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201300074 <br /> at Trustor's expense by any action or proceeding deemed appropriate by Trustor or requested by <br /> Beneficiary. <br /> SECTION 2.09. Permitted Contests. After prior notice to Beneficiary, Trustor may <br /> contest at Trustor's expense,by appropriate legal or other proceedings conducted in good faith and <br /> with due diligence,the amount,validity or application,in whole or in part,of any Imposition or lien <br /> therefor. any Legal Requirement, or any lien of any laborer, mechanic, materialman. supplier or <br /> vendor, provided that (a) the Mortgaged Property, or any part thereof or estate or interest therein, <br /> shall not be in any danger of being sold, forfeited or lost by reason of such proceedings; (b) in the <br /> case of(i)liens of laborers,mechanics,materialmen,suppliers or vendors or(ii) the Impositions,or <br /> liens therefor, such proceedings shall suspend the foreclosure of any such lien or any other collection <br /> thereof from the Mortgaged Property; (c)in the case of a Legal Requirement, Beneficiary shall not <br /> be in any danger of any criminal liability or, unless Trustor shall have furnished a bond or other <br /> security therefor reasonably satisfactory to Beneficiary, any additional civil liability for failure to <br /> comply therewith,and the Mortgaged Property,or any part thereof or estate or interest therein,shall <br /> not be subject to the imposition of any lien as a result of such failure which is not properly contested <br /> pursuant to this Section 2.09; and (d) if reasonably required by Beneficiary, Trustor shall have <br /> furnished to Beneficiary a bond or other security reasonably satisfactory to Beneficiary. <br /> SECTION 2.10. Inspection. Beneficiary and its authorized agents and employees <br /> and any person designated by Beneficiary shall have the right to enter on and into the Premises at all <br /> reasonable times and,except in the event of an emergency,after reasonable notice for the purpose of <br /> inspecting the same, provided such inspection shall not unreasonably disturb business activities at <br /> the Premises. <br /> SECTION 2.11. Compliance with Instruments. Trustor shall promptly perform and <br /> observe, or cause to be performed and observed, all of the terms, covenants and conditions of all <br /> other instruments affecting the Premises if the failure to so perform or observe would have a <br /> Material Adverse Effect and shall do or cause to be done all things necessary to preserve intact and <br /> unimpaired any and all easements, appurtenances and other interests and rights in favor of or <br /> constituting any portion of the Mortgaged Property if the failure so to do would have a Material <br /> Adverse Effect. <br /> SECTION 2.12. Improvements. To the best of Trustor's knowledge, as of the date <br /> hereof all Improvements on the Land lie wholly within the boundary and building restriction lines of <br /> the Land and no improvements on adjoining properties encroach upon the Land in any respect so as <br /> to have a Material Adverse Effect on the use, operation or value of the Premises. <br /> SECTION 2.13. Casualty; Condemnation. As of the date hereof the Mortgaged <br /> Property is free of material damage and waste and, to Trustor's knowledge, there is no proceeding <br /> pending or threatened for the total or partial condemnation thereof. <br /> SECTION 2.14. Zoning and Other Laws. The Premises and the use thereof, separate <br /> and apart from any other properties, constitute a legal and conforming use in compliance with the <br /> zoning regulations for which the Premises is located except as otherwise disclosed to Beneficiary or <br /> as would not have a Material Adverse Effect. The Premises complies with all applicable subdivision <br /> -11- <br />