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201107605 Section 3.8 Limitation on Liens; Transfer Restrictions. (a) Except for Permitted Liens, Permtted Encumbrances and the lien of this Deed of Trust, Grantor shall not, without the prior written consent of Beneficiary, permit to exist or grant any lien on all or any part of the Mortgaged Property or suf'f'er or allow any of the foregoing to occur by operation of law or otherwise. (b) Except to the extent not pronlbited by the Credit Agreerent, Grantor shall not, without the prior written consent of Beneficiary, sell, convey, assign, lease or otherwise transfer all or any part of the Mortgaged Property, Section 3.9 Payment of Charges. (a) Unless and to the extent contested by Grantor in accordance with the provisions of the Credit Agreement, Grantor shall pay and discharge, or cause to be paid and discharged, from time to time prior to same becoming delinquent, all Charges (b) Grantor shall pay any United States documentary stamp taxes, with interest and fines and penalties, and any mortgage recording taxes, with interest and fines and penalties, that may hereafter be levied, imposed or assessed under or upon or by reason hereof or the Secured Obligations or any instrument or transaction affecting or relating to either thereof and in default thereof Beneficiary may advance the same and the amount so advanced shall be payable by Grantor to Beneficiary in accordance with the provisions of the Credit Agreement. (c) In the event of the passage after the date hereof of any law deducting from the value of real property, for the purpose of taxation, amounts in respect of any Lien thereon or changing in any way the laws for the taxation of mortgages or debts secured by mortgages for state or local purposes or the manner of the collection of any taxes, and imposing any taxes, either directly or indirectly, on this Deed of Trust or any other Loan Document, Grantor shall promptly pay to Beneficiary such arnount or amounts as may be necessary from time to time to pay any such taxes, assessments or other charges re- sulting therefrom; provided, that if any such payment or reimbursement shall be unlawful or taxable to Beneficiary, or would constitute usury or render the indebtedness wholly or partially usurious under ap- plicable law, Grantor shall pay or reimburse Beneficiary for payment of the lawful and non - usurious por- tion thereof'. (d) In the event that the proceeds of any tax claim are paid after Beneficiary has ex- ercised its right to foreclose the lien hereof, such proceeds shall be paid to Beneficiary to satisfy any defi- ciency remaining after such foreclosure. Beneficiary shall retain its interest in the proceeds of any tax claim during any redemption period. The amount of any such proceeds in excess of any deficiency claim of the Beneficiary shall in a reasonably prompt manner be released to Grantor. ARTICLE 4 FlizIentionally OmIllea l ARTICLE 5 DEFAULT AND FORECLOSURE Section 5.1 Remedies. Upon the occurrence and during the continuance of an Event of Default, Beneficiary may, at Beneficiary's election and by or through Trustee or otherwise, exercise any or all of the following rights, remedies and recourses: -6-