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<br />200709869
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<br />and all other taxes, assessments or charges of a similar nature, whether public or private, affecting all or
<br />any portion of the Encumbered Property, whether or not such taxes, assessments or charges are or may
<br />become liens on the Encumbered Property.
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<br />Section 1.08. Actions Affecting Encumbered Property. The Grantor shall appear in and
<br />contest any action or proceeding purporting to affect the title of the Grantor in the Encumbered Property
<br />or the rights, powers, liens or security interests of the Beneficiary or the Deed Trustee; and the Grantor
<br />shall pay all costs and expenses, including cost of evidence of title and reasonable attorneys' fees, in any
<br />such action or proceeding in which the Beneficiary or the Deed Trustee may appear.
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<br />Section 1.09. Survival of Warranties. The Grantor shall fully and faithfully satisfy and
<br />perform the Secured Obligations. All representations, warranties and covenants of the Grantor contained
<br />herein shall remain continuing obligations, warranties and representations of the Grantor during any time
<br />when any portion of the obligations secured hereby remain outstanding.
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<br />Section 1.10. Eminent Domain. If all or any part or interest in the Encumbered Property is
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other
<br />manner or should the Grantor receive any notice or other information regarding such proceeding, the
<br />Grantor shall give prompt written notice thereof to the Beneficiary and shall comply in all respects with
<br />the provisions of the Financing Documents regarding such an event. Proceeds arising from any such event
<br />or a sale in lieu thereof shall be held, deposited and disbursed in accordance with the provisions of the
<br />Financing Documents.
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<br />Section 1.11. Additional Security. In the event the Beneficiary at any time holds additional
<br />security for any of the Secured Obligations, it may enforce the sale thereof or otherwise realize upon the
<br />same, at its option, either before, concurrently with or after any sale is made hereunder.
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<br />Section 1.12. Additional Indebtedness. Except as otherwise may be expressly permitted by
<br />the Financing Documents, the Grantor shall not further encumber all or any portion or interest in the
<br />Encumbered Property (including, without limitation, the grant of any security interest under the Uniform
<br />Commercial Code in effect in the State (the "UCC")).
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<br />Section 1.13. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of
<br />and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and
<br />assigns. The covenants and agreements of the Grantor contained herein shall apply to and be binding
<br />upon any successor owner of the Encumbered Property or any part thereof.
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<br />Section 1.14. Liens. The Grantor shall pay and promptly discharge, at the Grantor's cost and
<br />expense, all liens, encumbrances and charges upon the Encumbered Property, or any part thereof or
<br />interest therein other than the Permitted Title Encumbrances. The Grantor shall have the right to contest
<br />in good faith the validity of any such lien, encumbrance or charge, provided the Grantor shall first deposit
<br />with the Beneficiary a bond or other security satisfactory to the Beneficiary in an amount equal to 125%
<br />of the amount of the claim plus costs (including attorneys' fees) and interest and provided further that the
<br />Grantor shall thereafter diligently and in good faith proceed to cause such lien, encumbrance or charge to
<br />be removed and discharged. If the Grantor shall fail so to discharge any such lien, encumbrance or charge,
<br />then, in addition to any other right or remedy of the Beneficiary, the Beneficiary may, but shall not be
<br />obligated to, discharge the same, either, by paying the amount claimed to be due, or by procuring the
<br />discharge of such lien, either, by depositing in court a bond in the amount claimed or otherwise giving
<br />security for such claim, or in such manner as is or may be prescribed by law. Any cost incurred by the
<br />Beneficiary in connection with any such payment or discharge shall be secured hereby and shall be
<br />immediately due and payable without notice or demand.
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