or condition shall have the force of law); (b) at any time after the occurrence and during the
<br />continuance of a Default; or (c) at any other time that Lender, in its reasonable discretion deems it appropriate.
<br />Appraisals and updates pursuant to subsections (a) and (b) shall be at Trustor's sole cost and expense. Appraisals
<br />and updates pursuant to subsection (c) shall be at Lender's sole cost and expense; provided, however, that Lender
<br />may charge Trustor for one such appraisal or update for the Premises in each calendar year during the continuance
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<br />4818-7782-1423
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