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(i) utility easements, rights of way or reservations granted or to be granted to <br />service providers in connection with the development of the Mortgaged Property, which <br />such utility easements, rights of way or reservations do not in the aggregate detract from <br />or impair the value of or use of the Mortgaged Property. <br />Section 3.2 Power to Create Lien and Security. Grantor has full power and lawful authority to <br />grant, bargain, sell, assign, transfer, mortgage and convey a lien and security interest in the Mortgaged <br />Property in the manner and form herein provided without obtaining the authorization, approval, consent <br />or waiver of any governmental authority or other person that has not been obtained. <br />Grantor covenants with Beneficiary as follows: <br />ARTICLE 4 <br />COVENANTS <br />2 016053 . 55 <br />Section 4.1 Lien Status. Grantor shall preserve and protect the lien and security interest status of <br />this Deed of Trust against all liens or encumbrances other than Permitted Encumbrances. <br />Section 4.2 Replacement of Fixtures. Grantor shall not, without the prior written consent of <br />Beneficiary, permit any of the Fixtures owned or leased by Grantor to be removed at any time from the <br />Land or Improvements, unless the removed item is removed temporarily for maintenance, repair or <br />replacement. <br />Section 4.3 Insurance. Grantor shall provide, maintain and keep at all times in force the following <br />policies of insurance: <br />(a) Insurance upon all Improvements and Fixtures against loss or damage by fire, lightning <br />and other risks customarily covered by standard "all risk" and extended covered endorsements, together <br />with theft, vandalism, malicious mischief, collapse, replacement cost, agreed amount and restoration in <br />conformance with applicable laws and ordinances, all in such amounts as may be from time to time <br />required by Beneficiary, but in no event less than the full replacement cost of the Improvements now <br />existing or hereafter erected or placed upon the Property, including the cost of debris removal, and of all <br />Personal Property, and in any event in an amount not less than the full unpaid balance secured by this <br />Deed of Trust, which policies shall name Beneficiary as sole loss payee; and <br />(b) Commercial general liability insurance (including coverage for elevators and escalators, <br />if any, on the Mortgaged Property) on an "occurrence basis" against claims for "personal injury," <br />including, without limitation, bodily injury, death or property damage occurring on, in or about the <br />Mortgaged Property with no less than $1,000,000 per occurrence, which policy shall name Beneficiary as <br />additional insured; <br />All policies of insurance required by the terms of this Deed of Trust shall contain an endorsement <br />or agreement by the insurer that any loss shall be payable in accordance with the terms of such policy, <br />notwithstanding any act or negligence of Grantor which might otherwise result in forfeiture of said <br />insurance, and the further agreement of the insurer waiving all rights of setoff, counterclaim or deductions <br />against Grantor. All policies of insurance shall name Beneficiary as an additional insured and shall have <br />attached thereto a lender's loss payable endorsement for the benefit of Beneficiary, which endorsement <br />indicates that all insurance proceeds are payable directly to Beneficiary and shall be otherwise in form <br />4815- 3141- 9697.4 <br />6 <br />