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202206890
<br />(a) Trustor will pay prior to delinquency all real estate taxes, personal property taxes,
<br />special assessments, assessments, charges, fines and impositions imposed upon,
<br />assessed against or otherwise relating to the Property or any part thereof, and any
<br />leasehold payments or ground rents, if any, except no such tax, assessment, charge,
<br />fine or imposition need be paid which is being contested in good faith and by appropriate
<br />legal proceedings and as to which adequate reserves shall have been established, and
<br />as to which no foreclosure, distraint, sale or similar proceedings have commenced.
<br />Trustor will, upon the request of Beneficiary, deliver to Beneficiary receipts evidencing
<br />such payments.
<br />(b) Trustor will pay when due all lawful claims and demands of mechanics,
<br />materialmen, laborers, and others which might result in the creation of a lien on the
<br />Property unless contested in good faith and by appropriate legal proceedings, and as to
<br />which adequate reserves shall have been established
<br />1.05 Conversion of Security. All right, title and interest of Trustor in and to all
<br />extensions, improvements, betterments, renewals, substitutions and replacements of,
<br />and all additions and appurtenances to the Property, hereafter acquired by, or released
<br />to, Trustor or constructed, assembled or placed by Trustor on the Property, and all
<br />conversions of the security constituted thereby, immediately upon such acquisition,
<br />release, construction, assembling, placement or conversion, as the case may be, and in
<br />each such case, without any further deed of trust, conveyance, assignment or other act
<br />by Trustor, shall become subject to the lien of this Deed of Trust as fully and completely,
<br />and with the same effect, as though now owned by Trustor and specifically described in
<br />the granting clause hereof, but at any and all times Trustor will execute and deliver to
<br />Trustee any and all such further assurances, deeds of trust, conveyances or
<br />assignments thereof as Trustee or Beneficiary may reasonably require for the purpose
<br />of expressly and specifically subjecting the same to the lien of this Deed of Trust.
<br />1.06 Security Agreement. This Deed of Trust shall be self -operative and constitute a
<br />Security Agreement under the Uniform Commercial Code of the Governing Jurisdiction,
<br />as amended from time to time, with respect to the Fixtures or any personal property
<br />situated on or associated with the Property; provided, however, Trustor hereby agrees
<br />to execute and deliver on demand and hereby irrevocably constitutes and appoints
<br />Beneficiary the attorney-in-fact of Trustor, to execute, deliver and, if appropriate, to file
<br />with the appropriate filing officer or office such financing statements or other
<br />instruments as Beneficiary may reasonably request or require in order to impose or
<br />perfect the lien or security interest hereof more specifically thereon.
<br />1.07 Compliance with Laws. Trustor will not commit any waste on or of the Property
<br />or make any change in the use of the Property which will in any way increase any
<br />ordinary fire or other hazard arising out of construction of the Improvements or
<br />operation of the Property, nor will Trustor make any application to any federal, state or
<br />local governmental authority ("Governmental Authority") for a change in zoning or a
<br />change in any other law, ordinance, statute, rule, order, decree, directive or regulation
<br />("Laws") affecting the Property nor will Trustor consent to any such change without the
<br />written consent of the Beneficiary, which consent will not be unreasonably withheld.
<br />Trustor will at all times comply with all Laws of any Governmental Authority having
<br />jurisdiction over construction of the Improvements or otherwise affecting the Property
<br />and maintain and keep, or cause to be maintained and kept, the Improvements in good
<br />operating order and condition. After completion of the Improvements, they shall not be
<br />removed, demolished or substantially altered; nor shall any of the Fixtures be removed,
<br />without the prior written consent of Beneficiary, except where appropriate replacements
<br />free of superior title, liens and claims are immediately made having a value at least equal
<br />to the value of the Fixtures so removed.
<br />1.08 Impositions. Trustor shall pay all reasonable costs, fees and expenses of
<br />Trustee, its agents and legal counsel in connection with the performance of its duties
<br />hereunder; and Trustor shall pay all taxes (except federal and state income taxes) and
<br />any other governmental charges or impositions imposed by any Governmental Authority
<br />on Trustee or Beneficiary by reason of their interests in this Deed of Trust.
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