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200003557 be destroyed by any casualty, or become damaged, worn or dilapidated, or which may be affected by any eminent domain proceeding, and shall complete and pay for any structure at any time in the process of construction or repair on the Land. Borrower shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use or Improvement to be discontinued or abandoned without the express written consent of Lender. Section 3.11 Waste. Borrower shall not commit or suffer any waste of the Property or make any change in the use of the Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of the Property, or take any action that might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that may in any way impair the value of the Property or the security of this Security Instrument. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of the Land, regardless of the depth thereof or the method of mining or extraction thereof. Section 3.12 Compliance with Laws. (a) Borrower shall promptly and fully comply with all existing and future federal, state and local laws, orders, ordinances, governmental rules and regulations or court orders affecting the Property or the use or zoning thereof (collectively, "Applicable Laws "), including, but not limited to, the Americans with Disabilities Act ( "ADA ") and all applicable Environmental Laws as defined in the Environmental Indemnity Agreement. Borrower shall give prompt notice to Lender of the receipt by Borrower of any notice related to a violation of any Applicable Laws and of the commencement of any proceedings or investigations which relate to compliance with Applicable Laws. Upon Lender's request from time to time, Borrower will provide Lender with evidence reasonably satisfactory to Lender that the Property complies with all Applicable Laws or is exempt from compliance with Applicable Laws. (b) Notwithstanding any provisions set forth herein or in any document regarding Lender's approval of alterations or repairs to the Property, Borrower shall not alter the Property in any manner which would materially increase Borrower's responsibilities for compliance with Applicable Laws without the prior written approval of Lender. The foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect, engineer, or other person acceptable to Lender. (c) After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the Applicable Laws affecting the Property, provided that (i) no Event of Default has occurred and is then continuing; (ii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder; (iii) neither the Property nor any part thereof or interest therein nor any of the tenants or occupants thereof shall be affected in any material adverse way as a result of such proceeding; and (iv) Borrower shall have furnished to Lender all other items reasonably requested by Lender. Section 3.13 Books and Records. (a) Borrower shall keep adequate books and records of account with respect to the operation of the Property, in accordance with methods acceptable to Lender in its sole discretion, consistently applied, and if required by Lender shall furnish the following to Lender: ATLANTA4181845.4 GMACCM (SLIP) — DOT (8/98) 14 Grand Isle, Nebraska