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<br />(d) Borrower, at its own expense, may contest by appropriate legal proceedings, conducted
<br />diligently and in good faith, the amount or validity of any Imposition other than insurance premiums, if (1)
<br />Borrower notifies Lender of the commencement or expected commencement of such proceedings, (2) the
<br />Mortgaged Property is not in danger of being sold or forfeited, (3) Borrower deposits with Lender reserves
<br />sufficient to pay the contested Imposition, if requested by Lender, and (4) Borrower furnishes whatever
<br />additional security is required in the proceedings or is reasonably requested by Lender, which may
<br />include the delivery to Lender of the reserves established by Borrower to pay the contested Imposition.
<br />(e) Borrower shall promptly deliver to Lender a copy of all notices of, and invoices for,
<br />Impositions, and if Borrower pays any Imposition directly, Borrower shall promptly furnish to Lender
<br />receipts evidencing such payments.
<br />16. LIENS; ENCUMBRANCES. Borrower acknowledges that, to the extent provided in
<br />Section 21, the grant, creation or existence of any mortgage, deed of trust, deed to secure debt, security
<br />interest or other lien or encumbrance (a "Lien ") on the Mortgaged Property (other than the lien of this
<br />Instrument) or on certain ownership interests in Borrower, whether voluntary, involuntary or by operation
<br />of law, and whether or not such Lien has priority over the lien of this Instrument, is a "Transfer" which
<br />constitutes an Event of Default.
<br />17. PRESERVATION, MANAGEMENT AND MAINTENANCE OF MORTGAGED
<br />PROPERTY. Borrower (a) shall not commit waste or permit impairment or deterioration of the Mortgaged
<br />Property, (b) shall not abandon the Mortgaged Property, (c) shall restore or repair promptly, in a good and
<br />workmanlike manner, any damaged part of the Mortgaged Property to the equivalent of its original
<br />condition, or such other condition as Lender may approve in writing, whether or not insurance proceeds
<br />or condemnation awards are available to cover any costs of such restoration or repair, (d) shall keep the
<br />Mortgaged Property in good repair, including the replacement of Personalty and Fixtures with items of
<br />equal or better function and quality, (e) shall provide for professional management of the Mortgaged
<br />Property by a property manager satisfactory to Lender under a contract approved by Lender in writing,
<br />and (f) shall give notice to Lender of and, unless otherwise directed in writing by Lender, shall appear in
<br />and defend any action or proceeding purporting to affect the Mortgaged Property, Lender's security or
<br />Lender's rights under this Instrument. Borrower shall not (and shall not permit any tenant or other person
<br />to) remove, demolish or alter the Mortgaged Property or any part of the Mortgaged Property except in
<br />connection with the replacement of tangible Personalty.
<br />18. ENVIRONMENTAL HAZARDS. Borrower shall comply with all covenants, conditions,
<br />provisions and obligations of Borrower (as Indemnitor) under the Environmental Indemnity Agreement.
<br />19. PROPERTY AND LIABILITY INSURANCE.
<br />(a) Borrower shall keep the Improvements insured at all times against such hazards as
<br />Lender may from time to time require, which insurance shall include but not be limited to coverage
<br />against loss by fire and allied perils, general boiler and machinery coverage, and business income
<br />coverage. Lender's insurance requirements may change from time to time throughout the term of the
<br />Indebtedness. If Lender so requires, such insurance shall also include sinkhole insurance, mine
<br />subsidence insurance, earthquake insurance, and, if the Mortgaged Property does not conform to
<br />applicable zoning or land use laws, building ordinance or law coverage. If any of the Improvements is
<br />located in an area identified by the Federal Emergency Management Agency (or any successor to that
<br />agency) as an area having special flood hazards, and if flood insurance is available in that area, Borrower
<br />shall insure such Improvements against loss by flood.
<br />(b) All premiums on insurance policies required under Section 19(a) shall be paid in the
<br />manner provided in Section 7, unless Lender has designated in writing another method of payment. All
<br />such policies shall also be in a form approved by Lender. All policies of property damage insurance shall
<br />include a non - contributing, non - reporting mortgage clause in favor of, and in a form approved by, Lender.
<br />Lender shall have the right to hold the original policies or duplicate original policies of all insurance
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