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<br />name of Grantor, to execute and deliver valid acyuittances th�reof and to appeal fram any such
<br />award, any excess amounts to be delivered to Grantor.
<br />9. (a) Grantor shall do or cause to be done everything necessary to preserve the lien
<br />hereof without expense ta Trustee and Authority, including, without limitation, paying and
<br />discharging or causing to be paid and discharged, whether or not payable directly by Grantor or
<br />subject to withholding at the source, (i) all taxes, assessments, levies, fees, water and sewer rents
<br />and charges and all other governmental charges, general, special, ordinary or extraordinary, and
<br />all charges for utility or cornmunications services, which may at any time be assessed, levied or
<br />irnposed upon Grantor, the Premises, this Recapture Deed of Trust, the Obligations or the Rents
<br />or which may arise in respect of the occupancy, use, passession or aperatian thereof, (ii) all
<br />income, excess profits, sales, gross receipts and other taxes, dutres or imposts, whether similar or
<br />not in nature, assessed, levied or imposed by any governmental authority an Grantor, the
<br />Premises or the Rents, and (iii) all lawful claims and dernands of inechanics, laborers,
<br />materialmen and others which, if unpaid, might create a lien on the Premises, or on Che Rents,
<br />unless Grantor shall contest the arnount ar validity thereof in accordance with subsectian (b).
<br />(b) Grantor may, at its own expense, contest or cause to be contested, by
<br />appropriate legal praceedings conducted in good faith and with due diligence, the amount or
<br />validity or application, in whale ar in part, af any item specifted in subsection (a) or lien therefor,
<br />provided that (i) Grantor shall provide written notice to Authority of any contest involving mare
<br />than $1Q,pp0.00, (ii) such proceeding shall suspend the collection thereof from the Premises or
<br />any interest therein, (iii) neither the Premises nor any interest therein would be in any danger of
<br />being sold, forfeited or lost by reason of such proceedings, (iv) no Event of Default has occurred
<br />and is continuing, and (v) Grantor shall have deposited with Authority adequate reserves for the
<br />payment of' the taxes, together with all interest and penalties thereon, unless paid in full under
<br />protest, or Grantor shall have furnished the security as may be required in the praceeding or as
<br />may be required by Authority Co insure payrnent of any contested taxes.
<br />10. In the event the Grantar fails to pay any sums provided far in this Recapture Deed
<br />of Trust, the Authority, at its aption, may pay the same. Any excess funds accumulated under (a)
<br />of the preceding paragraph remaining after payment of the items therein mentioned, rnay, at the
<br />Authority 's aption be credited to subsequent payments of the same nature required thereunder,
<br />but if any such item shall exceed the estirnate therefare, ar if Grantor shall fail to pay any other
<br />govea or municipal charge, Grantor shall forthwith make good the de�ciency or pay the
<br />charge befare the same becomes delinquent or subject to interest or penalties and in default
<br />thereof the Authority may pay the same. All sums paid by the Authority and any sums which the
<br />Authority may be required to advance to pay insurance premiums shall be added to the
<br />Obligations secured hereby and shall bear interest from the date of payment at the "Default Rate"
<br />the rate published ira the Wall Street Journal and identi�ed therein as the Prime Rate on the date
<br />of such payment plus two percent (2)% and shall be due and payable on demand. if the Aroperty
<br />is sold under foreclosure or is otherwise acquired by the Authority after an Event af Default, any
<br />remaining balance of the accumulations under (a) of the preceding paragraph shall be credited to
<br />the Obligatians secured by this Recapture Deed of Trust as of the date of the commencement of
<br />foreclosure proceedings or as of the date the property is otherwise acquired. In the event such
<br />Rpcapture Deed of Trust and Security Agreement
<br />4848-254fi-7143.3
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