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202300986
<br />Section 4.7 Subrogation.
<br />To the extent permitted by Law, Lender shall be subrogated, notwithstanding its release of record,
<br />to any Lien now or hereafter existing on the Property to the extent that such Lien is paid or discharged by
<br />Lender whether or not from the proceeds of the Loans. If any or all of the proceeds of the Loan have been
<br />used to payoff or extinguish any indebtedness heretofore existing against the Property, then, to the extent
<br />of the funds so used, Lender shall be subrogated to all of the rights, claims, liens, titles, and interests existing
<br />against the Property heretofore held by, or in favor of, the holder of such indebtedness and such former
<br />rights, claims, liens, titles, and interests, if any. This Section shall not be deemed or construed, however,
<br />to obligate Lender to pay or discharge any Lien.
<br />Section 4.8 Leases.
<br />(a) Other than the types of Leases defined and described in the Loan Agreement,
<br />Grantor shall not enter into any Lease with respect to all or any portion of the Property without the prior
<br />written consent of Lender, which consent shall not be unreasonably withheld.
<br />(b) Neither Trustee nor Lender shall be obligated to perform or discharge any
<br />obligation of Grantor under any Lease. The assignment of Leases provided for in this Deed of Trust in no
<br />manner places on Lender or Trustee any responsibility for (i) the control, care, management, or repair of
<br />the Property, (ii) the carrying out of any of the terms and conditions of the Leases, (iii) any waste committed
<br />on the Property, or (iv) any dangerous or defective condition on the Property (whether known or unknown).
<br />(c) No approval of any Lease by Lender shall be for any purpose other than to protect
<br />Lender's security and to preserve Lender's rights under the Loan Documents, and no such approval shall
<br />result in a waiver of a Default or Event of Default.
<br />Section 4.9 Insurance/Condemnation Proceeds. Grantor will maintain on the Property the
<br />insurance required in the Loan Agreement at all times while any Loan is outstanding and this Deed of
<br />Trust is in effect.
<br />(a) If any portion of the Property shall be damaged or destroyed by any cause (a
<br />"Casualty"), Grantor shall, subject to the provisions below:
<br />(i) give notice to Lender as promptly as practicable; and
<br />(ii) unless Lender has withheld Casualty Insurance Proceeds during the twelve
<br />(12) months prior to the latest maturity date of the Loan and Insurance Proceeds and other funds are not
<br />available to Grantor, promptly commence and diligently pursue to completion (in accordance with plans
<br />and specifications approved by Lender) the restoration, repair and rebuilding of the Property at least as
<br />nearly as possible to its value, condition and character immediately prior to the Casualty; and
<br />(iii) if the Casualty is covered by insurance, immediately make proof of loss
<br />and to the extent permitted by this Deed of Trust, collect all Insurance Proceeds, all such proceeds to be
<br />payable to Lender or as Lender shall direct. If an Event of Default shall be in existence, or if Grantor shall
<br />fail to provide notice to Lender of filing proof of loss, or if Grantor shall not be diligently proceeding, in
<br />Lender's reasonable opinion, to collect such insurance proceeds, then Lender may, but is not obligated to,
<br />make proof of loss, and is authorized, but is not obligated, to settle any claim with respect thereto, and to
<br />collect the proceeds thereof.
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