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<br /> of the debt secured hereby, all right, title and interest of
<br /> Grantor in and to all policies of insurance required by this Deed
<br /> shall inure to the benef it of and pass to the successor in interest
<br /> to Grantor or the purchaser or grantee of the Premises.
<br /> 1.7 Indemnification; Subrogation; Waiver of Offset.
<br /> (a) That if Beneficiary is made a party defendant to any
<br /> litigation concerning this Deed or the Premises or any part thereof
<br /> or therein, or the occupancy thereof by Grantor, then Grantor shall
<br /> indemnify, defend and hold Beneficiary harmless from all liability
<br /> by reason of said litigation, including reasonable attorneys ' fees
<br /> and expenses incurred by Beneficiary in any such litigation,
<br /> whether or not any such litigation is prosecuted to judgment. If
<br /> Beneficiary commences an action against Grantor to enforce any of
<br /> the terms hereof or because of the breach by Grantor of any of the
<br /> terms hereof, or for the recovery of any sum secured hereby,
<br /> Grantor shall pay to Beneficiary or Trustee reasonable attorneys'
<br /> fees and expenses actually incurred, and the right to such
<br /> attorneys' fees and expenses actually incurred shall be deemed to
<br /> have accrued on the commencement of such action, and shall be
<br /> enforceable whether or not such action is prosecuted to judgment.
<br /> (b) Grantor waives any and all right to claim or recover
<br /> against Beneficiary or Trustee, their officers, employees, agents
<br /> and representatives, for loss of or damage to Grantor, the
<br /> Premises, Grantor's property or the property of others under
<br /> control of Grantor from any cause insured against or required to be
<br /> insured against by the provisions of this Deed.
<br /> (c) All sums payable by Grantor hereunder shall be paid
<br /> without notice (except as herein provided) , demand, counterclaim,
<br /> setoff, deduction or defense and without abatement, suspension,
<br /> deferment, diminution or reduction, and the obligations and
<br /> liabilities of Grantor hereunder shall in no way be released,
<br /> discharged or otherwise affected (except as expressly provided
<br /> herein) by reason of: (i) any damage to or destruction of or any
<br /> condemnation or similar taking of the Premises or any part thereof;
<br /> (ii) any restriction or prevention of or interference with any use
<br /> of the Premises or any part thereof; (iii) any title defect or
<br /> encumbrance or any eviction from the Property or the Improvements
<br /> or any part thereof by title paramount or otherwise; (iv) any
<br /> bankruptcy, insolvency, reorganization, composition, adjustment,
<br /> dissolution, liquidation or other like proceeding relating to
<br /> Grantor, or any action taken with respect to this Deed by any
<br /> trustee or receiver of Grantor, or by any court, in any such
<br /> proceeding; (v) any claim which Grantor has or might have against
<br /> Beneficiary or Trustee; (vi) any default or failure on the part of
<br /> Trustee to perform or comply with any of the terms hereof or of any
<br /> other agreement with Grantor; or (vii) any other occurrence
<br /> whatsoever, whether similar or dissimilar to the foregoing; whether
<br /> or not Grantor shall have notice or knowledge of any of the
<br /> foregoing. Except as expressly provided herein, Grantor waives all
<br /> rights now or hereafter conferred by statute or otherwise to any
<br /> abatement, suspension, deferment, diminution or reduction of any
<br /> sum secured hereby and payable by Grantor.
<br /> 1.8 Taxes and Impositions.
<br /> (a) That Grantor agrees to pay, at least ten (10) days
<br /> prior to delinquency, all real property taxes and assessments,
<br /> general and special, and all other taxes and assessments of any
<br /> kind or nature whatsoever, including without limitation
<br /> non-governmental levies or assessments such as maintenance charges,
<br /> owner association dues or charges or fees, levies or charges
<br /> resulting from covenants, conditions and restrictions affecting the
<br /> Premises, which are assessed or imposed upon the Premises, or
<br /> become due and payable, and which create, may create or appear to
<br /> create a lien upon the Premises, or any part hereof, or upon any
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