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201002498
<br />counsel for Beneficiary it shall be unlawful to require Grantor to make such payment or the
<br />making of such payment might result in the imposition of interest beyond the maximum amount
<br />permitted by law, then Beneficiary may declare all of the indebtedness secured hereby to be
<br />immediately due and payable.
<br />12. Beneficia 's Performance of Defaulted Acts and Ex enses Incurred b
<br />Beneficiary. If an Event of Default has occurred, Beneficiary may, but need not, make any
<br />payment or perform any act herein required of Grantor in any farm and manner deemed
<br />expedient by Beneficiary, and may, but need not, make full or partial payments of principal or
<br />interest on prior encumbrances, if any, and purchase, discharge, compromise or settle any tax
<br />lien or other prior lien or title or claim thereof, or redeem from any tax sale or forfeiture affecting
<br />the Premises or consent to any tax or assessment or cure any default of Grantor in any lease of
<br />the Premises. All monies paid for any of the purposes herein authorized and all expenses paid or
<br />incurred in connection therewith, including attorneys' fees, the costs of any environmental audit
<br />provided for in the Loan Documents, and any other monies advanced by Beneficiary in regard to
<br />any tax referred to in paragraph 8 above or to protect the Premises or the lien hereof, shall be so
<br />much additional indebtedness secured hereby, and shall become immediately due and payable by
<br />Grantor to Beneficiary, upon demand, and with interest thereon accruing from the date of such
<br />demand until paid at the Default Rate (as defined in the Nate) then in effect. In addition to the
<br />foregoing, any costs, expenses and fees, including attorneys' fees, incurred by Beneficiary in
<br />connection with (a) sustaining the lien of this Deed of Trust or its priority, (b) protecting or
<br />enforcing any of Beneficiary's rights hereunder, (c) recovering any indebtedness secured hereby,
<br />(d) any litigation or proceedings affecting the Note, the 2007 Note, the 2003 Laan Agreement,
<br />this Deed of Trust, any of the other Loan Documents or the Premises, including without
<br />limitation, bankruptcy and probate proceedings, or (e) preparing for the commencement, defense
<br />or participation in any threatened litigation or proceedings affecting the Note, the 2007 Note, the
<br />2003 Loan Agreement, this Deed of Trust, any of the other Loan Documents or the Premises,
<br />shall be so much additional indebtedness secured hereby, and shall become immediately due and
<br />payable by Grantor to Beneficiary, upon demand, and with interest thereon accruing from the
<br />date of such demand until paid at the Default Rate. The interest accruing under this paragraph 12
<br />shall be immediately due and payable by Grantor to Beneficiary, and shall be additional
<br />indebtedness evidenced by the Note, the 2007 Note and the 2003 Loan Agreement, and secured
<br />by this Deed of Trust. Beneficiary's failure to act shall never be considered as a waiver of any
<br />right accruing to Beneficiary on account of any Event of Default. Should any amount paid out or
<br />advanced by Beneficiary hereunder, ar pursuant to any agreement executed by Grantor in
<br />connection with the Loans, be used directly or indirectly to pay off, discharge or satisfy, in whole
<br />or in part, any lien or encumbrance upon the Premises or any part thereof, then Beneficiary shall
<br />be subrogated to any and all rights, equal or superior titles, liens and equities, owned or claimed
<br />by any owner or holder of said outstanding liens, charges and indebtedness, regardless of
<br />whether said liens, charges and indebtedness are acquired by assignment or have been released
<br />of record by the holder thereof upon payment.
<br />13. Beneficiary's Relianee on Tax Bills and Claims for Liens. Beneficiary, in
<br />making any payment hereby authorized: (a) relating to taxes and assessments, may do so
<br />according to any bill, statement or estimate procured from the appropriate public office without
<br />inquiry into the accuracy of such bill, statement or estimate or into the validity of any tax,
<br />assessment, sale, forfeiture, tax lien or title or claim thereof; or (b) for the purchase, discharge,
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