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<br />08.06.2008
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<br />200807161
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<br />File No. 16-471
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<br />Section 1.19. Inspections. Beneficiary, or its agents, representatives or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Mortgaged Property for the
<br />purpose of inspecting the same and all books, records and documents relating thereto, and for
<br />the purpose of performing any of the acts it is authorized to perform under the terms of any of
<br />the Loan Documents.
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<br />Section 1.20. Liens. Trustor shall pay and promptly discharge, at Trustor's cost and
<br />expense, all liens, encumbrances and charges upon the Mortgaged Property, or any part
<br />thereof or interest therein. Trustor shall have the right to contest in good faith the validity of any
<br />such lien, encumbrance or charge, provided Trustor shall first deposit with Beneficiary a bond or
<br />other security satisfactory to Beneficiary in such amounts as Beneficiary shall require but not
<br />more than 150% of the amount of the claim plus costs (including attorneys' fees) and interest
<br />and provided further that Trustor shall thereafter diligently proceed to cause such lien,
<br />encumbrance or charge to be removed and discharged. If Trustor shall fail so to discharge any
<br />such lien, encumbrance or charge, then, in addition to any other right or remedy of Beneficiary,
<br />Beneficiary may, but shall not be obligated to, discharge the same, either, by paying the amount
<br />claimed to be due, or by procuring the discharge of such lien, either, by depositing in court a
<br />bond in the amount claimed or otherwise giving security for suCh claim, or in such manner as is
<br />or may be prescribed by law. Any cost incurred by Beneficiary in connection with any such
<br />payment or discharge shall be secured hereby and shall be immediately due and payable
<br />without notice or demand.
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<br />Section 1.21. Restrictions Affectina Title. Trustor shall perform when due all Secured
<br />Obligations required to be performed by Trustor by the provisions of any agreement affecting
<br />title to the Mortgaged Property.
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<br />Section 1.22. Further Assurances. Trustor shall take all action and do all things which
<br />it is authorized by law to take and do, and cooperate with Beneficiary as Beneficiary deems
<br />necessary or desirable, to insure the release of all encumbrances against the Mortgaged
<br />Property, except Permitted Encumbrances, existing prior to the date hereof.
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<br />So long as any Secured Obligation shall remain unpaid, Trustor shall execute,
<br />acknowledge, where appropriate, and deliver from time to time promptly at the request of
<br />Beneficiary all such instruments and documents as in the opinion of Beneficiary are necessary
<br />or desirable to preserve the first priority lien created by this Deed of Trust.
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<br />Section 1.23. Performance of Covenants. Trustor shall faithfully perform at all times
<br />any and all covenants, undertakings, stipulations and provisions contained in the Loan
<br />Documents and in all of its proceedings pertaining to this Deed of Trust.
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<br />Section 1.24. No Event of Default Under Loan Documents. Trustor agrees to notify
<br />Beneficiary immediately in writing of any default by Trustor in the performance or observance of
<br />any covenant, agreement, representation, warranty or obligation of Trustor set forth in this Deed
<br />of Trust. Trustor shall also notify Beneficiary in writing of any event or condition which with the
<br />lapse of time or the giving of notice would constitute an Event of Default.
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<br />Section 1.25. Rules. ReQulations. Environmental Laws. Trustor represents, warrants
<br />and covenants:
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<br />(i) that the location, construction, occupancy, operation and use of the
<br />Mortgaged Property do not violate any applicable law, statute, ordinance, rule, regula-
<br />tion, order or determination of any governmental authority or any board of fire
<br />underwriters (or other body exercising similar functions), or any restrictive covenant or
<br />deed restriction (record or otherwise) affecting the Mortgaged Property, including,
<br />without limitation, all applicable zoning ordinances and building codes, flood disaster
<br />laws and health and environmental laws and regulations (hereinafter sometimes
<br />collectively called Applicable Regulations");
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<br />(ii) that the Mortgaged Property and Trustor are not in violation of or subject
<br />to any existing, pending or threatened investigation or inquiry by any governmental
<br />authority or to any remedial obligations under any Applicable Regulations pertaining to
<br />health or the environment (hereinafter sometimes collectively called "Applicable
<br />Environmental Laws"), including, without limitation, the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and ~he
<br />Resource Conservation and Recovery Act of 1976 ("RCRA"), and this representation
<br />and warranty would continue to be true and correct following disclosure to the applicable
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 1 0
<br />#553480-v1
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