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<br />(b) At its sole option, Beneficiary may permit insurance or condemnation proceeds held by Beneficiary to
<br />be used for repair or restoration but may impose any conditions on such use as Beneficiary deems
<br />necessary.
<br />4.8 Maintenance and Preservation of Real Property. Subject to the provisions of any Secured
<br />Obligation, Trustor covenants:
<br />(a) to keep the Real Property in good condition and repair;
<br />(b) except with Beneficiary's prior written consent, not to remove or demolish the Real Property, nor
<br />alter, restore or add to the Real Property, nor initiate or acquiesce in any change in any zoning or other
<br />land classification which affects the Real Property;
<br />(c) to restore promptly and in good workmanlike manner any portion of the Real Property which may be
<br />damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be used to reduce
<br />the Secured Obligations as provided in the Section hereof entitled Damages: Insurance and
<br />Condemnation Proceeds;
<br />(d) to comply with and not to suffer violation of any or all of the following which govern acts or conditions
<br />on, or otherwise affect the Real Property: (i) laws, ordinances, regulations, standards and judicial and
<br />administrative rules and orders; (ii) covenants, conditions, restrictions and equitable servitudes, whether
<br />public or private; and (iii) requirements of insurance companies and any bureau or agency which
<br />establishes standards of insurability;
<br />(e) not to commit or permit waste of the Real Property; and
<br />(f) to do all other acts which from the character or use of the Real Property may be reasonably
<br />necessary to maintain and preserve its value.
<br />4.9 Hazardous Substances; Environmental Provisions. Trustor represents and warrants to Beneficiary
<br />as follows:
<br />(a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Real Property is not and has
<br />not been a site for the use, generation, manufacture, storage, treatment, disposal, release or threatened
<br />release, transportation or presence of any substances which are "hazardous substances," "hazardous
<br />wastes," "hazardous materials" or "toxic substances" under the Hazardous Materials Laws, as defined
<br />below, and /or other applicable environmental laws, ordinances and regulations (collectively, the
<br />"Hazardous Materials ").
<br />(b) The Real Property is in compliance with all laws, ordinances and regulations relating to Hazardous
<br />Materials (collectively, the "Hazardous Materials Laws "), including without limitation, the Clean Air Act,
<br />the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of 1976,
<br />the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund
<br />Amendments and Reauthorization Act of 1986, the Federal Toxic Substances Control Act and the,,,
<br />Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented
<br />from time to time, and any other applicable federal, state or local environmental laws, and any rules or
<br />regulations adopted pursuant to any of the foregoing.
<br />(c) There are no claims or actions pending or threatened against Trustor or the Real Property by any
<br />governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or
<br />DeedOfTrust -NE Job 2027330610- 1966041276 Term Loan Vers.1 05/15/2015 Page 7 of 20
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