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202300986
<br />same shall become delinquent. Property Assessments shall be considered delinquent as of the first day any
<br />interest or penalty commences to accrue thereon. Grantor will promptly pay all stamp, documentary,
<br />recordation, transfer and intangible taxes and all other taxes that may from time to time be required to be
<br />paid with respect to the Loan, the Loan Agreement, this Deed of Trust, or any of the other Loan Documents.
<br />Section 4.3 Permitted Contests.
<br />Grantor shall not be required to pay any of the Property Assessments, or to comply with any Law,
<br />so long as Grantor shall in good faith, and at its cost and expense, contest the amount or validity thereof, or
<br />take other appropriate action with respect thereto, in good faith and in an appropriate manner or by
<br />appropriate proceedings; provided that (a) such proceedings operate to prevent the collection of, or other
<br />realization upon, such Property Assessments or enforcement of the Law so contested, (b) there will be no
<br />sale, forfeiture, or loss of the Property during the contest, (c) neither Lender nor Trustee is subjected to any
<br />Claim as a result of such contest, and (d) Grantor provides assurances satisfactory to Lender (including the
<br />establishment of an appropriate reserve account with Lender) of its ability to pay such Property Assessments
<br />or comply with such Law in the event Grantor is unsuccessful in its contest. Each such contest shall be
<br />promptly prosecuted to final conclusion or settlement, and Grantor shall indemnify and save Lender and
<br />Trustee harmless against all Claims in connection therewith. Promptly after the settlement or conclusion
<br />of such contest or action, Grantor shall comply with such Law and/or pay and discharge the amounts which
<br />shall be levied, assessed or imposed or determined to be payable, together with all penalties, fines, interests,
<br />costs and expenses in connection therewith.
<br />Section 4.4 Compliance with Laws.
<br />Grantor will comply with and not violate, and cause to be complied with and not violated, all
<br />present and future Laws applicable to the Property and its use and operation.
<br />Section 4.5 Maintenance and Repair of the Property.
<br />Grantor, at Grantor's sole expense, will (a) keep and maintain Improvements and Accessories in
<br />good condition, working order, and repair, and (b) make all necessary or appropriate repairs and Additions
<br />to Improvements and Accessories, so that each part of the Improvements and all of the Accessories shall at
<br />all times be in good condition and fit and proper for the respective purposes for which they were originally
<br />intended, erected, or installed. Grantor will not destroy or demolish any party of the Property, or allow any
<br />waste to occur to any Property. No provision of this Deed of Trust shall operate to place any obligation or
<br />liability for the control, care, management, or repair of the Property upon Lender, nor shall it operate to
<br />make Lender responsible or liable for any waste committed on the Property by the tenants or any other
<br />Person, or for any dangerous or defective condition of the Property, or for any negligence in the
<br />management, upkeep, repair, or control of the Property resulting in loss or injury or death to any tenant or
<br />other Person. Nothing herein contained shall be construed as constituting Lender a "mortgagee in
<br />possession".
<br />Section 4.6 Additions to Security.
<br />All right, title, and interest of Grantor in and to all Improvements and Additions hereafter
<br />constructed or placed on the Property and in and to any Accessories hereafter acquired shall, without any
<br />further deed of trust, conveyance, assignment or other act by Grantor, become subject to the Lien of this
<br />Deed of Trust as fully and completely, and with the same effect, as though now owned by Grantor and
<br />specifically described in the granting clauses hereof. Grantor agrees, however, to execute and deliver to
<br />Trustee and/or Lender such further documents as may be required by the terms of the Loan Agreement, and
<br />the other Loan Documents.
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