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201300074 any lien attaching to the Mortgaged Property or any part thereof or interest therein, except as permitted by the Credit Agreement. In the event of any Transfer or the creation, suffering, permitting to be created of any lien attaching to the Mortgaged Property or any part thereof,that is not expressly permitted hereunder or under the terms of the Credit Agreement and is without the prior written consent of Beneficiary.Beneficiary shall have the absolute right at its option, without prior demand or notice,to declare all of the Obligations immediately due and payable and pursue its rights and remedies under Article V. Consent to one such Transfer or lien shall not be deemed to be a waiver of the right to require the consent to future or successive Transfers or liens. Beneficiary shall have the right to grant or deny such consent in its absolute discretion. If consent should be given to a Transfer and if this Deed of Trust is not released to the extent of the Mortgaged Property transferred or subjected to a lien by a writing signed by Beneficiary and recorded in the proper city. town, county or parish records, then any such Transfer or lien shall be subject to this Deed of Trust and any such transferee shall assume all obligations hereunder and agree to be bound by all of the provisions contained hereunder. (b) The Loan may not be assumed by a new borrower without the express written consent of Beneficiary. which consent may be withheld in Beneficiary's sole discretion. SECTION 2.08. Status and Care of the Premises. (a) Trustor represents and warrants that(i) the Premises is served by all necessary water, sanitary and storm sewer, electric, gas, telephone and other utility facilities which facilities have capacities which are sufficient to serve the current and anticipated future use and occupancy of the Premises as presently constructed; (ii) the Premises has legal access to public streets or roads sufficient to serve the current and anticipated future use and operation of the Premises as presently constructed; (iii)to the extent that the Premises is located in an area identified by the Secretary of Housing and Urban Development or a successor thereto as an area having special flood hazards or as an area designated as"flood prone"or a"flood risk area"pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, and any amendments or supplements thereto or substitutions therefor, Trustor has purchased flood insurance to the extent available; and (iv) all activities and conditions on the Premises are currently in compliance with all Legal Requirements. (b) Trustor(i) shall use and operate the Premises, or cause the same to be used and operated as a restaurant; (ii) agrees that all activities on the Premises shall at all times comply with all Legal Requirements; (iii) shall operate and maintain the Premises, or cause the same to be operated and maintained,in good order,repair and condition except(subject to the provisions of this Section) for reasonable wear and tear; (iv) subject to the provisions of Section 3.02. shall make, or cause to be made, all repairs, replacements, alterations, additions and improvements of and to the Premises necessary or appropriate to keep the Premises in good order,repair and condition; (v) shall not initiate or affirmatively support any change in the applicable zoning adversely affecting the Premises, seek any variance (or any change in any variance), under the zoning adversely affecting the Premises;and(vi) shall,promptly after receiving notice or obtaining knowledge of any proposed or threatened change in the zoning affecting the Premises which would result in the current use of the Premises being a non-conforming use,notify Beneficiary thereof and diligently contest the same -10-