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written notice to Beneficiary. Trustor shall from time to time provide Beneficiary with <br />- certificates of insurance evidencing that such insurance is in force. Disposition of insurance <br /> proceeds shall be governed by the terms of the Lease. <br /> <br /> Beneficiary's Performance of Defaulted Acts; Subrogation <br /> <br /> 5. In case of default on the part of Trustor under this Deed of Trust and the failure of <br /> Trustor to cure such default within the applicable notice, cure or grace period, if any, Beneficiary <br /> shall have the fight, but not the obligation, to make any payment or perform any act herein or in <br /> or with respect to any of the Obligations required of Trustor, in any form and manner deemed <br /> expedient, and may, but need not, make full or partial payments of principal or interest on prior <br /> encumbrances, if any, and purchase, discharge, compromise or settle any tax lien or other prior <br /> Lien on title or claim thereof, or redeem from any tax sale or forfeiture affecting the Mortgaged <br /> Property or contest any tax or assessment. Anything in the preceding sentence to the contrary <br /> notwithstanding, Beneficiary may immediately take action to cure any default in the payment of <br /> taxes or insurance premiums or any other defaults that create an emergency regarding the priority <br /> or validity of the lien of this Deed of Trust or the physical condition of the Mortgaged Property <br /> without regard to Trustor's cure rights, if any. Except in the event of such an emergency, <br /> Beneficiary agrees to notify Trustor of Beneficiary's payment or performance. All monies paid <br /> for any of the purposes herein authorized and all expenses paid or incurred in connection <br /> therewith, including attorneys' fees and expenses, and any other monies advanced by Beneficiary <br /> to protect the Mortgaged Property or the lien hereof, shall be additional Obligations secured <br /> hereby immediately due and payable with interest thereon at the rate of interest in the Note until <br /> paid. Inaction of Beneficiary shall never be considered as a waiver of any fight accruing to it on <br /> account of any default on the part of Trustor under this Deed of Trust. Should the proceeds of <br /> the Obligations or any part thereof, or any amount paid out or advanced hereunder by <br /> Beneficiary, be used directly or indirectly to pay off, discharge or satisfy, in whole or in part, any <br /> Lien upon the Mortgaged Property or any part thereof on a parity with or prior or superior to the <br /> lien hereof, then as additional security hereunder, Beneficiary shall be subrogated to any and all <br /> fights, equal or superior titles, Liens and equities, owned or claimed by any owner or holder of <br /> said outstanding Liens, charges and indebtedness, however remote, regardless of whether said <br /> Liens, charges and indebtedness are acquired by assignment or have been released of record by <br /> the holder thereof upon payment. <br /> <br /> Default <br /> <br /> 6. The following shall be a default ("Event of Default") hereunder: if (a)any <br /> payment due under or with respect to any of the Obligations, or any other payment due in <br /> accordance with the terms of this Deed of Trust, is not paid when due and such nonpayment <br /> continues for a period of ten (10) days after such payment first becomes due; or (b) Trustor fails <br /> to carry or maintain any of the insurance required to be maintained under this Deed of Trust and <br /> such failure continues for thirty (30) days after written notice of default; or (c) any of the other <br /> covenants, agreements of conditions, hereinbefore or hereinafter contained, required to be kept <br /> or performed or observed by Trustor in this Deed of Trust, are not observed or perfomxed and <br /> such default is not remedied by Trustor within thirty (30) days after notice from Beneficiary to <br /> the Trustor; provided, however, that if such covenant agreement or condition is of such a nature <br /> that Trustor cannot cure the default within said thirty (30) days, and Trustor promptly <br /> <br /> 17996.00003XBGLIB 1\1083970.6 5 <br /> <br /> <br />