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200.107256 <br />trademarks, service marks, trade names, copyrights, franchises, authorizations and <br />other rights that are necessary in any material respect for its operations on the Real <br />Property, without conflict with the rights of any other person with respect thereto. <br />0) Neither the execution and delivery of this Deed of Trust by Grantor nor <br />the performance by Grantor of its obligations hereunder requires the filing of this Deed <br />of Trust or any other document or instrument with, the giving of any notice to, or the <br />receipt of any approval or consent from any governmental authority or any other <br />person. <br />3. Maintenance, Repairs and Alterations. Grantor agrees (a) not to <br />abandon the Project; (b) to keep the Real Property in good, safe and insurable condition and <br />repair and not to commit or suffer waste; (c) to make when necessary and appropriate any and <br />all repairs to the Project, whether structural or nonstructural, exterior or interior, foreseen or <br />unforeseen, ordinary or extraordinary, and to cause all such repairs to be of first -class quality; <br />(d) to refrain from taking any action that would impair or diminish the value of this Deed of <br />Trust, including any action that would increase the risk of fire or any other hazard for the <br />Project; and (e) neither to make nor to permit structural or other substantial alterations in the <br />buildings or any substantial construction on the Premises without the written consent of <br />Beneficiary (it being understood and agreed that Mortgagor may remodel or otherwise alter the <br />Premises if such remodeling or other alterations are necessary or desirable to maintain the <br />Premises as a first -class Applebee's Neighborhood Grill and Bar Restaurant). Grantor may <br />remove any Personal Property or Fixture used in connection with the Project which is worn <br />out or obsolete, provided that, either prior to or simultaneously with such removal, Grantor <br />shall replace such property with other property with the same or greater utility and value as the <br />replaced property had when first acquired, and such replacement property shall be free and <br />clear of any liens or security interests other than those of Beneficiary but shall be subject to the <br />lien and security interest created by this Deed of Trust. <br />4. Taxes and Assessments. Grantor agrees to pay, not later than the due <br />date and before any penalty or interest attaches, all general taxes and all special taxes, special <br />assessments, water, drainage and sewer charges and all other charges, of any kind whatsoever, <br />ordinary or extraordinary, which may be levied, assessed or imposed on or against the <br />Mortgaged Property and, at the request of Beneficiary, to exhibit to Beneficiary, official <br />receipts evidencing such payments; provided, however, that in the case of any special <br />assessment (or other imposition in the nature of a special assessment) payable in installments, <br />each installment thereof shall be paid prior to the date on which each such installment becomes <br />due and payable. Grantor agrees to exhibit to Beneficiary at any time upon request, official <br />receipts showing payment of all taxes, assessments and charges which Grantor is required or <br />elects to pay hereunder. Notwithstanding the foregoing, Grantor shall have the right to contest <br />such taxes, assessments and impositions, but only if (a) Grantor has notified Beneficiary of its <br />intent to contest such taxes, impositions and assessments prior to such contest and (b) such <br />taxes are being contested in good faith by appropriate proceedings and adequate reserves or <br />other appropriate provisions for the payment thereof are being maintained in accordance with <br />generally accepted accounting principles. <br />In <br />003.302830.1 <br />