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202300986
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Last modified
3/2/2023 4:24:04 PM
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3/2/2023 4:24:02 PM
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DEEDS
Inst Number
202300986
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202300986 <br />Section 5.2 Transfer of the Property. <br />Except for Permitted Transfers expressly permitted in this Deed of Trust or the Loan Agreement, <br />Grantor will not Transfer, or contract to Transfer, all or any part of the Property or any legal or beneficial <br />interest therein or in Grantor, any constituent owner or other holder of a direct or indirect equity interest in <br />Grantor, another Borrower or Guarantor, or any other indemnitor of the Loan, any constituent owner or <br />other holder of a direct or indirect equity interest in such indemnitor Borrower or Guarantor, any manager <br />or operating lessee of the Property that is affiliated with Grantor, a Borrower, or Guarantor or any <br />constituent owner or other holder of a direct or indirect equity interest in such manager or such operating <br />lessee. <br />Section 5.3 Removal, Demolition or Alteration of Accessories and Improvements. <br />Except to the extent permitted by the following sentence, no Improvements or Accessories shall be <br />removed, demolished, or materially altered without the prior written consent of Lender. Grantor may <br />remove and dispose of, free from the Lien of this Deed of Trust, such Accessories as from time to time <br />become worn out or obsolete, provided that, either (a) at the time of, or prior to, such removal, any such <br />Accessories are replaced with other Accessories which are free from Liens other than Permitted <br />Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal and <br />replacement Grantor shall be deemed to have subjected such Accessories to the Lien of this Deed of Trust), <br />or (b) such Accessories are sold at fair market value for cash and the net cash proceeds received from such <br />disposition are paid over promptly to Lender to be applied to the prepayment of the principal of the Loan <br />in such order and manner as Lender determines. <br />Section 5.4 Additional Improvements. <br />Grantor will not construct any Improvements other than those presently on the Land and those <br />permitted in the Loan Agreement without the prior written consent of Lender. Grantor will complete and <br />pay for, within a reasonable time, any Improvements which Grantor is permitted to construct on the Land. <br />Grantor will construct and erect any permitted Improvements (a) strictly in accordance with all applicable <br />Laws and any private restrictive covenants, (b) entirely on lots or parcels of the Land, (c) so as not to <br />encroach upon any easement or right of way or upon the land of others, and (d) wholly within any building <br />restriction and setback lines applicable to the Land. <br />Section 5.5 Restrictive Covenants, Zoning, etc. <br />Without the prior written consent of Lender, Grantor will not initiate, join in, or consent to any <br />change in, any restrictive covenant, easement, zoning ordinance, or other public or private restrictions <br />limiting or defining the uses which may be made of the Property. Grantor (a) will promptly perform and <br />observe, and cause to be performed and observed, all of the terms and conditions of all agreements affecting <br />the Property, and (b) will do or cause to be done all things necessary to preserve intact and unimpaired any <br />and all easements, appurtenances and other interests and rights in favor of, or constituting any portion of, <br />the Property. <br />Article VI <br />Events of Default. <br />The occurrence or happening, from time to time, of any one or more of the following shall constitute <br />an Event of Default under this Deed of Trust: <br />17 <br />
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