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86- 107510
<br />that the security given hereby may not be impaired by a partial
<br />condemnation to apply any part or all of the amount collected in
<br />connection with any condemnation proceeding: (i) upon any
<br />indebtedness secured hereby and in such order as Beneficiary may
<br />determine, or (ii) without reducing the indebtedness secured
<br />hereby, to the reimbursement of Beneficiary for expenses incurred
<br />by it in the restoration of the Property. Such application shall
<br />not cure or waive any default or notice of default hereunder or
<br />invalidate any act done pursuant to such notice. Beneficiary
<br />shall be under no obligation to question the amount of any
<br />compensation, awards, proceeds, damages, claims, rights of action
<br />or payments, and may accept the same in the amount in which the
<br />same shall be paid.
<br />(c) Beneficiary shall be entitled, at its option, to
<br />commence, appear in and prosecute in its own name any insurance
<br />or condemnation action or proceedings.
<br />1.05. Taxes, Assessment and Charges. (a) Trustor, from time
<br />to time when the same shall become due, will pay and discharge
<br />all taxes of every kind and nature, including real and personal
<br />property taxes and income, franchise, withholding, profits and
<br />gross receipts taxes, all general and special assessments,
<br />including assessments on all water and sewer rents and charges,
<br />skywalks, vaults and all other public charges whether of a like
<br />or different nature, imposed upon or assessed against Trustor or
<br />the Property or any part thereof or upon the Rents and Profits of
<br />the Property including the real estate described in Exhibit "A -2"
<br />attached hereto, or arising in respect of the occupancy, use or
<br />possession thereof. Trustor will deliver to Beneficiary all
<br />notices and receipts evidencing the payment of all such taxes,
<br />assessments, levies, fees, rents and other public charges imposed
<br />upon or assessed against Trustor or the Property or the Rents and
<br />Profits thereof. Trustor shall pay all taxes, assessments,
<br />levies, fees, rents and other public charges which may be levied
<br />upon Beneficiary's interest herein or upon this Deed of Trust
<br />without regard to any law that may be enacted imposing payment of
<br />the whole or any part thereof upon the Beneficiary.
<br />(b) Beneficiary may, at its option to be exercised by thirty
<br />(30) days' written notice to Trustor, require the deposit by
<br />Trustor, at the time of each payment of an installment of
<br />interest or principal under the Note, of (i) an additional amount
<br />sufficient to discharge the obligations under Sections 1.04 and
<br />1.05(a) hereof when they become due. The determination of the
<br />amounts so payable and of the fractional parts thereof to be
<br />deposited with Beneficiary, so that the aggregate of such
<br />deposits shall be sufficient for this purpose, shall be made by
<br />Beneficiary in its sole discretion. Said amounts shall be held
<br />by Beneficiary without interest and applied to the payment of the
<br />obligations in respect of which said amounts were deposited in
<br />such order or priority as Beneficiary shall determine, on or
<br />before the respective dates on which the same or any of them
<br />would become delinquent. If one (1) month prior to the due date
<br />of any of the aforementioned obligations the amount then on
<br />deposit therefor shall be insufficient for the payment of such
<br />obligation in full, Trustor within ten (10) days after demand
<br />shall deposit the amount of the deficiency with Beneficiary.
<br />Nothing herein contained shall be deemed to affect any right or
<br />remedy of Beneficiary under any other provision of this Deed of
<br />Trust or under any statute or rule of 1...w to pay any such
<br />amount.
<br />(c) Trustor will pay, from time to time when the same shall
<br />become due, all lawful claims and demands of mechanics,
<br />materialmen, laborers, prior beneficiaries under any prior Deed
<br />of Trust or Mortgage, and others which, if unpaid, might result
<br />in or permit the creation of a lien on the Property or any part
<br />thereof, or on the revenues, rents, issues, income and profits
<br />arising therefrom, and in general will do or cause to be none
<br />everything necessary so that the lien hereof shall be fully
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