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2000111.80 <br />and (b) keep and perform all of the covenants and agreements herein contained, then this Trust <br />Deed shall become null and void and shall be released or reconveyed by American Family at <br />Borrower's expense. <br />Kelly & Cohen Appliances, Inc. for itself and it's successors and assigns, covenants <br />with American Family, its successors and assigns, that it is vested with fee ownership of the <br />Premises and has good right to encumber the same; that the Premises are free from all <br />encumbrances except as may be stated in Exhibit B hereof; that Kelly & Cohen Appliances, Inc., <br />at its expense, will forever warrant and defend such title to the Premises and the lien and security <br />interest of this Mortgage and the other Loan Documents against all claims and demands of all <br />persons and will maintain and preserve such lien and security interest as long as all or any portion <br />of the Indebtedness evidenced by the Note, or any other Indebtedness is outstanding, subject <br />only to the Permitted Exceptions. <br />BORROWER <br />FURTHER COVENANTS AND AGREES AS FOLLOWS: <br />ARTICLE 1 <br />GENERAL COVENANTS AND AGREEMENTS <br />SECTION 1.1 PAYMENT OF INDEBTEDNESS; OBSERVANCE OF <br />COVENANTS. Borrower shall duly and punctually pay each and every installment of principal <br />and interest on the Note and all other Indebtedness, as and when the same shall become due, and <br />shall duly and punctually perform and observe all of the covenants, agreements and provisions <br />contained in the Loan Documents. <br />SECTION 1.2 CONSTRUCTION, MAINTENANCE & REPAIRS. <br />Borrower warrants and represents that, to its Knowledge, the Premises have been, or if to be <br />constructed shall be, built in accordance with all applicable codes, laws and regulations, including <br />Disabilities Regulations, and in accordance with only those plans and specifications submitted <br />to and approved by American Family. <br />Borrower shall keep and maintain the Premises in good repair and operating <br />condition free from any waste or misuse, and shall comply with all requirements of law, municipal <br />ordinances and regulations, restrictions and covenants affecting the Premises and their use and, <br />subject to Section 3.4 respecting the application of Insurance Proceeds, shall promptly repair or <br />restore any buildings, improvements or structures now or hereafter on the Premises which may <br />become damaged or destroyed to their condition prior to any such damage or destruction. <br />Borrower agrees that the Premises shall be maintained in compliance with, and any repairs, <br />alterations, additions or replacements thereto or thereof shall be performed in compliance with, <br />all applicable Disabilities Regulations. Borrower further agrees that without the prior written <br />15 <br />