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<br />RR-:..l00020 <br /> <br />I <br /> <br />Beneficiary to be equal to one-twelfth (1/12th) of the annual <br />taxes, assessments and other items required to be discharged by <br />Mortgagor under Section 1.4.1. Such amounts shall be held by <br />Beneficiary without interest to Mortgagor and applied to the <br />payment of the obligations in respect of which such amounts were <br />deposited, in such order or priority as Beneficiary shall deter- <br />mine, on or before the respective dates on which the same or any <br />part thereof would become delinquent. Nothing contained in this <br />Section 1.4.2 shall affect any right or remedy of Beneficiary <br />under any provision of this Deed of Trust or of any statute or <br />rule of law to pay any such amount and to add the amount so paid, <br />together with interest at the Default Rate (as defined in the Loan <br />Agreement), to the other amounts outstanding in respect to the <br />Loan or relieve Mortgagor of its obligations to make or provide <br />for the payment of the annual taxes, assessments and other charges <br />required to be discharged by Mortgagor under Section 1.4.1. <br /> <br />1.4.3 Unless contested in accordance with Section <br />1.4.5, Mortgagor shall timely pay all lawful claims and demands of <br />mechanics, materialmen, laborers, government agencies administer- <br />ing worker's compensation insurance, old age pensions, and social <br />security benefits and all other claims, judgments, demands or <br />amounts of any nature which, if unpaid, might result in, or permit <br />the creation of, a Lien on the r.1ortgaged Property or any part <br />thereof, or on the revenues, rents, issues, income and profits <br />arising therefrom. <br /> <br />1 .4.4 Mortgagor has obtained and shall take all <br />action necessary to maintain in force and effect all permits, <br />consents, approvals, licenses, franchises or other instruments <br />including those required by the Loan Agreement (collectively, <br />IIPermi tsll) required by any federal, state, municipal or local <br />government or quasi-governmental agency or authority to operate or <br />use and occupy the Premises. Unless contested in accordance with <br />Section 1.4.5, Mortgagor shall comply promptly with all require- <br />ments set forth in any of the Permits and all requirements of any <br />law, ordinance, rule, regulation or requirement of any federal, <br />state, municipal or local government or quasi-governmental agency <br />or authority applicable to all or any part of the I'1ortgaged <br />Property or the condition, use or occupancy of all or any part <br />thereof or any restriction imposed upon the Mortgaged Property by <br />any duly recorded deed of restriction, declaration, covenant <br />running with the land or otherwise, now or hereafter in force. <br /> <br />1.4.5 Mortgagor may at its own expense contest the <br />amount or applicability of any of the obligations described in <br />Sections 1.4.1, 1.4.3 and 1.4.4 by appropriate legal proceedings, <br />prosecution of which operates to prevent the collection thereof or <br />the sale or forfeiture or demolition of the Mortgaged Property or <br />any part thereof to satisfy the same; provided, however, (i) <br />Mortgagor has notified Beneficiary in writing of the intention of <br />Mortgagor to contest the same before any such obligations have <br />been increased by any interest, penalties, or costs; (ii) Mortga- <br />gor has obtained a title insurance endorsement over such contested <br /> <br />-7- <br /> <br />r-- <br /> <br />L <br /> <br />L <br /> <br />-.J <br /> <br />,.I <br />~.. <br /> <br />L <br />