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1 <br />89-101934 <br />materially affect the payment or performance of any of the terms <br />and conditions of this Deed of Trust other than (i) this loan; <br />(ii) other debts owed to Beneficiary; and (iii) trade <br />indebtedness <br />incurred in and incidental to the day -to -day course of Truster's <br />business; or <br />(b) become liable as'a surety, guarantor, endorser, or <br />otherwise, for the payment of, or assume, any debt, obligation or <br />dividend of any individual or corporation; or <br />(c) create or permit to be created or to remain any <br />other mortgage, pledge, lien, lease, security interest, encumbrance <br />or charge on, or conditional sale or other title retention <br />agreement, whether prior or subordinate to the lien of• this Deed of <br />Trust, with respect to the Trust Property or any part thereof or <br />income therefrom, or with respect to any of Trustor's other <br />prcperty;cr• :.sets, whether now owned or hereafter acquired, except <br />(i) lieis: :k ;or.;af Trustor, (ii) lieat =' ©r taxes not delinquent <br />or be AM.. good faith and..by p)•opriate proceedings, <br />(iii) .1. 'i .aaa�,r ion with wotk4is cdmpensa¢�. on, unemployment <br />insurance 'v� :x .: er social ,s%' curity'•,-oblx4*-*ions, ( iv) deLwr its or <br />• • pledges *o ���red •bid t�3 <br />s, ers, contracts (other tham +ayasntrapts <br />for the paymeam.: -if money) ,'';bases,. statdtory obligatiorisy surety <br />and appeal bones. acrd other obligatlo'ns of like mature arising in <br />the ai nary... a's <br />d e of business, (v) mechanics�', :workers' , <br />matejr� men. * :landlords ° carriers', or see=r . like lie s arising <br />in tli2. rcia r course of .` rustor's business— respect to <br />obligations which are not due or which are bein4; contested in g <br />faith, and (vi) any mortgage, encumbrance or other lien.:upon,`or <br />security interest in, any property hereafter acquired by Trustor <br />created contemporaneously with such acquisition to secure or <br />provide for the payment of financing of any part of the purchase <br />price thereof, or the assumption of any mortgage, encumbrance or <br />lien upon, or security interest in, any such property shall <br />hereafter acquired existing at the time of such acquisition, or the <br />acquisition of any such property subject to any mortgage, <br />encumbrance, or other lien or security interest without the <br />assumption thereof; provided that the indebtedness secured by any <br />such mortgage, encumbrance, lien or security interest so created, <br />assumed or existing shall not exceed seventy-five percent (75 %) of <br />the cost of the property covered thereby, and each such mortgage, <br />encumbrance, lien or security interest shall attach only to the <br />property so acquired and fixed improvements thereon and shall not <br />attach to the Trust Property; or <br />(d) allow a security interest to attach to any goods <br />that may become fixtures upon the Land or Buildings; <br />(e) fail to pay all other debts as they become due, as <br />they mature, or within the time specified for payment, nor commit, <br />any other act which would under applicable provisions of any <br />bankruptcy laws or statutes permit the filing of a petition by or <br />against Trustor. <br />30. Changes in Use or Zoning. Unless required by law or <br />unless Beneficiary has given written consent, Trustor shall not <br />change the use or allow changes in the use for which all or any <br />part of the Land and Buildings was intended at the time this Deed <br />of Trust was made, nor shall Trustor initiate or consent to any <br />change:.in the zoning classification of the Land. <br />31. - Di:a'alassure of Leaaes. Trustor has made and shall make <br />full di:sclasaure" . Lo Beneficiary of all leases concerning all or any <br />part' *� :the Trust Property. Any Such lease shall be'i.n form and <br />substanco.�islib fact to approval of Beneficiary, and. shall <br />specifWA,11Y provide that such lease is subordinate to this Deed of <br />Trust. 'TrUstor shall not subordinate any lease to.any lien which <br />is subordinate to this Deed of Trust, or permit an assignment or <br />sublease of any lease without Beneficiary's written consent. <br />Trustor shall comply with all obligations as landlord under all <br />leases. If Trustor becomes aware that any lessee proposes to do, <br />or is doing, any act which may give rise to any right of set -off <br />D: \LOANDOC \HEhLTH.DOT <br />April 10, 1969 <br />17 <br />;•sr - <br />j <br />n <br />t <br />�. Q <br />