|
` 2� 17�2� 15
<br /> �b} Notwithstanding the foreg�ing, Ben�fi�iary shall make any insurance a.ndlar condemnation
<br /> proceeds available to the extent reasonably requ�red for repair ar restaration of�he Trust Property caused
<br /> by or resul�ing from any casualty or condemna�ion so Iang as �i� na Event of Defau�t �h�r� ex�sts, �ii�
<br /> Trustor demanstrates to Beneficiary that Trustor has suffic�ent funds to complete any r�pair or restaration
<br /> not covered hy the insurance or condemnation proceeds and to make all payments due �o Ben�ficiary,
<br /> �ncluding but not limi�ed to payments under the Notes, during the peri�d of repair or restorati�n, and(ii�}
<br /> any repa�r or restaratian can be comple�ed at least six�6}months prior to�he matur�ty�ate�f the Nates.
<br /> 3.8 Maint�nance and Preservatian of Trust Pra ert . Subj�c� to the pro�x s�ons of any S�cured
<br /> �bligatian,Trustar co�enants:
<br /> �a� to keep the Trust Pr�perty in good candition and repair;
<br /> (b� except with Beneficiary's priar wri�ten consen� �not �� be unreasonably withheld,
<br /> cnndition�d, or delayed},no�ta remove or demalish the Trust Property,n�r materially alter,restore or add
<br /> �� the Trust Property, nor initia�e or acquiesc� �n any change in any zorung or other land classificati�n
<br /> which affects the Trust Prop erty;
<br /> (c� ta restore promptly and in good vvorkmanlike manner any por�ion of the Trus� Property
<br /> which may be damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be
<br /> used to reduce the Secured�b�igatians as provided in the Section hereof entit�ed I3ama,�es; In�urance_and
<br /> �andemnation Proceeds;
<br /> (d) to comply wi�h and no�to suffer violation of any or all of the fo��awing which govern acts�r
<br /> condit�ons on, or otherwise affect �he Trus� Property: �i}laws, �rdinanc�s, regu�ati�ns, standards and
<br /> judiciai and admi.nistrative ruies and orders; �i��covenants, conditians, restrictions and equitabl�
<br /> ser-�ritudes, whether public or private; and �iii}requirements �f�nsurance companies and any bur�au or
<br /> agency which estahl�sh�s s�andards of insurability;
<br /> �e} not ta commit or perm�t waste of the Trust Property; and
<br /> �� �� do all other acts which fr�m the character or use of the Trust Pr�perty may be reasanably
<br /> necessary to maintain and preserve its value.
<br /> � 3.9 Ha2ardous Substances• Envir�nmenta� Provisions. Trus�or represents and warrants to
<br /> Beneficiary as fol�ows:
<br /> �a} Exc�pt as disclosed to Benef�ciary in writing prior�o tihe date hereaf, th� Trust Property is
<br /> no� and has not been a site far the use, generatinn, manufacture, starage, treatment, dispasal, release or
<br /> threa�ened release, transportation or presence of any substances which are "hazardous substances,"
<br /> "hazardous wastes," "'hazardaus materialst' or "taxic substances" under the Hazardaus Materia�s Laws, as
<br /> defined below, andlor other applicable en�ironmental laws, ordinan�es and regulatians (co�lective�y, the
<br /> "Hazardnus Materials"}.
<br /> �b} The Trust Property is in complian�e with al� laws, ordinances and regula�ions relating t�
<br /> Hazardous Materials (col�e�tively, �he "Hazardaus Ma�erials Laws"}, including without limitation, the
<br /> Clean Air Act,the Federal Water Pollution�ontrol Act,�he Federal Resource�onservatian and Rec�very
<br /> Act of 1976, the Comprehens�ve Environmen�al Response, �ompensation and Liability Act �f 198�, the
<br /> Superfund Arnendments and Reau�horization Act�f 1986, the Federal Tox�c Substances Control Act and
<br /> the �ccupa�ional Safety and Heal�h Act, as ar�y of the same may be amended, madif�ed or supplemented
<br /> fram time to t�me, and any o�her applicable federal, state or �oca� environmental �aws, and any rules ar
<br /> regu�ations adopted pursuant to any af the foreg�ing.
<br />�
<br /> -�-
<br />
|