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200013148
<br />5. Maintenance, Repairs and Compliance with Laws. Borrower
<br />shall keep the Property in good condition and repair; shall
<br />promptly repair or replace any improvement which may be damaged
<br />or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or
<br />substantially alter any of the improvements on the Property;
<br />shall not commit, suffer or permit any act to be done in or upon
<br />the Property in violation of any law, ordinance, or regulation;
<br />and shall pay and promptly discharge at Borrower's cost and
<br />expense all liens, encumbrances and charges levied, imposed or
<br />assessed against the Property or any part thereof.
<br />6. Eminent Domain. Lender is hereby assigned all
<br />compensation, awards, damages and other payments or relief
<br />(hereinafter "Proceeds ") in connection with condemnation or other
<br />taking of the Property of part thereof, or for conveyance in lieu
<br />of condemnation. Lender shall be entitled, at its option, to
<br />commence, appear in and prosecute in its own name any action or
<br />proceedings, and shall also be entitled to/make any compromise or
<br />settlement in connection with such taking o,� damage. In the
<br />event any portion of the Property is so taken or damaged, Lender
<br />shall have the option, it its sole and absolute discretion, to
<br />apply all such Proceeds, after deducting therefrom all costs and
<br />expenses incurred by it in connection with such Proceeds, upon
<br />any indebtedness secured hereby and in such order as Lender may
<br />determine, or to apply all such Proceeds, after such deductions,
<br />to the restoration of the Property upon such conditions as Lender
<br />may determine. Any application of Proceeds toidebtedness shall
<br />not extend or postpone the due date of an payments
<br />Note, or cure any default thereunder or hereunder.
<br />7. Performance by Lender. In the event of Borrower's
<br />failure to perform any of the covenants herein or make any
<br />payments required hereby, or if any act is taken or legal
<br />proceeding commenced which materially affects Lender's interest
<br />in the Property, Lender may in its own discretion, but without
<br />obligation to do so, and without notice to or demand upon
<br />Borrower, and without releasing Borrower from any obligation, do
<br />any act which the Borrower has agreed but fails to do and also
<br />do any other act it deems necessary to protect the security
<br />hereof. Borrower shall, immediately upon demand therefore by
<br />Lender, pay to Lender all costs and expenses incurred and sums
<br />expended by Lender in connection with the exercise by Lender of
<br />the foregoing rights, together with interest thereon at the
<br />default rate provided in the Note, which shall be added to the
<br />indebtedness secured hereby. Lender shall not incur any
<br />liability because of anything it may do or omit to do hereunder.
<br />8. Hazardous Material. Borrower shall keep the Property in
<br />compliance with any and all federal, state and local laws,
<br />ordinances and regulations relating to industrial hygiene or to
<br />environmental conditions on, under or about the Property,
<br />including, but not limited to, soil and groundwater conditions.
<br />Truster shall not use, generate, manufacture, store or dispose of
<br />on, under or about the Property or transport to or from the
<br />Property any flammable explosives, radioactive materials,
<br />hazardous wastes, toxic substances or related materials,
<br />including, without limitation, any substances defined as or
<br />included in the definition of "hazardous substances ", "hazardous
<br />wastes ", "hazardous materials" or "toxic substances" under any
<br />applicable laws, ordinances or regulations (collectively referred
<br />to hereinafter as "Hazardous Materials ").Borrower hereby warrants
<br />and represents to Lender that there are no Hazardous Materials on
<br />or under the Property. Borrower hereby agrees to indemnify and
<br />hold harmless Lender, its directors, officers, employees and
<br />agents, and any successors to Lender's interest, from and against
<br />any and all clams, damages and liabilities arising in connection
<br />with the presence, use, storage, disposal or transport of any
<br />Hazardous Materials on, under, from or about the Property,
<br />including, without limitation,
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