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200505595 <br />(c) if Grantor shall fail to pay when payment is due, any installment of any <br />assessment against the Trust Property for local improvements heretofore or hereafter laid, which <br />assessment is or may become payable in annual or periodic installments and is or may become a <br />lien on the Trust Property, notwithstanding the fact that such installment may not be due and <br />payable at the time of such notice and demand and such failure continues for ten (10) days after <br />the giving of notice by Beneficiary to Grantor of such failure; <br />(d) if without the consent of Beneficiary any Leases are made, cancelled or <br />modified or if any portion of the Rents is paid for a period of more than one (1) month in <br />advance or if any of the Rents are further assigned; <br />(e) if Grantor or other person shall be in default under any deed of trust or <br />mortgage covering any part of the Trust Property whether superior or inferior in lien to this Deed <br />of Trust, and including, without limitation, any such deed of trust or mortgage now or hereafter <br />held by Beneficiary; <br />(i) if the Trust Property shall become subject (i) to any tax lien, other than a <br />lien for local real estate taxes and assessments not due and payable, or (ii) to any lis pendens, <br />notice of pendency, stop order, notice of intention to file mechanic's or materialman's lien, <br />mechanic's or materialman's lien or other lien of any nature whatsoever and the same shall not <br />either be discharged of record or in the alternative insured over to the satisfaction of Beneficiary <br />by the title company insuring the lien of this Deed of Trust within a period of thirty (30) days <br />after the same is filed or recorded, and irrespective of whether the same is superior or <br />subordinate in lien or other priority to the lien of this Deed of Trust and irrespective of whether <br />the same constitutes a perfected or inchoate lien or encumbrance on the Trust Property or is only <br />a matter of record or notice; or <br />(g) if an Event of Default shall occur following notice and the expiration of <br />any cure period under any other note, deed of trust, mortgage or security agreement now or <br />hereafter entered into by Grantor or an affiliate of Grantor in favor of Beneficiary for purposes of <br />securing the Debt and/or any other indebtedness or obligation now or hereafter owed by Grantor <br />or an affiliate of Grantor to Beneficiary. <br />19. Impound Account. Upon the occurrence of an Event of Default under this Deed <br />of Trust or any other Loan Document, Beneficiary may require Grantor to pay to Beneficiary <br />sums which will provide an impound account (which shall not be deemed a trust fund) for paying <br />up to the next one year of taxes, assessments and/or insurance premiums. Upon such <br />requirement, Beneficiary will estimate the amounts needed for such purposes and will notify <br />Grantor to pay the same to Beneficiary in equal monthly installments, as nearly as practicable, in <br />addition to all other sums due under this Deed of Trust. Should additional funds be required at <br />any time, Grantor shall pay the same to Beneficiary on demand. Grantor shall advise <br />Beneficiary of all taxes and insurance bills which are due and shall cooperate fully with <br />Beneficiary in assuring that the same are paid. Beneficiary may deposit all impounded funds in <br />accounts insured by any federal or state agency and may commingle such funds with other funds <br />and accounts of Beneficiary. Interest or other gains from such funds, if any, shall be the sole <br />property of Beneficiary. In the event of any default by Grantor, Beneficiary may apply all <br />CL'1" 837349v1 <br />10 <br />