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200403403 <br />to receive all sums which may be awarded or become payable to Trustor for the condemnation ofthe Property, or any <br />part thereof, for public or quasi - public use, or by virtue of private sale in lieu thereof, and any sums which may be <br />awarded or become payable to Trustor for injury or damage to the Property. All such sums are hereby assigned to <br />Beneficiary, and shall, after deduction therefrom of all reasonable expenses actually incurred by Beneficiary, <br />including attorneys' fees, at Beneficiary's option be (1) released to Trustor, or (2) applied (upon compliance with such <br />terms and conditions as may be required by Beneficiary) to repair or restoration of the Property so affected, or (3) <br />applied to the payment of the Secured Indebtedness in such order and manner as Beneficiary, in its sole discretion, <br />may elect, whether or not due. <br />(g) Compliance with Legal Requirements. The Property and the use, operation and maintenance <br />thereof and all activities thereon do and shall at all times comply with all applicable Legal Requirements (hereinafter <br />defined). The Property is not, and shall not be, dependent on any other property or premises or any interest therein <br />other than the Property to fulfill any requirement of any Legal Requirement. As used in this Deed of Trust: (i) the <br />term "Legal Requirement" means any Law (hereinafter defined), agreement, covenant, restriction, easement or <br />condition (including, without limitation of the foregoing, any condition or requirement imposed by any insurance or <br />surety company), as any of the same now exists or may be changed or amended or come into effect in the future; and <br />(ii) the term "Law" means any federal, state or local law, statute, ordinance, code, rule, regulation, license, permit, <br />authorization, decision, order, injunction or decree, domestic or foreign. <br />(h) Maintenance, Repair and Restoration. Trustor will keep the Property in first class order, repair, <br />operating condition and appearance, causing all necessary repairs, renewals, replacements, additions and <br />improvements to be promptly made, and will not allow any of the Property to be misused, abused or wasted or to <br />deteriorate. <br />(i) No Other Liens. Trustor will not, without the prior written consent of Beneficiary, create, place or <br />permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to.remain, any . . <br />deed to secure debt, Deed of Trust, voluntary or involuntary lien, whether statutory, constitutional or contractual, <br />security interest, encumbrance or charge, or conditional sale or other title retention document, against or coverin&the <br />Property, or any part thereof, regardless of whether the same are expressly or otherwise subordinate to the- lien or <br />security interest created in this Deed of Trust, and should any of the foregoing become attached hereafter in any <br />manner to any part of the Property without the prior written consent of Beneficiary, Trustor will cause the same to be <br />promptly discharged and released. <br />0) Operation of Property. Trustor will operate the Property in a good and workmanlike manner and in <br />accordance with all Legal Requirements and will pay all fees or charges of any kind in connection therewith. Trustor <br />will keep the Property occupied so as not to impair the insurance carried thereon. Trustor will not use or occupy or <br />conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Property in any <br />manner which violates any Legal Requirement or which constitutes a public or private nuisance or which makes void, <br />voidable or cancelable, or increases the premium of, any insurance then in force with respect thereto. <br />(k) Taxes on Note or Deed of Trust. Trustor will promptly pay all income, franchise and other taxes <br />owing by Trustor and any stamp, documentary, recordation and transfer taxes or other taxes (unless such payment by <br />Trustor is prohibited by law) which may be required to be paid with respect to the Note, this Deed of Trust or any <br />other instrument evidencing or securing any of the Secured Indebtedness. <br />Section 2.2. Performance by Beneficiary on Trustor's Behalf. Trustor agrees that, if Trustor fails to <br />perform any act or to take any action which under any Loan Document Trustor is required to perform or take, or to <br />pay any money which under any Loan Document Trustor is required to pay, and whether or not the failure then <br />constitutes a default hereunder or thereunder, and whether or not there has occurred any default or defaults hereunder <br />or the Secured Indebtedness has been accelerated, Beneficiary, in Trustor's name or its own name, may, but shall not <br />be obligated to, perform or cause to be performed such act or take such action or pay such money, and any expenses <br />4 <br />