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,20,oI CIO 112
<br />Notwithstanding the limitations set forth in the preceding sentence, Trustor represents and warrants that as of the
<br />date hereof, the Property and the use thereof comply with all Environmental Laws and that Trustor has complied
<br />and shall comply with all Environmental Laws.
<br />(b) Subject to Section 2.6 and Section 2.9, Trustor shall promptly perform and observe, or
<br />cause to be performed and observed and cause the Property to comply with, if the failure to so perform and observe
<br />would have a Material Adverse Effect, (i) all laws, rules, regulations, judgments, orders, permits, licenses,
<br />authorizations and other requirements of and agreements with all governments, department agencies, courts and
<br />officials, which now or hereafter shall be applicable to the Subject Property or any part thereof or any use or
<br />condition thereof including, without limitation, all Environmental Laws (herein collectively called the "Legal
<br />Requirements "); (ii) all terms of any insurance policy covering or applicable to the Subject Propert)gor any part
<br />thereof as required by the Loan `Agreement, all requirements of the issuer of any such policy, and all orders, rules,
<br />regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar
<br />functions) applicable to the Subject Property or any part thereof or any use or condition thereof (herein collectively
<br />called the "Insurance Requirements "); and (iii) all Permits required for any construction, reconstruction, repair,
<br />alteration, addition, improvement, maintenance, use and operation of the Property.
<br />(c) Trustor shall promptly notify Beneficiary of the receipt by Trustor of any notice of
<br />default under any Legal Requirement, Insurance Requirement, Contractual Obligation or Permit or of the receipt by
<br />Trustor of any notice of any threatened or actual termination of any Permit or Insurance Policy, License Agreement
<br />or Site Lease and furnish to Beneficiary a copy of such notice of default or termination.
<br />SECTION 2.6. Impound and Security Account. At any time during which a Default has
<br />occurred and is continuing, at Beneficiary's option and upon its demand and except where and to the degree
<br />prohibited by law, Trustor shall, until all Obligations have been paid in full, pay to Beneficiary each month an
<br />amount estimated by Beneficiary to be equal to (i) the Impositions, (ii) all payments and premiums with respect to
<br />the Insurance Requirements, and (iii) all lease payments under the Site Lease next due. Estimated payments of
<br />Impositions, Insurance Requirements and Site Lease payments shall be calculated by dividing the amount next due
<br />by, in each instance, the number of months to lapse preceding the month in which the same, respectively, will
<br />become due. All sums so paid shall not bear interest, except to the extent and in the minimum amount required by
<br />law, and Beneficiary shall, unless Trustor is otherwise in default hereunder or under any obligation secured hereby,
<br />apply said funds to the payment of, or at the sole option of Beneficiary release said funds to Trustor for application
<br />to and payment of, such Impositions, Insurance Requirements and Site Lease payments. However, upon the
<br />occurrence of an Event of Default by Trustor hereunder or under any obligation secured hereby, Beneficiary may, at
<br />its sole option, apply all or any part of said sums to any Obligations or to advance sums to pay such Imposition,
<br />Insurance Requirement or Site Lease payment, which advance shall not cure Trustor's default hereunder. Upon the
<br />payment of the Obligations, all sums paid hereunder shall be released to Trustor.
<br />SECTION 2.7. Sale: Liens.
<br />(a) Except as otherwise provided in the Loan Agreement, Trustor shall not sell, assign,
<br />transfer, convey, lease or permit to be sold, assigned, transferred, conveyed, leased or otherwise disposed of, the
<br />Subject Property (other than in the normal course of business) or any part thereof or interest therein (for the
<br />purposes of this Section, a "Transfer "), and shall not create, suffer or permit to be created or exist any lien attaching
<br />to the Subject Property or any part thereof or interest therein, except as permitted by the Loan Agreement. In the
<br />event of any Transfer or the creation, suffering, permitting to be created of any lien attaching to the Subject Property
<br />or any part thereof, that is not expressly permitted hereunder or under the terms of the Loan Agreement and is
<br />without the prior written consent of Beneficiary, Beneficiary shall have the absolute right at its option, without prior
<br />demand or notice, to declare all of the Obligations immediately due and payable and pursue its rights and remedies
<br />under Article V. Consent to one such Transfer or lien shall not be deemed to be a waiver of the right to require the
<br />consent to future or successive Transfers or liens. Beneficiary shall have the right to grant or deny such consent in
<br />its absolute discretion. If consent should be given to a Transfer and if this Deed of Trust is not released to the extent
<br />of the Subject Property transferred or subjected to a lien by a writing signed by Beneficiary and recorded in the
<br />proper city, town, county or parish records, then any such Transfer or lien shall be subject to this Deed of Trust and
<br />111/150348.02.00 %
<br />010499/1956/35239.00196
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