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202401336 4. Taxes. Trustor shall pay, and shall indemnify and hold harmless Trustee and Beneficiary from, each installment of all taxes and special assessments of every kind, now or hereafter levied and assessed against the Property, or any part thereof, or upon this Deed of Trust or the Obligations secured hereby, before delinquency, without notice or demand, and shall provide evidence of the payment of same. 5. Liens. Trustor shall not create, incur or suffer to exist any lien, encumbrance or charge on the Property or any part thereof which might or could be held to be superior or inferior to the lien of this Deed of Trust, other than current non -delinquent real estate taxes and assessments and the lien of if 4011z M (the "Senior Lien"). Trustor shall pay, when due: (i) all amounts due in connection with the Senior Lien, (ii) the claims of all persons supplying labor or materials to or in connection with the Property, and (iii) the claims of registered or certified surveyors or engineers, or licensed architects, or their professional consultants supplying professional services in connection with the Property. 6. Actions Affecting Property. Trustor shall appear in and contest any action or proceeding purporting to affect the Property or the rights or powers of the Beneficiary or Trustee hereunder, and shall pay all reasonable costs and expenses, including attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or do any act as and in the manner provided in any of the Loan Documents, Beneficiary and/or Trustee, each in their own discretion, without obligation to do so and after ten (10) days written notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect their respective interest in and to the Property. Trustor shall, immediately upon demand therefor by Beneficiary or Trustee, pay all reasonable costs and expenses incurred by Beneficiary or Trustee in connection with the exercise by Beneficiary or Trustee of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys' fees. 7. Default. Any default of any of the provisions of this Deed of Trust by Trustor, any default under the documents relating to the Senior Lien or any default under and as defined in any other Loan Document shall constitute an event of default (an "Event of Default") under this Deed of Trust. 8. Certain Remedies. Without limiting the rights of the Beneficiary under the Loan Documents and in addition to any other rights or remedies available to Beneficiary at law or in equity, upon the occurrence of an uncured Event of Default, the Beneficiary may exercise any one or more of the following rights: (a) Beneficiary may enter upon, take immediate possession of, manage, and operate the Property or any part thereof; make repairs and alterations and do any acts which Beneficiary deems reasonably proper and necessary or advisable to protect the security hereof, including but not limited to those granted Beneficiary pursuant to the other Loan Documents; and either with or without taking possession, in its own name, sue for or otherwise collect and receive rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees and the Beneficiary's costs, upon the Obligations