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<br />08.06.2008
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<br />200807161
<br />
<br />File No. 16-471
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<br />is prosecuted to judgment. Upon an Event of Default, Beneficiary may employ an
<br />attorney or attorneys to protect its rights hereunder, and in the event of such
<br />employment following an Event of Default, Trustor shall pay all attorneys' fees and
<br />expenses incurred by Beneficiary, whether or not an action is actually commenced
<br />against Trustor by reason of an Event of Default.
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<br />(b) Trustor waives any and all right to claim or recover against Beneficiary, its
<br />officers, employees, agents and representatives, for loss of or damage to Trustor, the
<br />Mortgaged Property, Trustor's property or the property of others under Trustor's control
<br />from any cause insured against or required to be insured against by the provisions of
<br />this Deed of Trust.
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<br />(c) All sums payable by Trustor hereunder shall be paid without notice,
<br />demand, counterclaim, setoff, deduction or defense and without abatement, suspension,
<br />deferment, diminution or reduction, and the Secured Obligations of Trustor hereunder
<br />shall in no way be released, discharged or otherwise affected by reason of: (i) any
<br />damage to or destruction of or any condemnation or similar taking of the Mortgaged
<br />Property, or any part thereof; (ii) any restriction or prevention of or interference with any
<br />use of the Mortgaged Property or any part thereof; (iii) any title defect or encumbrance or
<br />any eviction from the Property or the Improvements, or any part thereof, by title
<br />paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition,
<br />adjustment, dissolution, liquidation or other like proceeding relating to Trustor, or any
<br />action taken with respect to this Deed of Trust by any trustee or receiver of Trustor, or by
<br />any court, in any such proceeding; or (v) any other occurrence whatsoever, whether
<br />similar or dissimilar to the foregoing; whether or not Trustor shall have notice or
<br />knowledge of any of the foregoing. To the extent permitted by law, Trustor waives all
<br />rights now or hereafter conferred by statute or otherwise to any abatement, suspension,
<br />deferment, diminution or reduction of any Secured Obligation.
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<br />Section 1.10. Taxes and Impositions.
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<br />(a) Trustor agrees to pay, prior to delinquency, all real property taxes and
<br />assessments, general and special, and all other taxes and assessments of any kind or
<br />nature whatsoever, which are assessed or imposed upon the Mortgaged Property, or
<br />become due and payable, and which create, may create or appear to create a lien upon
<br />the Mortgaged Property, or any part thereof, or upon any personal property, equipment
<br />or other facility used in the operation or maintenance thereof (all of which taxes,
<br />assessments and other governmental and nongovernmental charges of like nature are
<br />hereinafter referred to as "Impositions"); provided, however, that if, by law, any such
<br />Imposition is payable, or may at the option of the taxpayer be paid, in installments,
<br />Trustor may pay the same, together with any accrued interest on the unpaid balance of
<br />such Imposition, in installments as the same become due and before any fine, penalty,
<br />interest or cost may be added thereto for the nonpayment of any such installment and
<br />interest.
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<br />(b) If at any time after the date hereof there shall be assessed or imposed (i)
<br />a tax or assessment on the Mortgaged Property in lieu of or in addition to the Impositions
<br />payable by Trustor pursuant to subparagraph (a) hereof, or (ii) a license fee, tax or
<br />assessment imposed on Beneficiary and measured by or based in whole or in part upon
<br />the amount of the outstanding Secured Obligations, then all such taxes, assessments or
<br />fees shall be deemed to be included within the term "Impositions" as defined in
<br />subparagraph (a) hereof, and Trustor shall pay and discharge the same as herein
<br />provided with respect to the payment of Impositions. In addition to the other remedies of
<br />Beneficiary under Article V of this Deed of Trust, at the option of Beneficiary, all Secured
<br />Obligations, together with all accrued interest thereon, shall become due and payable
<br />one hundred eighty (180) days after Trustor receives written notice thereof in the event
<br />that Trustor shall not be permitted to pay such fees, taxes or assessments on behalf of
<br />Beneficiary .
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<br />(c) Subject to the provisions of subparagraph (d) of this Section 1.10, Trustor
<br />covenants to furnish Beneficiary within thirty (30) days after the date upon which any
<br />such Imposition is due and payable by Trustor, official receipts of the appropriate taxing
<br />authority, or other proof satisfactory to Beneficiary, evidencing the payment thereof.
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<br />(d) Subject to the applicable state law provisions, Trustor shall h~v~ the right
<br />before any delinquency occurs to contest or object to the amount or validity of any
<br />Imposition by appropriate legal proceedings, but this shall not be deemed or construed
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 7
<br />#553480-v1
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