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<br /> furnished other security as may reasonably be required from time to time by Beneficiary;
<br /> and provided further that Trustor shall timely make any payment necessary to prevent a lien
<br /> foreclosure, sale, forfeiture or loss of the Property.
<br /> Trustor shall immediately discharge or cause to be discharged any lien on the
<br /> Property (other than encumbrances approved by Beneficiary as of the date hereof in
<br /> writing). Trustor shall pay when due each obligation secured by or reducible to a lien,
<br /> charge or encumbrance which now does or later may encumber or appear to encumber all
<br /> or part of the Property or any interest in it, whether or not such lien, charge or encumbrance
<br /> is or would be senior or subordinate to this Deed of Trust. Trustor shall not be required to
<br /> pay any tax, levy, charge or assessment so long as its validity is being actively contested in
<br /> good faith and by appropriate actions and/or proceedings.
<br /> 7.9 Subrogation. Beneficiary shall be subrogated to the liens of all
<br /> ' encumbrances, whether released of record or not, which are discharged in whole or in part
<br /> by Beneficiary in accordance with this Deed of Trust.
<br /> 7.10 Hazard, Liability and Workers' Compensation Insurance. At all times during
<br /> the term hereof, Trustor shall at Trustor's expense, maintain insurance policies in
<br /> accordance with the requirements set forth in the Loan Agreement. Trustor shall file with
<br /> Beneficiary prior to the commencement of the term hereof, certificates evidencing each of
<br /> the insurance policies required pursuant to the Loan Agreement, and such certificates shall
<br /> provide that at least thirty (30) days' prior written notice shall be provided to Beneficiary
<br /> prior to the expiration, cancellation or change in coverage under each such policy. If any
<br /> insurance policy required pursuant to the Loan Agreement is canceled or the coverage
<br /> provided thereunder is reduced, Trustor shall, within ten (10) days after receipt of written
<br /> notice of such cancellation or reduction in coverage, but in no event later than the effective
<br /> date of cancellation or reduction, file with Beneficiary a certificate showing that the required
<br /> insurance has been reinstated or provided through another insurance company or
<br /> companies. Upon failure to so file such certificate, Beneficiary may, without further notice
<br /> and at its option, procure such insurance coverage at Trustor's expense, and Trustor shall
<br /> promptly reimburse Beneficiary for such expense upon receipt of billing from Beneficiary.
<br /> 7.11 Hazardous Materials. Trustor shall not cause or permit any Hazardous
<br /> Material (as defined in Section 4.13.1 of the Loan Agreement) to be brought upon, kept,
<br /> stored or used in, on, under, or about the Land by Trustor, its agents, employees,
<br /> contractors or invitees except for incidental supplies ordinarily used in the construction and
<br /> operation of the Project in compliance with all applicable laws, and shall not cause any
<br /> release of Hazardous Materials into, onto, under or through the Land. If any Hazardous
<br /> Material is discharged, released, dumped, or spilled in, on, under, or about the Land and
<br /> results in any contamination of the Land or adjacent property, or otherwise results in the
<br /> release or discharge of Hazardous Materials in, on, under or from the Land, Trustor shall
<br /> promptly take all actions at its sole expense as are necessary to comply with all
<br /> Environmental Laws (as defined in Section 4.13.1 of the Loan Agreement).
<br /> Trustor shall indemnify, defend (with counsel reasonably acceptable to Beneficiary),
<br /> and hold Beneficiary and its elected and appointed officials, officers, agents and employees
<br /> (collectively, "Indemnitees") harmless from and against any and all loss, claim, liability,
<br /> 1172395-3 7
<br /> Commercial Rehabilitation Loan Program
<br /> Owner Participation and Loan Agreement
<br /> Form: 10-20-09
<br />
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