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. ' �'9- s�sl�s irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes and ordinances. 1. 11 Actions Affectinq Premises. To appear in and contest any action or proceeding purporting to affect� the security hereof or the rights or powers of Beneficiary (other than any action or proceeding solely against Beneficiary which does not arise out of the relationship between Grantor and Beneficiary) , and to pay all costs and expenses, including cost of evidence of title and attorneys' fees actually and reasonably incurred, in any such action or proceeding in which Beneficiary may appear. 1. 12 Actions by Beneficiary to Preserve Premises. That should Grantor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary in its own discretion, without obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any obligation, after giving five (5) days notice (oral or written) to Grantor, may make or do the same in such manner and to such extent as Beneficiary may deem necessary to protect the security hereof (provided, however, such five (5) day notice shall not be required if in Beneficiary's good faith judgment, such delay might jeopardize the Premises) . In connection therewith (without limiting their general powers) , Beneficiary shall have and is hereby given the right, but not the obligation, (i) to enter upon and take possession of the Premises; (ii) to make additions, alterations, repairs and improvements to the Premises which it may consider necessary or proper to keep the Premises in good condition and repair; (iii) to appear and participate in any action or proceeding (other than any action or proceeding solely against Beneficiary which does not arise out of the relationship between Grantor and Beneficiary) affecting or which may affect the security hereof or the rights or powers of Beneficiary; (iv) to pay, purchase, contest or compromise any encumbrances, claim, charge, lien or debt which in the judgment of Beneficiary may affect or appears to affect the security of this Deed or be prior or superior hereto unless Grantor shall furnish to Beneficiary collateral or affirmative title insurance adequate to protect the interest of Beneficiary against such matter; and (v) in exercising such powers, to pay necessary expenses, including employment of counsel or other necessary or desirable consultants. 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 attorneys' fees. Notwithstanding anything to the contrary contained herein, Grantor agrees and it is understood that Beneficiary shall have no obligations, duties or liabilities prior to or after acquisition of title to the Premises to any tenant, contractor or any other third party. 1. 13 Survival of Warranties. To fully and faithfully satisfy and perform the obligations of Grantor contained in the Loan Instruments and each agreement of Grantor incorporated by reference therein or herein, and any modification or amendment thereof. All representations, warranties and covenants of Grantor contained therein or incorporated by reference shall survive the closing and funding of the loan evidenced by the Note and shall remain continuing obligations, warranties and representations of Grantor during any time when any portion of the obligations secured by this Deed remain outstanding. 1. 14 Eminent Domain. That should the Premises, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner ("Condemnation") , or should Grantor receive any notice of other information regarding such proceeding, Grantor shall give prompt written notice thereof to Beneficiary. -11-