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4.3 Payment of Taxes and Utility Charges. To pay, at
<br />least ten (10) days prior to delinquency, all taxes and
<br />assessments, both general and special, fines, penalties, levies
<br />and charges of every type or nature levied upon or assessed
<br />against any part of the Property or upon Trustee's or the Agency's
<br />interest in the Property.
<br />4.4 Payment and Discharge of Liens. Borrower and the
<br />City shall pay, when due, all claims of every kind and nature
<br />which might or could become a lien on the Property or any part
<br />thereof and shall not at any time, without the prior written
<br />consent of the Agency, create or allow to exist any lien on the
<br />Property or any part thereof of any kind or nature other than this
<br />Deed of Trust; provided, however, that the following are excepted
<br />from this prohibition: (a) liens for taxes and assessments which
<br />are not delinquent although by law are given the status of a lien,
<br />and (b) such of the above claims as are, and only during the time
<br />they are, being contested by Borrower in good faith and by
<br />appropriate legal proceedings. Borrower and the City shall post
<br />security for the payment of these contested claims as may be
<br />requested by the Agency.
<br />4.5 Rights of Agency to Remedy Defaults. If Borrower
<br />and /or the City defaults in payment of any tax, assessment, lien,
<br />claim, insurance premium, or any other proper charge, in whole or
<br />in part, or defaults in the performance of any of the Secured
<br />Obligations, the Agency at any time and from time to time, with or
<br />without notice to or demand upon Borrower and /or the City, may
<br />make such payments or perform any such acts required of Borrower
<br />and /or the City, to such extent and in any form or manner deemed
<br />expedient by the Agency, and pay any other sums, expenses and
<br />charges, including attorney's fees, necessary to protect the
<br />Property and the lien of this Deed of Trust, without incurring any
<br />obligation so to do or releasing Borrower and /or the City from any
<br />obligations and without waiving or curing any default. The Agency
<br />shall be the sole judge of the validity, priority, and amount of
<br />any such tax, assessment, lien, premium, claim or charge so paid
<br />by it and the necessity for the performance by the Agency of any
<br />such obligation which Borrower and /or the City was required but
<br />failed to perform. The Agency, at its option, shall be subrogated
<br />to any tax, assessment, lien, premium, claim or charge which it
<br />has paid under these provisions and any such subrogation rights
<br />shall be additional and cumulative security to those set forth in
<br />the Secured Obligations.
<br />4.6 Repayment to the Agency. Upon the Agency's payment
<br />of any tax, assessment, lien, claim, insurance premium or other
<br />charge which Borrower and /or the City fails to pay or upon the
<br />Agency's performance of any obligation which Borrower and /or the
<br />City fails to perform, all as set forth in paragraph 4.5 above,
<br />the amount so paid or the cost of performing any such obligation,
<br />together with other sums paid or incurred by the Agency, including
<br />CHFA 52P(RIDGE VIEW /SECOND) -4-
<br />12/19/89
<br />Q02253
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