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r 88- 100020 obligations insuring Beneficiary against loss or damage by reason of the existence of such contested obligations or Mortgagor has deposited with Beneficiary, at such place as Beneficiary may from time to time in writing desigllate. a sum of money or other securi- ty acceptable to Beneficiary that is sufficient in Beneficiary's judgment to pay in full such contested obligations (or to bring the Mortgaged Property in cOIT.pliance with the obligations under Section 1.4.4) and all penalties and interest that might become due thereon. and shall keep on deposit an amount sufficient. in Beneficiary's judgment. to pay in full such contested obligations. increasing such amount to cover additional penalties arid interest whenever. in Beneficiary's judgment, such increase is advisable; (iii) Mortgagor shall not be exposed to any criminal or civil liability by virtue of such contest and such contest shall, in the judgment of the Beneficiary, be reasonable; (iv) Mortgagor shall diligently prosecute the contest of such contested obligations by appropriate legal proceedings and shall permit Beneficiary to be represented in any such contest and shall pay all expenses in- curred by Beneficiary in so doing, including fees and expenses of Beneficiary's counsel (all of \"hich shall constitute so much additional Indebtedness bearing interest at the Default Rate until paid, and payable upon demand); and (v) in the event Mortgagor fails to prosecute such contest with reasonable diligence or fails to maintain sufficient funds on deposit as hereinabove provided. Beneficiary may. at its option. apply the monies and liquidate any securities deposited with Beneficiary, in payment of. or on account of, such contested obligations, or any portion thereof then unpaid. including all penalties and interest thereon. If the amount of the money and any such security so deposited is insuffi- cient for the payment in full of such contested obligations. together with all penalties and interest thereon, Mortgagor shall forthwi th, upon demand, either deposit with Beneficiary a sum that, when added to such funds then on deposit, is sufficient to make such payment in full, or, if Beneficiary has applied funds on deposi t on account of such contested obligations. restore such deposi t to an amount sati sfactory to Beneficiary. Beneficiary may, but shall not be required to. pay such deficiency in said deposit for contested obligations and interest and penalties thereon and such other sums as may be necessary in the judgment of the Beneficiary to obtain the release and discharge of such contested obligations; and any amount expended by Beneficiary in so doing shall be so much additional Indebtedness bearing interest at the Default Rate until paid. In any event, Mortgagor shall cause the contested obligations to be fully satisfied and dis- charged immediately upon final determination of the contest and prior to the time that any sale. forfeiture or demolition of all or any part of the Mortgaged Property could result. 1.4.6 Mortgagor shall not in its use and occupancy of the Premises (including, without limitation. in the making of any "Alterations" (as hereinafter defined)) take any action that would be the basis for termination. revocation or denial of any insurance coverag-e required to be maintained under this Deed of Trust or the Loan Agreement or that would be the basis for a -8- r-- L L ~ .-;'~ , ( ~. L