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200709152 Section 4.3 Permitted Contests. Grantor shall not be required to pay any of the Property Assessments, or to eomply with any Law, so long as Grantor shall in good faith, and at its cost and expense, contest the amount or validity thereof, or take other appropriate action with respect thereto, in good faith and in an appropriate manner or by appropriate proceedings; provided that (a) such proceedings operate to prevent the collection of, or other realization upon, such Property Assessments or enforcement of thc Law so contested, (b) therc will be no sale, forfeiture or loss of the Property during the contcst, (c) neither Lender nor Trustee is subjected to any Claim as a result of such contest, and (d) Grantor provides assuranccs satisfactory to Lendcr (including the establishment of an appropriate reserve account with Lender) of its ability to pay such Property Assessments or comply with such Law in the event Grantor is unsuccessful in its contest. Each such contest shall be promptly prosecuted to final conclusion or settlement, and Grantor shall indemnify and save Lender and Trustee harmless against all Claims in connection therewith. Promptly after the settlement or conclusion of such contest or action, Grantor shall comply with such Law and/or pay and discharge the amounts which shall be levied, assessed or imposed or determined to be payable, together with all penalties, fines, interests, costs and expenses in eonnection therewith. Section 4.4 Compliance with Laws. Grantor will comply with and not violate, and cause to be complied with and not violated, all present and future Laws applicable to the Property and its use and operation. Section 4.5 Maintenance and Repair of the Property. Grantor, at Grantor's sole expense, will (a) keep and maintain Improvements and Accessories in good condition, working order and repair, and (b) make all necessary or appropriate repairs and Additions to Improvements and Accessories, so that each part of the Improvements and all of the Accessories shall at all times be in good eondition and tlt and proper for the respective purposes for which they were originally intended, erected, or installed. Section 4.6 Additions to Security. All right, title and interest of Grantor in and to all Improvements and Additions hereafter constructed or placed on the Property and in and to any Aecessories hereafter acquired shall, without any further deed of trust, conveyance, assignment or other act by Grantor, become subject to the Lien of this Deed of Trust as fully and completely, and with the same ctIect, as though now owned by Grantor and specitlcally described in the granting clauses hereof. Grantor agrees, however, to execute and deliver to Trustee and/or Lender such further documents as may be required by the terms of the Loan Agreement and the other Loan Documents. Section 4.7 Subroe:ation. To the extent permitted by Law, Lender shall be subrogated, notwithstanding its release of record, to any Lien now or hereafter existing on the Property to the extent that such Lien is paid or discharged by Lender whether or not from the proceeds of the Loans. This Section shall not be deemed or construed, however, to obligate Lender to payor discharge any Lien. Section 4.8 Leases. (a) Grantor shall not enter into any Lease with respect to all or any portion of the Property without the prior written consent of Lender. (b) Neither Trustee nor Lender shall be obligated to perfonn or discharge any obligation of Grantor under any Lease. The assignment of Leases provided for in this Deed of Trust in no manner places on Lender or Trustee any responsibility for (i) the control, care, management or repair of the Property, (ii) the carrying out of any of the terms and conditions of the Leases, (iii) any waste Error! Unknown document property name. II