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200212049 6. Restrictions on Liens and Encumbrances. Except for the lien of this Deed of Trust and the Permitted Exceptions, and except as expressly permitted under the Note Purchase Agreement, Grantor shall not further mortgage, nor otherwise encumber the Trust Property nor create or suffer to exist any lien, charge or encumbrance on the Trust Property, or any part thereof, whether superior or subordinate to the lien created by this Deed of Trust and whether recourse or non - recourse. 7. Transfer Restrictions. Except as expressly permitted under the Note Purchase Agreement, Grantor shall not sell, transfer, convey or assign all or any portion of, or any interest in, the Trust Property. 8. Maintenance: No Alteration. Grantor shall maintain or cause to be maintained all the Improvements in good working order and condition, ordinary wear and tear excepted, and shall not commit or suffer any waste of the Improvements. Subject to applicable provisions of the Note Purchase Agreement, Grantor shall repair, restore, replace or rebuild promptly any part of the Premises which may be damaged or destroyed by any casualty whatsoever. The Improvements shall not be demolished or materially altered, nor any material additions built, without the prior written consent of Beneficiary. 9. Leases. Grantor shall not execute an assignment or pledge of any Lease relating to all or any portion of the Trust Property other than in favor of Beneficiary, or, except as expressly permitted under the Note Purchase Agreement, execute or permit to exist any Lease of any of the Trust Property. 10. Further Assurances. To further assure Beneficiary's and Trustee's rights under this Deed of Trust, Grantor agrees upon demand of Beneficiary of Trustee to do any act or execute any additional documents (including, but not limited to, security agreements on any personalty included or to be included in the Trust Property and a separate assignment of each Lease in recordable form) as may be reasonably required by Beneficiary or Trustee to confirm the lien of this Deed of Trust and all other rights or benefits conferred on Beneficiary and Trustee, and Grantor shall pay or reimburse Beneficiary and Trustee for all reasonable expenses incurred with respect to any and all transactions contemplated by this Deed of Trust including, without limitation, the preparation of any document reasonably required as aforesaid or any amendment, modification, restatement or supplement to this Deed of Trust or other similar document in connection with this Deed of Trust or the enforcement of any of Beneficiary's or Trustee's rights hereunder, which expenses shall include, without limitation, all recording and filing fees and taxes, mortgage taxes, revenue and tax stamp expenses and reasonable attorney's fees and disbursements. 11. Beneficiary's Rieht to Perform. If Grantor fails to perform any of the covenants or agreements of Grantor, Beneficiary or Trustee, without waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, at any time (but shall be under no obligation to) upon simultaneous notice to Grantor, pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall immediately be due from Grantor to Beneficiary or Trustee (as the case may be) and the same shall be secured by this Deed of Trust and shall be a lien on the Trust Property prior to any right, title to, interest in or claim upon 032375.031101039- NV01.22248984