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2oioo249s <br />cause the Premises at all times to be operated in compliance with all federal, state, local and <br />municipal environmental, health and safety laws, statutes, ordinances, rules and regulations. <br />3. Payment of Taxes and Assessments. Grantor shall pay all general taxes, special <br />taxes, special assessments, water charges, sewer service charges, and all other liens or charges <br />levied or assessed against the Premises, or any interest therein, of any nature whatsoever when <br />due and before any penalty or interest is assessed, and, at the request of Beneficiary, shall furnish <br />to Beneficiary duplicate receipts of payment therefor. If any special assessment is permitted by <br />applicable law to be paid in installments, Grantor shall have the right to pay such assessment in <br />installments, so long as all such installments are paid prior to the due date thereof. <br />Notwithstanding anything contained herein to the contrary, Grantor shall have the right to protest <br />any taxes assessed against the Premises, so long as such protest is conducted in good faith by <br />appropriate legal proceedings diligently prosecuted and Grantor shall furnish to the title insurer <br />such security or indemnity as said insurer requires to induce it to issue an endorsement, in form <br />and substance acceptable to Beneficiary, insuring over any exception created by such protest. <br />4. Tax Deposits. Grantor covenants to deposit with Beneficiary on the first day of <br />each month until the indebtedness secured by this Deed of Trust is fully paid, a sum equal to <br />one-twelfth (1/12th) of the annual taxes and assessments (general and special) on the Premises, <br />as reasonably determined by Beneficiary. If requested by Beneficiary, Grantor shall also deposit <br />with Beneficiary an amount of money which, together with the aggregate of the monthly deposits <br />to be made pursuant to the preceding sentence as of one (1) month prior to the date on which the <br />next installment of annual taxes and assessments for the current calendar year become due, shall <br />be sufficient to pay in full such installment of annual taxes and assessments, as estimated by <br />Beneficiary. Such deposits are to be held without any allowance of interest and are to be used <br />for the payment of taxes and assessments on the Premises next due and payable when they <br />become due. Beneficiary may, at its option, pay such taxes and assessments when the same <br />become due and payable (upon submission of appropriate bills therefor from Grantor) or shall <br />release sufficient funds to Grantor for the payment thereof. If the funds so deposited are <br />insufficient to pay any such taxes or assessments for any year (or installments thereof, as <br />applicable) when the same shall become due and payable, Grantor shall, within ten (10) days <br />after receipt of demand therefor, deposit additional funds as may be necessary to pay such taxes <br />and assessments in full. Tf the funds so deposited exceed the amount required to pay such taxes <br />and assessments for any year, the excess shall be applied toward subsequent deposits. Said <br />deposits need not be kept separate and apart from any other funds of Beneficiary. <br />S. Beneficiary's Interest In and Use of Deposits. Upon the occurrence of an Event <br />of Default, Beneficiary may, at its option, apply any monies at the time an deposit pursuant to <br />paragraph 4 hereof to cure an Event of Default or to pay any of the indebtedness secured hereby <br />in such order and manner as Beneficiary may elect. If such deposits are used to cure an Event of <br />Default or pay any of the indebtedness secured hereby, Grantor shall immediately, upon demand <br />by Beneficiary, deposit with Beneficiary an amount equal to the amount expended by Grantor <br />from the deposits. When the indebtedness secured hereby has been fully paid, any remaining <br />deposits shall be returned to Grantor. Such deposits are hereby pledged as additional security for <br />the indebtedness hereunder and shall not be subject to the direction or control of Grantor. <br />Beneficiary shall not be liable for any failure to apply to the payment of taxes, assessments and <br />insurance premiums any amount so deposited unless Grantor, prior to the occurrence of an Event <br />5 <br />