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f►�Ijf DTiZ11 %3 Grantor under any Mortgaged Property) or, if' any representation or warranty on the part of Grantor con- tained herein shall be breached, Administrative Agent may (but shall not be obligated to) do the same or- cause it to be done or, remedy any such breach, and may expend funds for such purpose; provided, how- ever, that Administrative Agent shall in no event be bound to inquire into the validity of any tax, lien, im- position or other obligation which Grantor fails to pay or perform as and when required hereby and which Grantor does not contest in accordance with the provisions of the Credit Agreement. Any and all amounts so expended by Administrative Agent shall be paid by Grantor in accordance with the provisions of Sec- tion 10.04 of the Credit Agreement. Neither the provisions of this Section 9.3 not any action taken by Administrative Agent pursuant to the provisions of this Section 9.3 shall prevent any such failure to ob- serve any covenant contained in this Deed of Trust nor any breach of representation or, warranty from constituting an Event of Default. Grantor hereby irrevocably appoints Beneficiary as its attorney -in -fact, which agency is coupled with an interest and with full power of substitution, with full authority in the place and stead of Grantor and in the name of Grantor or otherwise (a) to execute and /or record any no- tices of completion, cessation of labor or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, if Grantor shall fail to do so within ten (10) days after written request by Benefici- ary, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, per- fect or preserve Beneficiary's security interests and rights in or to any of the Mortgaged Property, and (d) after the occurrence and during the continuance of any Event of Default, to perform any obligation of Grantor hereunder; provided, however, that (1) Beneficiary shall not under any circumstances be obli- gated to perform any obligation of Grantor; (2) any sums advanced by Beneficiary in such performance shall be added to and included in the Secured Obligations and shall bear interest at the highest rate at which interest is then computed on any portion of the Secured Obligations; (3) Beneficiary as such attor- ney -in -fact shall only be accountable for such funds as are actually received by Beneficiary; and (4) Bene- ficiary shall not be liable to Grantor or any other person or entity for any failure to take any action which it is empowered to take under this Section 9.3, Section 9.4 Successors and Assigns. This Deed of Trust shall be binding upon and inure to the benefit of Beneficiary, the other Secured Parties, Trustee and Grantor and their respective successors and assigns. Grantor shall not, without the prior written consent of Beneficiary, assign any rights, duties or obligations hereunder. Section 9.5 No Waiver. Any failure by Beneficiary, the other Secured Parties or Trustee to insist upon strict performance of any of the terms, provisions or conditions of the Loan Docu- ments shall not be deemed to be a waiver of same, and Beneficiary, the other Secured Parties and Trustee shall have the right at any time to insist upon strict performance of all of such terms, provisions and con - ditions. Section 9.6 Credit Agreement. If any conflict or inconsistency exists between this Deed of Trust and the Credit Agreement, the Credit Agreement shall control and govern to the extent of any such conflict or inconsistency. Section 9.7 Release or Reconveyance. (a) When all the Secured Obligations (other than unasserted contingent obligations) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit -13-