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Trustor's property or the property of others under Trustor's control from any cause insured <br />against or required to be insured against by the provisions of this Deed of Trust; provided, <br />however, that this waiver of subrogation shall not be effective with respect to any policy of <br />insurance permitted or required by this Deed of Trust if (i) such policy prohibits, or if coverage <br />thereunder would be reduced as a result of, such waiver of subrogation and (ii) Trustor is unable <br />to obtain from a carrier issuing such insurance a policy that, by special endorsement or <br />otherwise, permits such a waiver of subrogation. <br />(b) Except as otherwise specifically provided herein, all amounts payable by Trustor <br />pursuant to this Deed of Trust shall be paid without notice, demand, counterclaim, setoff, <br />deduction or defense and without abatement, suspension, deferment, diminution or reduction, <br />and the obligations and liabilities of Trustor hereunder shall in no way be released, discharged or <br />otherwise affected (except as expressly provided herein) by reason of (i) any damage to or <br />destruction of or any condemnation or similar taking of the Security or any part thereof, (ii) any <br />restriction or prevention of or interference by any third party with any use of the Security or any <br />part thereof; (iii) any title defect or encumbrance or any eviction from the Security or any part <br />thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, <br />composition, adjustment, dissolution, liquidation or other like proceeding relating to Beneficiary, <br />or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary, <br />or by any court, in any such proceeding; (v) any claim which Trustor has or might have against <br />Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any <br />of the terms hereof or of any other agreement with Trustor; or (vii) any other occurrence <br />whatsoever, whether similar or dissimilar to the foregoing. Except as expressly provided herein, <br />Trustor waives all rights now or hereafter conferred by statute or otherwise to any abatement, <br />suspension, deferment, diminution or reduction of any sum secured hereby and payable by <br />Truster. <br />2.12. Utilities. <br />Truster shall pay or cause to be paid when due all utility charges which are incurred for <br />the benefit of the Security or which may become a charge or lien against the Security for gas, <br />electricity, water, sewer services or other fees and charges for utilities furnished to the Security <br />and all other assessments or charges of a similar nature, whether public or private, affecting or <br />related to the Security or any portion thereof, whether or not such taxes, assessments or charges <br />are or may become liens thereon. <br />2.13. Actions by Beneficiary to Preserve Property. <br />If Trustor fails to make any payment or to do any act as and in the manner provided in <br />this Deed of Trust, Beneficiary and Trustee, and each of them, each in its own discretion, without <br />obligation to do so, without releasing Trustor from any Obligation, and subject only to the notice <br />and cure provisions of the Loan Agreement, may make or do the same in such manner and to <br />such extent as either may deem necessary to protect the security hereof. In connection therewith <br />(without limiting their general and other powers, whether conferred herein, in another Loan <br />Document or by law), Beneficiary and Trustee shall each and are hereby given the right, but not <br />the obligation: (i) to enter upon and take possession of the Security; (ii) to make additions, <br />alterations, repairs and improvements to the Security which either of them consider necessary or <br />10 <br />The Crossroads at Washington <br />City NSP Deed or Trust <br />