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200300520 (ii) If at any time after the date hereof there shall be assessed or imposed a tax assessment on the Trust Estate in lieu of or in addition to an amount payable by Trustor pursuant to Section (2)(d)(i) hereof, or a license fee, tax or assessment imposed on Beneficiary or this Deed of Trust and measured by or based in whole or in part upon the amount of the Obligations, then all such taxes, assessments or fees shall also be paid by Trustor as herein provided with respect to the payment of amounts due pursuant to Section (2)(d)(i) hereof. Anything to the contrary herein notwithstanding, Truster shall have no obligation to pay any franchise, estate, inheritance, income, excess profits or similar tax levied on Beneficiary or on the Obligations. (e) Actions Affecting Trust Estate. Truster, at its own expense, shall appear in and contest vigorously any action or proceeding purporting to adversely affect the Trust Estate or the rights and powers of Beneficiary or Trustee hereunder, and shall pay all costs and expenses, including the cost of evidence of title and attorneys' fees to the fullest extent permittedby Governing Law, in any such action or proceeding in which Beneficiary or Trustee may appear. (f) First Deed of Trust. Trustor shall immediately provide Beneficiary with written notice of any default under the First Deed of Trust. In addition thereto, Truster shall, upon written request of Beneficiary, provide Beneficiary with the time and address of the then current holder of the First Deed of Trust and the entity to whom payments are made relating thereto. 3. SELF HELP. If any action or proceeding is commenced which materially affects Beneficiary's or Trustee's interest in or the value of the Trust Estate, including, but not limited to, eminent domain proceedings, proceedings involving adecedent, notice of sale by Trustee, a notice of default by Trustee, a mortgage foreclosure action, or if Trustor fails to pay its respective, legally enforceable debts generally as they become due, then Beneficiary, at Beneficiary's option and without notice to or demand upon Truster and without releasing Truster from any Obligation, may make such appearances, disburse such sums and take such action as is necessary in Beneficiary's opinion in order to protect Beneficiary's interest in the Trust Estate, including, but not limited to (a) appearance in and prosecution or defense of any legal action or proceeding which affects or may affect the Trust Estate; (b) disbursement of attorneys' fees; (c) payment, purchase, contest or compromise of any encumbrance, charge or lien upon the Trust Estate; (d) entry upon the Trust Estate to make repairs or to otherwise restore or protect the Trust Estate or any part thereof; or (e) declaration of an Event of Default (as hereinafter defined) under this Deed of Trust, and sale or foreclosure hereunder. Any amounts disbursed by Beneficiary pursuant to this Section 3 shall become additional Obligations of Truster secured by this Deed of Trust. Such amounts shall be payable immediately upon notice from Beneficiary to Trustor requesting payment thereof Nothing contained in this Section 3 shall obligate the Beneficiary to incur any expense or take any action hereunder. 4. EMINENT DOMAIN. (a) Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding ( "Condemnation "), or should Truster receive any notice or other information regarding any such Condemnation, Trustor shall give immediate notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, to the full extent of the Obligations. Trustor and Beneficiary shall be mutually required to appear in andjointly prosecute any Condemnation action or 4