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2� 1 ��835 for or e�tra�tion� removal, or produ�tion af any m�nerals� from the surfa�e �r the subsurface of the Land, regard�ess �f the depth th�reof or the method of m�n�ng or extraction ther�of. Secti�n 3.5 Pa ment for Labor and Mat�rials. Except as othervvise pe�nxtted pursuant t� Se�tion 5.1.� or Section S.l.Z7 of the Loan Agreement, Ind�vidua� Barrower sha�l, or sha�� cause Mast�r 7'enant t� pr�mptly pay a�l bi��s and costs far labor and materials incurred �n c�nnecti�n with the Property before the same shall become de�inquent or otherw�se be in default. Sect��n 3.7 Performance of �ther A�re�m�nts. Individual Barr�vver sha�l observe and perf�rm, or cause to be obser�ed a.nd performed, eaCh and every term, covenant and prov�sxon to he obser�ed or performed by Ind�vidual Borrower pursuant to the L�an Agreement, any other L�ar� D�cument to wh�ch Borrower �s a party and, except as could not reasonab�y he expected to �iave a Materia� Adverse Effect, any �ther agreement or recorded instrument affecting or pertaining to the Property. Secti�n 3,8 Chan�� of Name, Ident�t_y_ or Structure. Individual BorroWer w�rr..r�.�w�r�i - -i�.i.�r�n.��niiur rir- sha�l nat dir�ct or permit an� change to be made in its name, identity (including its trade name or names�, p�ace of organzzation or formatian or Ind��dua� Borrower's corporate or par�nership or other stru�ture unless Indi�idual Borrower shall have first notxfied Ler�der in writing �f such chan.ge at l�ast ten �1�} Busin�ss Da�s prior t� the effecti�e date of such change and, in the case af a change �n Individual BorroWer's structure w�thnut first obta�ning the pr�or vv�r�tten c�nsent of Lend�r, vvhich consent may be given �r den�ed in Lender's reas�nable discretion, except as otherwise permitted pursuant ta Section 5.Z.1� �f the Loan Agreement. IndividuaZ B�rrower sha�� e�ecute and deliver t� Lender, pr�or to or cont�mpora�eous�y with the effe�tive date of any su�h �hange, any f nanc�ng statement or financing statement change r�asoriably required by Lender t� estab�ish or mainta�n the va�idity, perfection and pr�ority of the secur�ty interest granted herein. Section 3.9 T�. Indi��dual B�rrawer has goad, marketable and insurable fee s�mple t�t�e to the real prope�-ty comprising part of the Property and good title t� the ha�ance of such Pr�perty, free and c�ear of aII Liens Whatsoever except the Permitted Encumbrances, such oth�r Liens as are permitted pursuant to the Loan Y]�cuments and the Liens created by the L�an Do�uments. The Permitted Encumbrances in the aggregate do n�t materia�iy and adversely affect the value, operatian �r use of the Property �as currently used} ar B�rrovver's ab��ity to repay the Loan. This Securit� Instrument3 vvhen prop�rly rec�rded in the appropriate records, together vvith any Uniform Commercia� Code f nancing statem�nts required ta be filed �n conne�tion h�rewith, W1I1 create (i� a �a��d, perfected �rst prior�ty L�en on th� Land ax�d Improvements, subj ect only to Permitted Encumbrances and the Liens created by the Laan I�ocum�nts and ��}perfected secur�ty inter�sts in and to, and perfected collateral ass�gnments of, all personalty ��nc�uding the Leases� of Individuai Borrower, a11 in accordan�e With the terms hereaf, in each case subj ect only to any appl�cable i'ermitted Encumbrances, such other Liens as ar� permitted pursuant to the Loan Dacuments and the Liens created by the Loan Documer�ts. Ther� are no claims for payment for w�rk, labor or materxa�s affecting the Pr�perty which are past due and are or may be�ome a Lien prior to, vr of equal priority w�th, the L�ens created �y � the L�an Documents ur��ess such claims for payments are bexng c�ntesteci in accordance with the terrns and conditi�ns�f this Security Instrument. l� �wYo�3�69s��_4�