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20150207 <br />Section 1.21. Restrictions Affecting Title. Trustor shall perform when due all Secured <br />Obligations required to be performed by Trustor by the provisions of any agreement affecting <br />title to the Mortgaged Property. <br />Section 1.22. Further Assurances. Trustor shall take all action and do all things which <br />it is authorized by law to take and do, and cooperate with Beneficiary as Beneficiary deems <br />necessary or desirable, to insure the release of all encumbrances against the Mortgaged Property, <br />except Permitted Encumbrances, existing prior to the date hereof. <br />So long as any Secured Obligation shall remain unpaid, Trustor shall execute, <br />acknowledge, where appropriate, and deliver from time to time promptly at the request of <br />Beneficiary all such instruments and documents as in the opinion of Beneficiary are necessary or <br />desirable to preserve the first priority lien created by this Deed of Trust. <br />Section 1.23. Performance of Covenants. Trustor shall faithfully perform at all times <br />any and all covenants, undertakings, stipulations and provisions contained in the Loan <br />Documents and in all of its proceedings pertaining to this Deed of Trust. <br />Section 1.24. No Event of Default Under Loan Documents. Trustor agrees to notify <br />Beneficiary immediately in writing of any default by Trustor in the performance or observance <br />of any covenant, agreement, representation, warranty or obligation of Trustor set forth in this <br />Deed of Trust. Trustor shall also notify Beneficiary in writing of any event or condition which <br />with the lapse of time or the giving of notice would constitute an Event of Default. <br />Section 1.25. Rules, Regulations, Environmental Laws. Trustor represents, warrants <br />and covenants: <br />(i) that the location, construction, occupancy, operation and use of the <br />Mortgaged Property for its intended commercial purposes does not violate any applicable <br />law, statute, ordinance, rule, regulation, order or determination of any governmental <br />authority or any board of fire underwriters (or other body exercising similar functions), <br />or any restrictive covenant or deed restriction (record or otherwise) affecting the <br />Mortgaged Property, including, without limitation, all applicable zoning ordinances and <br />building codes, flood disaster laws and health and environmental laws and regulations <br />(hereinafter sometimes collectively called Applicable Regulations "); <br />(ii) except as previously disclosed in the Environmental Study (as defined in <br />the Environmental Indemnity Agreement), that the Mortgaged Property and Trustor are <br />not in violation of or subject to any existing, pending or threatened investigation or <br />inquiry by any governmental authority or to any remedial obligations under any <br />Applicable Regulations pertaining to health or the environment (hereinafter sometimes <br />collectively called "Applicable Environmental Laws "), including, without limitation, the <br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as <br />amended ( "CERCLA "), and the Resource Conservation and Recovery Act of 1976 <br />( "RCRA "), and this representation and warranty would continue to be true and correct <br />following disclosure to the applicable governmental authorities of all relevant facts, <br />conditions and circumstances, if any, pertaining to the Mortgaged Property. If any such <br />14 <br />