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200003557 Section 2.2 Other Obligations. This Security Instrument and the grants, assignments and transfers made in Article 1 are also given for the purpose of securing the performance of each obligation of Borrower and any Guarantor or Indemnitor contained in the Note, the Security Instrument and the Other Loan Documents (collectively, "Other Obligations "), including without limitation, the payment and performance of all of Borrower's obligations under the Environmental Indemnity Agreement of even date herewith ( "Environmental Indemnity Agreement ") between Borrower and Lender and certain other "Indemnitors" (as defined therein). Section 2.3 Debt and Other Obligations. Borrower's obligations for the payment of the Debt and the performance of the Other Obligations shall be referred to collectively herein as "Obligations." Section 2.4 Payments. Unless payments are made in the required amount in immediately available funds at the place where the Note is payable, remittances in payment of all or any part of the Debt shall not, regardless of any receipt or credit issued therefor, constitute payment until the required amount is actually received by Lender in funds immediately available at the place where the Note is payable (or any other place as Lender, in Lender's sole discretion, may have established by delivery of written notice thereof to Borrower) and shall be made and accepted subject to the condition that any check or draft may be handled for collection in accordance with the practice of the collecting bank or banks. Acceptance by Lender of any payment in an amount less than the amount then due shall be deemed an acceptance on account only, and the failure to pay the entire amount then due shall be and continue to be an Event of Default. Article 3 - BORROWER COVENANTS Borrower covenants and agrees with Trustee and Lender that: Section 3.1 Payment of Debt and Performance of Obligations. Borrower will pay the Debt at the time and in the manner provided in the Note and in this Security Instrument and fully and punctually perform the Other Obligations when and as required by the Note, this Security Instrument and the Other Loan Documents. Section 3.2 Incorporation by Reference. All covenants, conditions and agreements contained in (a) the Note and (b) all and any of the documents other than the Note or this Security Instrument now or hereafter executed by Borrower and /or others by or in favor of Lender, which wholly or partially secure or guaranty payment of the Note or otherwise relate, directly or indirectly, to the Debt ( "Other Loan Documents "), hereby are made a part of this Security Instrument to the same extent and with the same force as if fully set forth herein. Section 3.3 Property Use. The Property shall be used only for retail purposes and for no other use without Lender's prior written consent. Section 3.4 Payment of Taxes and Other Lienable Charges. (a) Borrower shall pay by their due date all real estate taxes, assessments, lienable water and sewer rents, governmental impositions, and other lienable charges, including without limitation vaultcharges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (collectively, "Taxes "), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (collectively, "Other Charges "), and all charges for utility services provided to the Property as same become due and payable. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid ATLANTA4181845.4 GMACCM (SLP) — DOT (8198) 5 Grand Isle, Nebraska