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86-- 106927 improvement of or construction upon the Premises, and in general will do or cause to be done everything necessary so that the lien of this Deed of Trust shall be fully preserved, at the cost of Trustor, without expense to Trustee or Beneficiary; provided, however, that Trustor may in good faith contest, by proper legal proceedings, the validity or amount of any such obligation, claim or demand as long as Beneficiary is fully indemnified and held harmless and gives its written consent thereto which shall not be unreasonably withheld. If the Premises are subject to any liens and encumbrances a description of said liens and encumbrances (hereinafter collectively referred to as "Senior Liens"') shall be set forth in an Exhibit NB"' to be attached hereto and incorporated herein by this reference. Trustor covenants and agrees to comply with all of the terms and provisions of said Senior Liens. Any payments made by Beneficiary to retire indebtedness secured by Senior Liens made at such time as Trustor is in default hereunder or in default of the terms of said Senior Liens shall be advanced for the protection of this security. Nothing contained herein shall require the Beneficiary to perform the terms or provisions contained in said senior Liens required to be performed by Trustor, its successors and assigns. If Trustor shall default in the performance of any term or provision contained in this Deed of Trust, Beneficiary shall not be obligated to Trustor to pay any principal or interest under the Senior Liens, and, in any event, Beneficiary's undertaking to pay obligations secured by Senior Liens shall not be for the benefit of Trustor, except to the extent that Trustor is not in default in its obligations to Beneficiary hereunder. 1.09 Taxes and Assessments. The Trustor shall pay in full when due, and in any event before any penalty or interest attaches, all general taxes and assessments, special taxes, special assessments, water charges, sewer charges, and all other charges against the Premises and shall furnish to Beneficiary official receipts evidencing the payment thereof; provided, however, that Trustor may in good faith contest, by property legal proceedings, the validity or amount of any such taxes, assessments and charges as long as Beneficiary is fully indemnified and held harmless and gives it written consent thereto, which consent shall not be unreasonably withheld. 1.10 Indemnification. The Trustor shall appear in and defend any suit, action or proceeding that might in any way and in the sole judgment of Beneficiary affect the value of the Premises, the title to the Premises or the rights and powers of Trustee or Beneficiary. Trustor shall, at all times, indemnify, hold harmless and on demand, reimburse Beneficiary for any and all loss, damage, expense or cost, including cost of evidence of title and attorneys' fees, arising out of or incurred in connection with -9-