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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 <br />