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<br />200802659
<br />Property. Borrower further agrees to pay to Secured Party on demand all reasonable costs and
<br />expenses incurred by Secured Party in connection with the preparation, execution, recording,
<br />filing and refiling of any such instrument or document including the charges for examining title.
<br />However, neither a request so made by Secured Party nor the failure of Secured Party to make
<br />such a request shall be construed as a release of the Property, or any part thereof, from the lien of
<br />this Deed of Trust, it being understood and agreed that this covenant and any such security
<br />agreement or other security instrument, delivered to Secured Party, are cumulative and given as
<br />additional security.
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<br />1.15 Escrow for Taxes and Insurance. In the event of the occurrence of an Event of
<br />Default hereunder, Secured Party may require Borrower to pay to Secured Party at the same time
<br />the monthly installments of interest on the Note are due, lIl2th of the annual taxes and
<br />assessments which may be levied against the Property and lIl2th of the annual premiums for the
<br />insurance required pursuant to Section 1.4 hereof, both as estimated initially and from time to
<br />time by Secured Party, to be used for the purpose of paying such taxes thil1y (30) days before the
<br />due date thereof and to pay insurance premiums when due. Any deficit shall immediately be
<br />paid to Secured Party by Borrower. It shall be the responsibility of Borrower to furnish Secured
<br />Party with bills in sufficient time to pay the taxes and assessments before penalty attaches and
<br />the insurance premiums before the policies lapse. Secured Party may hold said payments in any
<br />manner it selects, may commingle such payments with any other funds, and shall have no
<br />obligation whatsoever to pay any interest or earnings to Borrower on such payments held by it.
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<br />1.16 Compliance with Laws and Regulations. Borrower covenants and agrees that in
<br />the maintenance, repair, renewal, replacement, remodeling, modification, operation and
<br />management of the Property, Borrower will observe and comply with and cause to be observed
<br />and complied with all applicable, lawful and Constitutional, Federal, state and local statutes,
<br />ordinances, regulations, orders and restrictions, reserving hereby its respective rights to contest
<br />the same, or the application of the same, so long as such contest shall not prejudice the lien of
<br />this Deed of Trust nor affect the amounts secured hereby.
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<br />1.17 Indemnification. The Borrower will protect, indemnify and save harmless
<br />Secured Party from and against all liabilities, obligations, claims, damages, penalties, causes of
<br />action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses
<br />except as may be limited by law or judicial order or decision entered in any action brought to
<br />recover moneys under this Section) imposed upon, incurred by or asserted against Secured Party
<br />by reason of (a) Secured Party's ownership of any interest in the Property or any part thereof, (b)
<br />any accident, injury to or death of persons or loss of or damage to property occurring on or about
<br />the Property or any part thereof or the adjoining sidewalks, curbs, vaults and vault space, if any,
<br />streets or ways, (c) any use, disuse or condition of the Property or any part thereof, or the
<br />adjoining sidewalks, curbs, vaults and vault space, if any, streets or ways, (d) any failure on the
<br />part of the Borrower to perform or comply with any of the terms hereof, (e) any necessity to
<br />defend any of the rights, title or interests conveyed by this Deed of Trust or (f) the performance
<br />of any labor or services or the furnishing of any materials or other property in respect of the
<br />Property or any part thereof; provided, however, the indemnity herein contained shall not apply
<br />to acts or omissions of Secured Party, its agents and employees. In case any action, suit or
<br />proceeding is brought against Secured Party for any such reason, the Borrower, upon the request
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<br />AM 1570AM57667038:5LOUISVILLE
<br />3/20/08
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