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<br />mentaS and ron-governmtntal charges cf like nature art hereinatttr referred to as "Impnsitiors'"): provided. how-. <br />tvzr, that if. by taw, ar.}• such Imposition is payable- or may at the option of the taxpayer bz paid, in installmems:. - <br />Trustor may pay the same ro,ethzr with any accrued intrrzst on the unpaid balanez of such Impos¢ian in- <br />installments as the same become clue and fie(nre any tine. panah}', inttrrst nr cost ma}' he added thereto farther - _ <br />nonpa}`meat of any such installment and interest. - - <br />(b} If at-any time after the date hereof there shall be assessed or imposed (i) a tax or assessment on tfie?rust - <br />Estate in lira of or in addition to the Impositions payable-by Trustor pursuant 20 subparagraph {a) hereof; of-(ii) a - <br />license fee, tax or assessment imposed on Beneficiary and measured by or based in whole or in part .upon tht <br />amount of the outstanding obligations secured hereby, then aft such razes, assessments or fees shalt be.deemedYo <br />be included within the term "Impositions" as defined in subparagraph- (a) hereof, .and Trustor shall pay and-. ~ -- -- <br />discharge the saint as herein provided with respect to the payment of Impositions or, at the optiodof Beneficiary, <br />all obligations secured hereby together with all accrued interest thereon, shad immediately, become dtie and-' <br />pa}'able. Anything to the contrary heron notwithstanding, Trustor shall have no obligation to-pay any franchise; , <br />estate, inheritance, income; excess profits or similar taz levied-on Beneficiary or on 'the.obtigations secured..-_ _ <br />herchy. <br />(c) Subject to the provisions of subparagraph (d) of this Section I.08; Trustor covenants to furnish Bene- <br />ficiary within thirty (30) days after the date upon which any such Imposition would becomedelinquent official- <br />receipts of the appropriate taxing authority, or other p[oof satisfactory to Beneficiary, evidencing the payments - <br />thereof. <br />td) Trustor shall have the right before any delinquency occurs is contest or object to the amount oraalidiiy <br />of any such Imposition by appropriate legal proceedings, but this shalt not be deemed or construed in any way as <br />relieving, modifying or eztending Trustor's covenant to pay any such Imposition at the time and in-the manner <br />provided in this Section 1.08, unless Trustor has given prior written notice to Beneficiary of Trustor's intent to so- <br />contest or object to an imposition, and unless, at Beneficiary's sole option, (i) Trustor shall demonstrate_to - <br />Beneficiary's satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Trust., <br />Estatt, or any part thereof, to satisfy such Impasition prior to final determination of such proceedings; of (ii) <br />Trustor shall furnish a good and sufficient bond or surety as rcquzsted by and satisfactory-to Beneficiary;-or (iii) <br />Trustor shall have providtd a good and sufficient undertaking as may be required or permitted by taw to ac- <br />complish assay of such psoccedings. <br />(e) At the request of Beneficiary, Trustor shalt pay to Beneficiary, on the day monthly installments of prin- <br />cipal and interest are payable under the Note, until the Note is paid in full, an amount equal [o one-twelfth of [he- <br />annual imp<,sitirnts re:+aunahly r.;tint:nrd h}• Bencfician~ to l+a }• the installment of razes next due on the Trusl <br />Estate. in such event Trustor further agrees to cause all hills, statements or other documents relating tv Im- <br />positions to bt sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, <br />and providing Trustor has deposited sufficient funds with Brntficiary pursuant to this Sectior. 1.08, Beneficiary <br />shall pay such amounts as may be due thereunder out of the funds sv deposited with Bzncficiary. if at any time <br />and for any reason the funds deposittd with Btnet'itiary are or will he insufticitm to pay such amounts as may <br />then o. subsequtmty ht dot, Btnefi4iar}• shalt notify Trustor and Tractor shall immediately deposit as amount <br />equal to such deficiency with Sencficiary. No[withstanding thz faregoing, nathing contained herein shall cause <br />Beneficiary to be deemed a truster of said t`unds ur to be abiigated to pay ary amvunts in csetss of the amount of <br />funds deposited with Brnciiciary pursua"ni ;u this Section 1.u8. iscncfeiary shall nut be ehiigtd to pay yr a.Flaw <br />any interest on any sums held by 3ene[iciary pending disbursement or application hereunder, and 8entficiaty <br />may impound or reserve for future payment of Impositions such portion o(such payments as Beneficiary may in <br />its absolute discretion deem proper, applying the balance on the principal of ur interest an the obligations <br />secured herchy. Should Trustor fail to deposit with Beneficiar}• (exclusive of that portion of said payments which <br />has been applied by Beneficiary un the principal of err interest on the indebtedness soured by the Loan In- <br />struments) sums sufficient to fully pay such Impositions at Itast thirty (30) days btfare delinquency theroof, <br />Beneficiary may, at Beneficiary's election, but without any obligation so to do, advance any amounts required to <br />tnakt up the deficiency, which advances, if any, shall ht secured hereby and shall ht rtpa}'ablt to Beneficiary as <br />herein tistwhcre providtd, or at the optic?n of Beneficiary the latter may, without making art}' advance whatever, <br />apply any sums held by it upon any obligation of the Trustor secured hereby. Should any default occur or exist on <br />the part of the Trustor in the payment or per(armtutet of any of Trustor's and/or any guarantor's obligations un- <br />der Che terms of the Loan Instruments, Btnefieiary may, at any time ai 8tntficiary`s option, apply any sums or <br />amounts in iES hands received pursuant hereto, ar as rents ur income of the Trust Estatt ur otherwise, upon any <br />indebtedness a[ obligation of the Trustor secured hereby in sucttmennrr and ordr[ as Beneficiary may eieet.'I-ht <br />receipt, use ur application of any such sums paid by Trustor to Benttit:iary hereunder shall nut be construed to af- <br />fect the nra[urity oC any irdtbttdntss secured by this f)zed of Trust ur any of the rights or powers ut Btnefieiary <br />or Trustee under the tears of the Loan trsirumtnts of any u( the uhligati~n5 of Tcuswt andfor any guaranme un- <br />der this Laan Instrument. <br />(f) Trustor covenants and agrees not to suffer, permit or initiate the Joint assessment of the real end per <br />sonal prvpetty, or any' other pracedurt whereby the lien of the real property rases and the (ten of the personal <br />property taxes shall be assrescd, levied or chargad to the Trust Fstatr as a singit lien. <br />{g~-'-I-f'-rrgis®siuA-hY-Baxefic:~ari•;~-T-catr:~ur-~shal~l~-ra~uae--a~a-lac-fas;+ishe;l-t~,~;;~„~,;-T~a-tax-rr{~>rtirg-S~-rrert <br />eeat~e~izrg-t~-Ts~ush~LSaatr~-o{--eke--ty)+e.;-dueat+catr-~t+:nr_,~:,.,.,"^ - ~+trparry--sat+sfae-aer~y-to-B~+tef~;ary- <br />1.09 Utilities, To pay n~hvt due all uti(it} charges which arc incurred by [7ustur cur the benefit of the Tnist <br />Estate or which ma}^ become a charge or lien against the 'Crust Lstmc for gas, electricity, ~+ater ur sewer scnices <br />furnished to the TYust Estate :md all other usscssmtnts ur charges of a similar r.;aure, including sewer use fr°ts, <br />whether public ~e privab~, :effecting the Trust Lactic or any portion thereof, t.hethrr or i?ot such razes, assesvncnts <br />a chants are liens thtrron. <br /> <br />