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200408871
<br />shall also be deemed to have acquired exclusively all of the right, title and interest of Borrower in and to any
<br />insurance policies and unearned premiums thereon and in and to any insurance proceeds resulting from or which
<br />may be payable as a consequence of any damage to the Property prior to such sale or acquisition.
<br />6. PRESERVATION AND MAINTENANCE OF PROPERTY. Borrower (a) shall not commit
<br />waste or permit any physical deterioration of the Property; (b) shall not abandon the Property; (c) shall restore or
<br />repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its
<br />original condition, or such other condition as Lender may approve in writing, in the event of any damage, injury or
<br />loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration
<br />or repair; (d) shall keep the Property, including improvements, fixtures, equipment, machinery and appliances
<br />therein, in good repair and shall replace fixtures, equipment, machinery and appliances on the Property when
<br />necessary to keep such items in good repair; (e) shall comply with all laws, ordinances, regulations and requirements
<br />of any governmental body applicable to the Property; (f) at Lender's option shall provide for professional
<br />management of the Property by a rental property manager satisfactory to Lender pursuant to a contract approved by
<br />Lender in writing, unless such requirement shall be waived by Lender in writing; (g) shall generally operate and
<br />maintain the Property in a manner to maximize rentals and income; and (h) shall give notice in writing to Lender of
<br />and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to
<br />affect the Property, the security of this Instrument or the rights or powers of Lender. Neither Borrower nor any
<br />tenant or other person shall remove, demolish or alter any improvement now existing or hereafter erected on the
<br />Property or any fixture, equipment, machinery or appliance in or on the Property except when incident to the
<br />replacement of fixtures, equipment, machinery and appliances with items of like kind.
<br />If this Instrument is on a leasehold, Borrower (a) shall comply with the provisions of the ground lease; (b)
<br />shall give immediate written notice to Lender of any default by lessor under the ground lease or of any notice
<br />received by Borrower from such lessor of any default under the ground lease by Borrower; (c) shall exercise any
<br />option to renew or extend the ground lease and give written confirmation thereof to Lender within thirty days after
<br />such option becomes exercisable; (d) shall give immediate written notice to Lender of the commencement of any
<br />remedial proceedings under the ground lease by any party thereto and, if required by Lender, shall permit Lender as
<br />Borrower's attorney -in -fact to control and act for Borrower in any such remedial proceedings; and (e) shall within
<br />thirty days after request by Lender obtain from the lessor under the ground lease and deliver to Lender the lessor's
<br />estoppel certificate required thereunder, if any. Borrower hereby expressly transfers and assigns to Lender the
<br />benefit of all covenants contained in the ground lease, whether or not such covenants run with the land, but Lender
<br />shall have no liability with respect to such covenants or any other covenants contained in the ground lease.
<br />Borrower shall not surrender the leasehold estate and interest herein conveyed nor terminate or cancel the
<br />ground lease creating said estate and interest, and Borrower shall not, without the express written consent of Lender,
<br />alter or amend said ground lease. Borrower covenants and agrees that there shall not be a merger of the ground
<br />lease, or of the leasehold estate created thereby, with the fee estate covered by the ground lease by reason of said
<br />leasehold estate or said fee estate, or any part of either, coming into common ownership, unless Lender shall consent
<br />in writing to such merger; if Borrower shall acquire such fee estate, then this Instrument shall simultaneously and
<br />without further action be spread so as to become a lien on such fee estate.
<br />7. USE OF PROPERTY. Unless required by applicable law or unless Lender has otherwise agreed
<br />in writing, Borrower shall not allow changes in the use for which all or any part of the Property was intended at the
<br />time this Instrument was executed. Borrower shall not initiate or acquiesce in a change in the zoning classification
<br />of the Property without Lender's prior written consent. Borrower shall not violate nor shall Borrower permit or
<br />authorize the breach or violation of the terms of any easements, covenants, or restrictions of record upon or affecting
<br />the Property. Borrower will not conduct, permit, or authorize the generation, storage, treatment, or disposal of any
<br />friable asbestos, hazardous waste, or toxic substance on or in a location that will adversely affect the Property and
<br />shall promptly provide Lender written notice of (a) its obtaining knowledge of any release of any hazardous or toxic
<br />material or oil at or from the Property or any other site owned, occupied, or operated by Borrower or by any person
<br />for whose conduct Borrower is responsible or whose liability may result in a lien on the Property; (b) Borrower's
<br />receipt of any notice to such effect from any federal, state, or other governmental authority; and (c) loss by such
<br />governmental authority in connection with the assessment, containment, or removal of any hazardous or toxic
<br />material or oil for which expense or loss Borrower may be liable or for which expense a lien may be imposed on the
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