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This Deed of Trust is for the purposes of securing performance of each agreement of Grantor <br /> contained herein and in the Agreement and payment by Grantor of the sum of four million <br /> ($4,000,000), or such lesser principal sum that Beneficiary actually advances to Grantor, in <br /> accordance with the terms of a promissory note of even date herewith (the "Note"), payable to <br /> City or order,made by Grantor,and all renewals,modifications and extensions thereof,and also <br /> such further sums as may be advanced or loaned by the City to Grantor, or any of their <br /> successors or assigns,together with interest thereon at such rate as shall be agreed upon. <br /> To protect the security of this Deed of Trust, Grantor covenants and agrees: <br /> 1. Subject to the contemplated demolition of the existing improvements on the <br /> Property as of the date of this Deed of Trust and the construction of new improvements on the <br /> Property, to keep the Premises in good condition and repair; not to remove or demolish any <br /> building thereon; to complete or restore promptly and in good and workmanlike manner any <br /> building that may be constructed, damaged, or destroyed, and to pay when due all claims for <br /> labor performed and materials furnished therefor;to comply with all laws affecting the Premises <br /> or requiring any alterations or improvements to be made; not to commit or permit waste <br /> thereof; not to commit, suffer, or permit any act upon the Premises in violation of law; and to <br /> do all other acts which from the character or use of the Premises may be reasonably necessary <br /> to preserve and conserve its value. <br /> 2. To pay before delinquent all taxes, assessments and any other charges affecting the <br /> Property when due, subject to the Grantor's right to contest such taxes, assessments and other <br /> charges in good faith; and,except for encumbrances, charges, and liens of record as of the date <br /> of this Deed of Trust,to keep the Property free and clear of all other encumbrances. <br /> 3. To keep all buildings now or hereafter erected on the Property described herein <br /> continuously insured against loss by fire or other hazards in an amount not less than the total <br /> replacement value. The Beneficiary will require Grantor to acquire title insurance for the sum <br /> of Grantor's purchase price of the Property. All policies shall be held by the City, and be in such <br /> companies as the City may approve and have loss payable first to the City, as its interest may <br /> appear, and then to the Grantor. Except as otherwise set forth in the Agreement or the Note, <br /> the amount collected under any insurance policy may be applied to any indebtedness hereby <br /> secured in such order as the Beneficiary shall determine. Such application by the Beneficiary <br /> shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event <br /> of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the <br /> purchaser at the foreclosure sale. <br /> 4. To defend any action or proceeding purporting to affect the security hereof or the <br /> rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including the cost <br /> of title search and attorneys'fees in a reasonable amount,in any such action or proceeding,and <br /> in any suit brought by the Beneficiary to foreclose this Deed of Trust. <br /> 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including <br /> the expenses of the Trustee incurred in enforcing the obligations secured hereby and Trustee's <br /> and attorneys'fees actually incurred, as provided by statute. <br /> Deed of Trust Page 2 <br />