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<br />200900662
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<br />the Improvements and that it owns the Trust Property free and clear of all liens, encumbrances
<br />and charges whatsoever except for those of record (the "Permitted Encumbrances"), and that
<br />this Deed of Trust is and will remain a valid and enforceable lien on and security interest in the
<br />Trust Property, subject only to the Permitted Encumbrances. Trustor shall forever warrant,
<br />defend and preserve such title and the validity and priority of the lien of this Deed of Trust,
<br />subject to the Permitted Encumbrances, and shall forever warrant and defend the same to
<br />Beneficiary against the claims of all persons whomsoever, subject to the Permitted
<br />Encumbrances.
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<br />3. Pavment of Impositions. Trustor shall pay all taxes (both real and personal),
<br />assessments, water charges, sewer charges, ground rents, maintenance charges and all other
<br />charges, including, without limitation, vault charges and license fees for the use of vaults, chutes
<br />and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed
<br />against the Trust Property or any part thereof (the "Impositions") before the same shall
<br />become delinquent. Trustor will deliver to Beneficiary, upon request, evidence satisfactory to
<br />Beneficiary that the Impositions are not delinquent. Trustor shall pay all taxes levied upon this
<br />Deed of Trust, or the Debt secured hereby, together with any other taxes (other than
<br />Beneficiary's Federal, State, or local income tax, if any) or assessments which may be levied
<br />against the Beneficiary, or the legal holder of the Note, on account of this indebtedness. Trustor
<br />shall not suffer and shall promptly cause to be paid or transferred to a surety bond and
<br />discharged any lien or charge whatsoever which may be or become a lien or charge against the
<br />Trust Property, and shall promptly pay for all utility services provided to the Trust Property.
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<br />4. Liens. Trustor shall not create, incur or suffer to exist any lien, encumbrance or
<br />charge on the Trust Property or any part thereof which might or could be held to be superior or
<br />inferior to the lien of this Deed of Trust, other than any such lien, encumbrance or charge
<br />constituting a Permitted Encumbrance, if any. Trustor shall pay, when due, the claims of: (i) all
<br />persons supplying labor or materials to or in connection with the Trust Property; and (ii)
<br />registered or certified surveyors or engineers, or licensed architects, or their professional
<br />consultants supplying professional services in connection with the Trust Property.
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<br />5. Compliance with Permitted Encumbrances and Laws. Trustor shall comply with
<br />all present and future statutes, laws, rules, orders, regulations and ordinances affecting the
<br />Trust Property, any part thereof or the use thereof and shall comply with all covenants,
<br />conditions and restrictions applicable to the Trustor which are contained in any documents
<br />constituting a Permitted Encumbrance.
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<br />6. Preservation and Maintenance of Trust Propertv. Trustor (i) shall keep the
<br />Improvements now or hereafter erected on the Premises in safe and good repair and condition,
<br />ordinary depreciation excepted; (ii) shall, upon damage or destruction of the Trust Property or
<br />any part thereof by fire or other casualty, restore, repair, replace or rebuild the Trust Property
<br />that is damaged or destroyed to the condition it was in immediately prior to such damage or
<br />destruction, whether or not any insurance proceeds are available or sufficient for such purpose;
<br />provided, however, that if Beneficiary shall apply all the insurance proceeds or any portion
<br />thereof to payment of the Debt, Trustor shall have the option, in lieu of completing such repair,
<br />replacement, rebuilding or restoration, to pay in full the Note and the entire Debt without
<br />payment of a premium or penalty; (iii) shall constantly maintain the parking and landscaped
<br />areas of the Trust Property; (iv) shall not commit waste or permit impairment or deterioration of
<br />the Trust Property; (v) shall not make or permit alterations of the design or structural character
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