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they are, being contested by Borrower in good faith and by <br />appropriate legal proceedings. The Borrower and the City shall <br />post security for the payment of these contested claims as may be <br />requested by the Lenders. <br />4.6 Rights of Lenders to Remedy Defaults. If the <br />Borrower and /or the City defaults in payment of any tax, <br />assessment, lien, claim, insurance premium, or any other proper <br />charge, in whole or in part, or defaults in the performance of any <br />of the Secured Obligations, the Lenders at any time and from time <br />to time, with or without notice to or demand upon the Borrower <br />and /or the City, may make such payments or perform any such acts <br />required of the Borrower and /or the City, to such extent and in <br />any form or manner deemed expedient by the Lenders, and pay any <br />other sums, expenses and charges, including attorney's fees, <br />necessary to protect the Property and the lien of this Deed of <br />Trust, without incurring any obligation so to do or releasing the <br />Borrower and /or the City from any obligations and without waiving <br />or curing any default. The Lenders shall be the sole judge of the <br />validity, priority, and amount of any such tax, assessment, lien, <br />premium, claim or charge so paid by it and the necessity for the <br />performance by the Lenders of any such obligation which the <br />Borrower and /or the City was required but failed to perform. The <br />Lenders, at their option, shall be subrogated to any tax, <br />assessment, lien, premium, claim or charge which it has paid under <br />these provisions and any such subrogation rights shall be <br />additional and cumulative security to those set forth in the <br />Secured Obligations. <br />4.7 Renavment to the Lenders. Upon payment of any tax, <br />assessment, lien, claim, insurance premium or other charge which <br />the Borrower and /or the City fails to pay or upon either Lender's <br />performance of any obligation which the Borrower and /or the City <br />fails to perform, all as set forth in paragraph 4.6 above, the <br />amount so paid or the cost of performing any such obligation, <br />together with other sums paid or incurred by the Lenders, or <br />either of them, including charges, expenses and attorney's fees <br />relating to or growing out of such default, with interest thereon <br />from date of payment at the rate of ten percent (10 %) per annum <br />or, if lesser, the maximum rate permitted by law, shall be paid by <br />the Borrower and /or the City to the Lenders upon written demand. <br />The aggregate of all such amounts, including interest, shall be <br />secured by the lien of this Deed of Trust. <br />4.8 Defense of Actions and Payment of Costs. Borrower <br />shall appear in and defend all actions and proceedings purporting <br />to affect the Property or any right or power of either of the <br />Lenders or Trustee hereunder, provided that the Lenders and <br />Trustee, or either of them, may appear in and defend any such <br />action or proceeding and the Lenders are authorized to pay, <br />purchase or compromise on behalf of the Borrower and /or the City <br />CHFA 52P.RIDGE.VIEW.IST <br />01/06/90.Q02374 -6- <br />