Common use of Credit Agreement; Certain Amounts Clause in Contracts

Credit Agreement; Certain Amounts. (a) This Deed of Trust is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to the extent there is a specific conflict between the terms hereof and the terms of the Credit Agreement, the terms of the Credit Agreement shall control. (b) If any remedy or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of Trustee or Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary related to the exercise of any remedy or right of Trustee or Beneficiary pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due under this Deed of Trust not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or Beneficiary.

Credit Agreement; Certain Amounts. (a) This Deed of Trust is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to Trust. (b) To the extent there is a specific conflict between the terms hereof of this Deed of Trust and the terms of the Credit Agreement, (except with respect to Section 1.01 hereof), the terms of the Credit Agreement shall control. (bc) If any remedy or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of Trustee or Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary related to the exercise of any remedy or right of Trustee or Beneficiary pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due under this Deed of Trust not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or Beneficiary.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto thereto, shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to Mortgage. (b) To the extent there is a specific conflict between the terms hereof representations and the terms of covenants contained in this Mortgage are more stringent or expansive than comparable representations and covenants contained in the Credit Agreement, the terms of representations and covenants contained herein shall be construed to supplement the representations and covenants in the Credit Agreement without creating a conflict or inconsistency therewith, and Mortgagor shall controlbe bound to the more stringent or expansive representations and covenants hereunder, provided, however, that any item, claim, action, omission or other matter expressly permitted by the Credit Agreement with respect to the Mortgaged Property shall be permitted hereunder. (bc) If any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto is acted upon by Trustee or Beneficiary Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in Section 2.07 2.07(d) of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust Mortgage. Mortgagor expressly covenants and are incorporated herein by this reference agrees to pay when due, and to timely perform, and to cause the extent there is a specific conflict between other Loan Parties to pay when due, and to timely perform, the terms hereof and Obligations in accordance with the terms of the Loan Documents. (b) To the extent the representations and covenants contained in this Mortgage are more stringent or expansive than comparable representations and covenants contained in the Credit Agreement, the terms of representations and covenants contained herein shall be construed to supplement the representations and covenants in the Credit Agreement without creating a conflict or inconsistency therewith, and Mortgagor shall controlbe bound by the more stringent or expansive representations and covenants hereunder. (bc) If Mortgagee exercises any remedy of its rights or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary remedies under this Mortgage, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' ’ fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for and the reasonable expense expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in Section 2.07 lesser of (i) the Credit Agreement Prime Rate plus 2% and (ii) the Maximum Rate (the "“Default Interest Rate"”), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.

Credit Agreement; Certain Amounts. (a) This Deed of Trust is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to the extent there is a specific conflict between the terms hereof and the terms of the Credit Agreement, the terms of the Credit Agreement shall control.Credit (b) If any remedy or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of Trustee or Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary related to the exercise of any remedy or right of Trustee or Beneficiary pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due to Trustee or Beneficiary under this Deed of Trust not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or Beneficiary.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement Agreement, including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference Mortgage and to the extent there is a specific conflict between the terms hereof and the terms of the Credit AgreementAgreement (except with respect to Section 1.01 hereof), the terms of the Credit Agreement shall control. (b) If any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto is acted upon by Trustee or Beneficiary Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due to Mortgagee under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust Mortgage. (b) To the extent the representations and are incorporated herein by covenants contained in this reference and Mortgage with respect to the extent there is a specific conflict between the terms hereof Mortgaged Property are more stringent or expansive than comparable representations and the terms of covenants contained in the Credit Agreement, the terms of representations and covenants contained herein shall be construed to supplement the representations and covenants in the Credit Agreement without creating a conflict or inconsistency therewith, and Mortgagor shall controlbe bound to the more stringent or expansive representations and covenants hereunder. (bc) If any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto is acted upon by Trustee or Beneficiary Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (c) of Section 2.07 2.12(c) of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.

Credit Agreement; Certain Amounts. (a) This Deed of Trust is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to the extent there is a specific conflict between the terms hereof and the terms of the Credit Agreement, the terms of the Credit Agreement shall control. (b) If any remedy or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of Trustee or Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary related to the exercise of any remedy or right of Trustee or Beneficiary pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due under this Deed of Trust not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or Beneficiary.

Credit Agreement; Certain Amounts. (a) This Deed of Trust is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement Agreement, including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to the extent there is a specific conflict between the terms hereof and the terms of the Credit AgreementAgreement (except with respect to Section 1.01 hereof), the terms of the Credit Agreement shall control. (b) If any remedy or right of the Trustee or Beneficiary pursuant hereto is acted upon by the Trustee or Beneficiary or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Trustee or Beneficiary is made a party and is obliged to defend or uphold or enforce this Deed of Trust or the rights of Trustee or Beneficiary hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by the Trustee or Beneficiary related to the exercise of any remedy or right of the Trustee or Beneficiary pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 2.7 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Property prior to any right, title to, interest in or claim upon the Trust Property attaching or accruing subsequent to the recording of this Deed of Trust and shall be secured by this Deed of Trust to the extent permitted by law. Any payment of amounts due to Beneficiary under this Deed of Trust not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by the Trustee or Beneficiary.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust Mortgage. The Mortgagor expressly covenants and are incorporated herein by this reference agrees to pay when due, and to timely perform, and to cause the extent there is a specific conflict between other Loan Parties to pay when due, and to timely perform, the terms hereof and Secured Obligations in accordance with the terms of the Finance Documents. (b) To the extent the representations and covenants contained in this Mortgage are more stringent or expansive than comparable representations and covenants contained in the Credit Agreement, the terms of representations and covenants contained herein shall be construed to supplement the representations and covenants in the Credit Agreement without creating a conflict or inconsistency therewith, and the Mortgagor shall controlbe bound by the more stringent or expansive representations and covenants hereunder. (bc) If the Mortgagee exercises any remedy of its rights or right of Trustee or Beneficiary pursuant hereto is acted upon by Trustee or Beneficiary remedies under this Mortgage, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary the Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary the Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Property, Grantor the Mortgagor will pay all reasonable sums, including reasonable attorneys' ’ fees and disbursements, incurred by Trustee or Beneficiary the Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary the Mortgagee pursuant hereto or for and the reasonable expense expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. . (d) Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or Beneficiarythe Mortgagee. (e) The Mortgagor acknowledges and third parties are hereby put on notice that this Mortgage, unless terminated by a document placed of record, will continue on a refinancing of the indebtedness existing on the date hereof and that the Secured Obligations include all of the obligations of the Mortgagor under the documents executed and delivered upon such a refinancing.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to Mortgage. (b) To the extent there is a specific conflict between the terms hereof of this Mortgage and the terms of the Credit AgreementAgreement (except with respect to Section 1.01 hereof), the terms of the Credit Agreement shall control. (bc) If any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto is acted upon by Trustee or Beneficiary Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary Mortgagee hereunder or the terms of any Lease, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Xxxx xxxx not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.

Credit Agreement; Certain Amounts. (a) This Deed of Trust Mortgage is ---------------------------------- given pursuant to the Credit Agreement. , relevant portions of which are attached hereto as Appendix A. Each and every term and provision of the Credit Agreement (excluding the governing law provisions thereof), whether or not such provisions are attached hereto, and including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Deed of Trust and are incorporated herein by this reference and to Mortgage. (b) To the extent there is a specific conflict between the terms hereof representations and the terms of covenants contained in this Mortgage are more stringent or expansive than comparable representations and covenants contained in the Credit Agreement, the terms of representations and covenants contained herein shall be construed to supplement the representations and covenants in the Credit Agreement without creating a conflict or inconsistency therewith, and Mortgagor shall controlbe bound to the more stringent or expansive representations and covenants hereunder. (bc) If any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto is acted upon by Trustee or Beneficiary Mortgagee or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which Trustee or Beneficiary Mortgagee is made a party and is obliged to defend or uphold or enforce this Deed of Trust Mortgage or the rights of Trustee or Beneficiary hereunder or the terms of any LeaseMortgagee hereunder, or if a condemnation proceeding is instituted affecting the Trust Mortgaged Property, Grantor Mortgagor will pay all reasonable sums, including reasonable attorneys' fees and disbursements, incurred by Trustee or Beneficiary Mortgagee related to the exercise of any remedy or right of Trustee or Beneficiary Mortgagee pursuant hereto or for the reasonable expense of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the applicable rate specified in clause (b) of Section 2.07 of the Credit Agreement (the "Default Interest Rate"), and such sums and the interest thereon shall, to --------------------- the extent permissible by law, be a lien on the Trust Mortgaged Property prior to any right, title to, interest in or claim upon the Trust Mortgaged Property attaching or accruing subsequent to the recording of this Deed of Trust Mortgage and shall be secured by this Deed of Trust Mortgage to the extent permitted by law. Any payment of amounts due under this Deed of Trust Mortgage not made on or before the due date for such payments shall accrue interest daily without notice from the due date until paid at the Default Interest Rate, and such interest at the Default Interest Rate shall be immediately due upon demand by Trustee or BeneficiaryMortgagee.