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<br />4. Payment of Taxes and Other Impositions. (a) Promptly when due or prior to the date
<br />on which any fine, penalty, interest or cost may be added thereto or imposed, Grantor shall pay
<br />and discharge all taxes, charges and assessments of every kind and nature, all charges for any
<br />easement or agreement maintained for the benefit of any of the Real Estate, all general and
<br />special assessments, levies, permits, inspection and license fees, all water and sewer rents and
<br />charges, vault taxes and all other public charges even if unforeseen or extraordinary, imposed
<br />upon or assessed against or which may become a lien on any of the Real Estate, or arising in
<br />respect of the occupancy, use or possession thereof, together with any penalties or interest on any
<br />of the foregoing (all of the foregoing are collectively referred to herein as the "Impositions "),
<br />except where (i) the validity or amount thereof is being contested in good faith by appropriate
<br />proceedings, and (ii) the Grantor has set aside on its books adequate reserves with respect thereto
<br />in accordance with GAAP. Upon request by Beneficiary, Grantor shall deliver to Beneficiary
<br />evidence reasonably acceptable to Beneficiary showing the payment of any such Imposition. If
<br />by law any Imposition, at Grantor's option, may be paid in installments (whether or not interest
<br />shall accrue on the unpaid balance of such Imposition), Grantor may elect to pay such Imposition
<br />in such installments and shall be responsible for the payment of such installments with interest, if
<br />any.
<br />(b) If Beneficiary or Grantee fails to perform any of the covenants or agreements
<br />of Grantor within the applicable grace period, if any, provided for in the Credit Agreement,
<br />Beneficiary or Grantee, as the case may be, without waiving or releasing Grantor from any
<br />obligation or default under this Deed of Trust, may, at any time after 5 days' notice to
<br />Beneficiary or Grantor (but shall be under no obligation to), pay any Imposition after the date
<br />such Imposition shall have become due, and add to the Obligations the amount so paid, together
<br />with interest from the time of payment at the Default Rate. Any sums paid by Beneficiary in
<br />discharge of any Impositions shall be (i) a lien on the Premises secured hereby prior to any right
<br />or title to, interest in, or claim upon the Premises subordinate to the lien of this Deed of Trust,
<br />and (ii) payable on demand by Grantor to Beneficiary together with interest at the Default Rate
<br />as set forth above.
<br />5. Insurance. (a) Grantor shall maintain, or cause to be maintained on all of the
<br />Premises such insurance in such amounts as is required pursuant to the Credit Agreement.
<br />(b) If any portion of the Premises is located in an area identified as a special flood
<br />hazard area by the Federal Emergency Management Agency or other applicable agency, Grantor
<br />shall maintain or cause to be maintained, flood insurance in an amount reasonably satisfactory to
<br />Beneficiary, but in no event less than the maximum limit of coverage available under the
<br />National Flood Insurance Act of 1968, as amended.
<br />(c) Grantor promptly shall comply with and conform in all material respects to (i)
<br />all provisions of each such insurance policy, and (ii) all requirements of the insurers applicable to
<br />Grantor or to any of the Trust Property or to the use, manner of use, occupancy, possession,
<br />operation, maintenance, alteration or repair of any of the Trust Property. Grantor shall not use or
<br />permit the use of the Trust Property in any manner which would permit any insurer to cancel any
<br />insurance policy or void coverage required to be maintained by this Deed of Trust.
<br />(d) If Grantor is in default of its obligations to insure or deliver any such prepaid
<br />policy or policies, then Beneficiary, at its option upon 5 days' notice to Grantor, may effect such
<br />053114 -1025- 08505- NY01.2330405.1
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