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201504441
<br /> contained in the Lease,whether or not such covenants run with the land,but Lender shall have no liability with
<br /> respect to such covenants or any other covenants contained in the Lease.
<br /> Borrower shall not surrender the leasehold estate and interest herein conveyed nor teriuinate or cancel
<br /> the Lease creating said estate and interest, and Borrower shall not, without the express written consent of
<br /> Lender, alter or amend said Lease. Borrower covenants and agrees that there shall not be a merger of the
<br /> Lease, ar of the leasehold estate created thereby, with the fee estate covered by the Lease by reason of said
<br /> leasehold estate or said fee estate, or any part of either, com�ng into common ownership, unless Lender shall
<br /> consent in writing to such merger; if Borrower shall acquire such fee estate, then this Instrument shall
<br /> simultaneously and without further action be spread so as to become a lien on such fee estate.
<br /> 7. USE OF PROPERTY. Unless required by applicable law or unless Lender has otherwise
<br /> agreed in writing, Borrower shall not allow changes in the use for which all or any part of the Rea1 Property
<br /> was intended at the time this Instruinent was executed. Borrower sha11 not initiate or acquicscc in a change in
<br /> the zoning classification of the Real Properly without Lender's prior written consent. Borrower shall not
<br /> violate nor shall Borrower permit or authorize the breach or violation of the terms of any easements, covenants
<br /> or restrictions of record upon or affecting the Real Property. Borrower will not conduct, permit or authorize
<br /> the generation, storage,treatment or disposal of any friable asbestos,hazardous waste or to�c substance on or
<br /> in a location that will adversely affect the Rea1 Pro�perty and sha11 promptly provide Lender written notice of
<br /> (a) its obtaining knowledge of any release of an}� hazardous or toxic material or oil at ar from the Real
<br /> Property or any other site owned, occupied ar op�erated by Borrower or by any person for whose conduct
<br /> Borrower is responsible or whose liability may result in a lien on the Real Property, (b) Sorrower's receipt of
<br /> any notice to such effect from any federal, state or other governmental authority and (c) loss by such
<br /> governmental authority in connection with the assessment, containment or removal of any hazardous or toxic
<br /> material or oil for which expense or loss Borrower gnay be liable or for which expense a lien may be imposed
<br /> on the Rea1 Property. "Borrower,"as that term is used herein,includes Borrower's successors, assigns,agents,
<br /> servants, employees and owners.
<br /> 8. PROTECTION OF LENDER'S �ECURI'�'Y. Il Borrower fails to perform the covenants
<br /> and agreements contained in this Instrument, the Loan Agreement or any of the other Loan Documents or if
<br /> any action or proceeding is commenced wluch affects the Real Property or title thereto or the interest of
<br /> Lender therein, including, but not limited to, emIlnent doma.in, insolvency, building code enforcement or
<br /> arrangements or proceedings involving a ba.nkruptcy or decedent, then Lender, at Lender's option, may make
<br /> such appearances,disburse such sums and take such action as Lender deems necessary,in its sole discretion,to
<br /> protect Lender's interest, including, but not limited to, (a) disbursement of attorneys' fees, (b) entry upon the
<br /> Real Property to make repairs or otherwise to protect the same as security for the indebtedness secured by this
<br /> Instnunent, (c) procurement of satisfactory insurance as provided in this Instrument and (d) exercise of any
<br /> option to renew or extend the Lease on behalf of�orrower and thc curing of any default of Borrower in the
<br /> terms and conditions of the Lease.
<br /> Any amounts disbursed by Lender pursuant to this paragraph shall become additional indebtedness of
<br /> Borrower secured by this Instrument. Unless Bonower and Lender agree to other terms of payment, such
<br /> amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the
<br /> default rate as provided in the Loan Agreement,unless collection from Borrower of interest at such rate would
<br /> be contrary to applicable law,in which event such aYnounts shall bear interest at the highest rate which inay be
<br /> collected from Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be
<br /> subrogated to the lien of any mortgage or other lien discharged, in whole or in part,by any advances made by
<br /> Lender hereunder. Nothing contained in this paragraph shall require Lender to incur any expense or take any
<br /> action hereunder.
<br /> 9. INSPECTION. Lender may make or ca�se to be made reasonable entries upon and
<br /> inspections of the Real Property at any time at Lender's option. Lender may at its option at any time, require
<br /> Borrower, or Lender may arrange, all at the sole cost and expense of Borrower, to employ or for the
<br /> employxnent of an indcpcndent and qualified environxnental engineer and inspector, acceptable to Lender, to
<br /> determine if there is any asbestos,petroleum,radon or hazardous material or substance above, in, on,under or
<br /> from the Real Property. Such cost and expense shalll,if not paid by Borrower,become additional indebtedness
<br /> secured by this Instrument. The failure of Borrower to promptly pay the cost and expense of the same or to
<br /> cooperate with and permit such inspection shall constihzte a default under this Instrument.
<br /> 10. BOOKS AND RECORDS. Borrower shalll keep and maintain at all times at Borrower's
<br /> adciress stated herein, or such other place as Lender may approve in writing, complete and accurate books of
<br /> account and records, in accordance with generally accepted accounting principles, consistenfly applied,
<br /> adequate to reflect correctly the results of the op�eration of the Real Property, and copies of all written
<br /> contracts,budgets, change orders, leases and other insmxments shall be subject to examination and inspection
<br /> at any reasonable time by Lender. Within fifteen(15) days after Lender's request, Borrower shall furnish to
<br /> Lender a balance sheet, a statement of income and e��penses of the Real Property and a statement of changes in
<br /> fmancial position, each in reasonable detail and certified by Borrower and, if Lender shall require (but not
<br /> more than once each calendar year), by an independent certi�ied public accountant. Borrower shall furnish,
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