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<br />200800520
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<br />2008962
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<br />insurance policies and other papers for examination and the making of copies and extracts;
<br />prepare such schedules, summaries, reports and progress schedules as Beneficiary may reasonably
<br />request; and permit Beneficiary and its agents and designees, to inspect the Premises at reasonable
<br />times.
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<br />1.6 Stamp and Other Taxes. If the federal, or any state, county, local, municipal or
<br />other, government or any subdivision of any thereof having jurisdiction, shall levy, assess or
<br />charge any tax (excepting therefrom any income tax on Beneficiary's receipt of interest payments
<br />on the principal portion of the Loan), assessment or imposition upon this Deed of Trust, the
<br />Notes, any of the Secured Obligations, or any of the other Loan Documents, the interest of
<br />Beneficiary in the Collateral, or any of the foregoing, or upon Beneficiary by reason of or as
<br />holder of any of the foregoing, or shall at any time or times require revenue stamps to be affixed
<br />to this Deed of Trust, the Notes, or any of the other Loan Documents, Grantor shall pay all such
<br />taxes and any and all penalties, interest, attorneys' fee's or other costs due in connection therewith
<br />and stamps to or for Beneficiary as they become due and payable. If any law or regulation is
<br />enacted or adopted permitting, authorizing or requiring any tax, assessment or imposition to be
<br />levied, assessed or charged, which law or regulation prohibits Grantor from paying the tax,
<br />assessment, stamp, or imposition to or for Beneficiary, then all sums hereby secured shall become
<br />immediately due and payable at the option of Beneficiary. In the event of a failure by Grantor to
<br />pay any such tax or fee or applicable penalties, interest, attorneys' fees or costs, as set forth
<br />herein, the same shall, without limitation of any other remedies herein, constitute an Event of
<br />Default under this Deed of Trust, and, should Beneficiary elect to pay the same, all such taxes,
<br />fees, penalties, interest, attorneys' fees or other charges, in addition to being due and owing to
<br />Beneficiary upon demand, shall be secured by the lien of this Deed and Trust and shall bear
<br />interest at the Default Rate as hereinafter provided from the date of advance by Beneficiary until
<br />paid by Grantor. Notwithstanding anything to the contrary contained in this Deed of Trust, the
<br />Notes or any of the Loan Documents, this Section 1.6 shall survive repayment of the Notes and
<br />satisfaction of this Deed of Trust.
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<br />1.7 Insurance. Grantor will at all times maintain or cause to be maintained on the
<br />Goods, the Premises and on all other Collateral, all insurance required at any time or from time to
<br />time by Beneficiary and in any event all-risk property insurance covering, without limitation, fire,
<br />extended coverage, vandalism and malicious mischief, in an amount which is not less than one
<br />hundred percent (l00%) of the replacement cost of the Improvements and Goods without
<br />consideration for depreciation, with an inflation guard endorsement, insurance against business
<br />interruption and loss of rentals for such occurrences and in such amounts as Beneficiary may
<br />reasonably require, and insurance against flood if required by the Federal Flood Disaster
<br />Protection Act of 1973 and regulations issued thereunder, and comprehensive general public
<br />liability insurance, protecting Grantor in an amount acceptable to Beneficiary, and if required by
<br />Beneficiary, environmental insurance in form and substance satisfactory to Beneficiary, and all
<br />other insurance commonly or, in the judgment of Beneficiary, prudently maintained by those
<br />whose business, improvement to, and use of real estate is similar to that of Grantor, all in amounts
<br />satisfactory to Beneficiary, and all of such insurance to be maintained in such form and with such
<br />companies as shall be approved by Beneficiary, and to deliver to and keep deposited with
<br />Beneficiary original certificates and certified copies of all policies of such insurance and renewals
<br />thereof, with premiums prepaid, and with standard non-contributory mortgagee and loss payable
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<br />NEWY1\8176568.2
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