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proper to keep the Security in good condition and repair; (iii) to appear and participate in any
<br />action or proceeding which may affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee; (iv) to pay, purchase, contest or compromise any encumbrance, claim, charge, lien or
<br />debt which in the judgment of either may affect the security of this Deed of Trust or be prior or
<br />superior hereto; and (v) in exercising such powers to pay necessary expenses, including
<br />employment of counsel or other necessary or desirable consultants. Trustor shall reimburse
<br />Beneficiary on demand for all costs incurred by Beneficiary in connection with actions which
<br />Beneficiary reasonably deems advisable to protect its interest under the Loan Agreement and all
<br />such amounts shall bear interest at the Agreed Rate following demand and be secured hereby.
<br />2.14. Transfer of Property by Trustor.
<br />Prior to repayment of the Note, Trustor agrees that Trustor shall not sell or transfer the
<br />Security or any interest therein or sell or transfer all or substantially all of the assets of Trustor or
<br />any of them except as may be provided in the Loan Agreement.
<br />2.15. Additional Security.
<br />No other security now existing, or hereafter taken, to secure the Obligations secured
<br />hereby or the liability of any maker, surety guarantor or endorser with respect to such
<br />Obligations, or any of them, shall be impaired or affected by the execution of this Deed of Trust;
<br />and all additional security shall be taken, considered and held as cumulative. The taking of
<br />additional security, execution of partial releases of the Security, or any extension of the time of
<br />payment of the indebtedness shall not diminish the force, effect or lien of this Deed of Trust and
<br />shall not affect or impair the liability of any maker, surety, guarantor or endorser for the payment
<br />of said indebtedness. In the event Beneficiary at any time holds additional security for any of the
<br />Obligations secured hereby, it may enforce the sale thereof or otherwise realize upon the same, at
<br />its option, either before, concurrently, or after a sale is made hereunder.
<br />2.16. Liens.
<br />Trustor shall not cause, incur suffer or permit to exist or become effective any lien,
<br />encumbrance or charge upon all or any part of the Property, the Improvements or any interest
<br />therein other than (a) easements, rights of way, covenants, conditions, restrictions, liens, and
<br />other title limitations approved in writing by Beneficiary prior to the execution of this Deed of
<br />Trust, (b) immaterial easements and rights of way which are required by governmental
<br />authorities as a condition to the use and operation of the Improvements which are approved in
<br />writing by Beneficiary after the execution of this Deed of Trust, (c) easements, rights of way,
<br />covenants, conditions, restrictions, liens and other title limitations allowed pursuant to Section
<br />2.3 hereof and (d) deeds of trust, regulatory agreements and covenants contained in that certain
<br />lenders' title policy issued to the Beneficiary in connection with the Loan on or about the date
<br />hereof (the "Permitted Encumbrances"). Trustor shall pay and promptly discharge, at Trustor's
<br />cost and expense, all liens, encumbrances and charges upon the Security, or any part thereof or
<br />interest therein other than the Permitted Encumbrances; provided, that the existence of any
<br />mechanic's, laborer's, materialman's, supplier's or vendor's lien or right thereto shall not
<br />constitute a violation of this Section if payment is not yet due under the contract which is the
<br />foundation thereof. Trustor shall have the right to contest in good faith the validity of any such
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<br />The Crossroads at Washington
<br />City NSP Deed of Trust
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