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200305038 current and anticipated future use and occupancy of the Property as presently constructed; (ii) the Property has legal access to public streets or roads (including, as appropriate, access over properly - granted, perpetual, private rights -of -way or easements) sufficient to serve the current and anticipated future use and operation of the Property as presently constructed; and (iii) to the extent the Property is located in an area designated as "flood prone" (as defined under the regulations adopted under the National Flood Insurance Program) the Grantor maintains in full force and effect flood insurance under the National Flood Insurance Program to the extent and in the amounts required by applicable law. (b) The Grantor (i) shall not cause or permit the Property to be misused, wasted, disfigured or damaged or to deteriorate (except, in the case of deterioration, for reasonable wear and tear); (ii) shall use and operate the Property, or cause the same to be used and operated, for substantially the same uses and purposes, as they are used and operated as of the date hereof; (iii) shall operate and maintain the Property, or cause the same to be operated and maintained, in good order, repair and condition except (subject to the provisions of this Section) for reasonable wear and tear•, (iv) subject to the provisions of Section 3.02, shall promptly make, or cause to be made, all repairs, replacements, renewals, restorations, alterations, additions and improvements of and to the Property, whether interior or exterior, structural or nonstructural, foreseen or unforeseen, necessary or appropriate to keep the Property in good order, repair and condition, all of which repairs, replacements, renewals and restorations shall be equal in quality to or better than the Property as of the date hereof; (v) shall do or cause others to do all shoring of the Property or any properties adjacent thereto, including the foundations and walls of either thereof, and to take all other actions necessary or appropriate for the preservation and safety thereof by reason of or in connection with any excavation or other construction operation on the Property or any properties adjacent thereto, whether or not the Grantor or any adjacent - property owner shall be required by any Legal Requirement to take such action or be liable for failure to do so; (vi) shall not initiate or affirmatively support any change in the applicable zoning adversely affecting the Property, seek any variance (or any change in any variance) under the zoning adversely affecting the Property, execute or file any subdivision or other plat or map adversely affecting the Property or consent to any of the foregoing; and (vii) shall, promptly after receiving notice or obtaining knowledge of any proposed or threatened change in the zoning affecting the Property which would result in the current use of the Property being a non - conforming use, notify the Beneficiary thereof and diligently contest the same by any action or proceeding deemed appropriate by the Grantor or requested by the Beneficiary. Section 2.08. Alterations. (a) The Grantor may construct any new Improvement or otherwise Alter or Restore the Property, provided that (i) in the case of any Alteration or Restoration (subject to the provisions of Section 3.02(b)), no Event of Default has occurred and is continuing; (ii) any Alteration or Restoration when completed shall not result in a reduction of the value of the 20 (NY) 04675/ 120 /REAL/NEBRASKA/fonn.dot.NE.doc