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r 2 gg-1�3612 conditions, definitions, representations and warranties contained in this Leasehold Deed of Trust shall be deemed to include the covenants, agreements, conditions, definitions, representations and warranties contained herein and in said Leasehold Deed of Trust Rider. Capitalized terms which are used but are not defined herein, but which are defined in or by reference in said Leasehold Deed of Trust Rider, shall have the same respective meanings herein as in the Leasehold Deed of Trust Rider. To protect the security of this Leasehold Deed of Trust: 1. Pavment of Indebtedness; Covenant of Title. (a) Grantor shall pay when due the principal of, and the interest on, the indebtedness evidenced by the Notes, charges, fees, and all the sums as provided in the Loan Documents. (b) Grantor hereby covenants with Beneficiary that Grantor is lawfully seized of the Property hereby conveyed, that Grantor warrants and will defend the title to the Property against the lawful claims of all persons whomsoever, that Grantor has the right to grant and convey the Property, and that the Property is unencumbered by any mortgage, trust deed, and/or contract to purchase, except the first position lien granted by Grantor and except for the Permitted Encumbrances. 2. Actions Affectin� Trust Estate. Grantor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and shall pay all costs and expenses, including cost of evidence of title and attorney fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Grantor fail to make any payment or to do any act as and in the manner I provided in any of the Loan Documents, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Grantor and without relieving Grantor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Grantor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of title, court costs, appraisals, surveys and reasonable attorney fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Credit BUSDOCS:721711.1