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<br />',. <br /> <br />#1060655 v4 <br /> <br />200605551 <br /> <br />assessments, levies and charges imposed by any public or quasi~public <br />authority or utility company which are or which may become a lien upon <br />or cause a loss in value of the Subject Property or any interest therein. <br />Grantor shall also pay prior to delinquency all taxes, assessments, levies <br />and charges imposed by any public authority upon Beneficiary by reason <br />of its interest in any Secured Obligations or in the Subject Property, or by <br />reason of any payment made to Beneficiary pursuant to any Secured <br />Obligations; provided, however, Grantor shall have no obligation to pay <br />taxes which may be imposed from time to time upon Beneficiary and <br />which are measured by and imposed upon Beneficiary's net income. <br /> <br />(b) Grantor will not, without the prior written consent of Beneficiary, which <br />may be withheld in Beneficiary's discretion, consent to or allow the <br />creation of any so~called special districts, special improvement districts, <br />benefit assessment districts or similar districts of any nature, or any other <br />body or entity of any type, or allow to occur any other event, that would or <br />might result in the imposition of any additional taxes, assessments or other <br />monetary obligations or burdens on the Subject Property, and this <br />provision shall serve as RECORD NOTICE to any such district or <br />districts or any governmental entity under whose authority such district or <br />districts exist or are being formed that, should Grantor or any other person <br />or entity include all or any portion of the Subject Property in such district <br />or districts, whether formed or in the process of formation, without first <br />obtaining Beneficiary's express written consent, then the lien of this Deed <br />of Trust and the rights and interests in the Subject Property arising by <br />virtue of this Deed of Trust in favor of Beneficiary or its successors in <br />interest (which term shall include, without limitation, any foreclosure <br />purchaser or purchaser acquiring by deed of lieu of foreclosure, and any <br />transferee of the Subject Property following completion of foreclosure or <br />deed in lieu thereof) shall be senior and superior to any taxes, assessments <br />or impositions of any nature, or any liens (whether statutory, contractual <br />or otherwise) levied or imposed upon the Subject Property or any portion <br />thereof as a result of the inclusion of the Subject Property in such district <br />or districts. <br /> <br />5.3 TAX AND INSURANCE IMPOUNDS. At any time following the occurrence <br />and continuation of a Default, at Beneficiary's option and upon its demand, <br />Grantor, shall, until all Secured Obligations have been paid in full, pay to <br />Beneficiary monthly, annually or as otherwise directed by Beneficiary an amount <br />estimated by Beneficiary to be equal to: (a) all taxes, assessments, levies and <br />charges imposed by any public or quasi-public authority or utility company which <br />are or may become a lien upon the Subject Property or Collateral and will become <br />due for the tax year during which such payment is so directed reduced by that <br />portion of such taxes which are payable directly to the taxing authority in <br />accordance with the terms of Approved Leases (with written evidence of such <br />payment to Beneficiary within 10 days of payment) or that portion of such taxes <br />which are payable by tenants annually to Grantor in one lump sum which shall be <br /> <br />10 <br />