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<br />8. All Condemnatian Awards resulting from any condemnation far public use of or
<br />injury to any of said Premises are hercby assigned and shall be paid to the Authority, wha may
<br />apply thc same to payrnent of the outstanding Obligations in accardance with the provisians of
<br />said 1602 Agreement and with paragraph 6 hereof, ai�d the Authority is hereby authorized, in the
<br />naime of Grantor, to execute and deliver valid acquittances thereof and Co appeal frorn any such
<br />award, any excess amaunts to be delivered to Grantor.
<br />9. (a) Grantor shall da or cause to be done everything neaessary to preserve the lien
<br />hereaf withaut expense to Tnrstee and Authority, including, without limitation, paying and
<br />dischar�ing or causing to be paid and discharged, whether or not payable directly by Grantor or
<br />subject to withhalding at the saurce, (i) all ta�ces, assessments, l�vies, fees, watcr and sewer rents
<br />and charges and all ather governmental chaxges, general, special, ordinary ox extraardinary, and
<br />all charges for utility or comznunications services, which nnay at any time be assess�d, levied or
<br />impased upan Grantar, the Premises, this Recapture Deed af Trust, the Obligations or the Rents
<br />ar which may arise in respect of the occupancy, use, possession ar operatian thereof, (ii) all
<br />income, excess profits, sales, gross receipts and oth�r taxes, duties ar iznposts, whethEr similar ar
<br />not in nature, assessed, levied or imposed by any governmental authority on Grantor, the
<br />Premises ar the Rents, and (iii) all lawfiil claims and demands of inechanics, laborers,
<br />materialmen and others which, if unpaid, might create a lien an the Prernises, or on the Rents,
<br />unless Grantor shall contest the amaunt ar validity thereaf in accordance with subsectinn (b).
<br />(b) Grantar rnay, at its own expense, contest or cause to be cantested, by
<br />appropriate legal procc�dings conducted in good faith and with due diligence, the amaunt ar
<br />validity or application, in whale or in part, of any item specifred in subsection (a) or lien therefor,
<br />pravided that (i) Grantor shall provide written notice to Authority of any contest involving rnore
<br />than $10,Q�0.00, (ii) such proceedin� shall suspend the callection therenf from the Pxemises ar
<br />any interest therein, (iii) neither the Premises nox any interest therein vvauld be in any dangcr af
<br />being sold, forfeited or lost by reason of such proce�dings, (iv) no Event oFDefault has accurred
<br />and is cantinuing, and (v) Grantor shall have depoaited with Autharity adequate resezves for the
<br />payment of the ta�ces, togethex with all interest and penalties thereon, unless paid in full under
<br />protest, or Grantor shall have fuz�nished th� sccurity as rnay be required in the proceeding or as
<br />may be requircd by Autharity ta insure payrnent o£ any contested taxcs.
<br />1Q. In the event the Grantor fails to pay any sums provided for in this Recapture Deed
<br />of Trust, the Authority, at its aption, nnay pay the same. Any excess funds accumulated under (a)
<br />of the preceding paragraph remaining after payment of' the items therein mentioned, may, at the
<br />Autharity 's option be crediied ta subsequent payments of the same nature required thereunder,
<br />but if any such item shall exceed the estimate therefore, or if Grantor shall fail to pay any other
<br />governmental or municipal charge, Grantor shall forthwith make good the deficiency or pay the
<br />charge befare the sarne becomes delinquent or subject to i�terest or penaltics and in def'ault
<br />thereof the Authority may pay the sarne. All sums paid by the Autharity and any suma which the
<br />Authority may be required to advance to pay insurance prerniums shall bc added to the
<br />Obligations secured hereby and shall bEar interest from the date of payment at the "Default Ratc"
<br />th.e rate published in the Wall Street Journal and identified therein as the Prime Rate on the date
<br />of such payment plus twa percent (2)% and shall be due and payable on demand. If the Property
<br />is sold under foreclosure or is otherwise acquired by the Authority after an Evcnt of Default, any
<br />s
<br />Recapture Deed of Trust and Security Agreement
<br />4834-895b-0838.2
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