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200305038 <br />Property below the value thereof immediately preceding the commencement of <br />such Alteration or, in the case of Restoration, the value thereof immediately <br />preceding the Casualty or Condemnation in question; (iii) any Alteration or <br />Restoration shall be substantially equal in quality to, or better than, the <br />Improvements or Equipment located on the Property as of the date hereof, (iv) <br />prior to commencing any phase of any Alteration or Restoration, the Grantor <br />shall obtain all Permits applicable to such phase and all other consents or <br />approvals required therefor; (v) any Alteration or Restoration shall be effected <br />with due diligence, in a good and workmanlike manner, in compliance with all <br />applicable Legal Requirements and Insurance Requirements; (vi) the Grantor <br />shall promptly and fully pay the cost of any Alteration or Restoration; (vii) any <br />Alteration or Restoration shall be located entirely on the Land and shall not <br />encroach upon any Permitted Property Lien unless the document creating such <br />Permitted Property Lien specifically allows for such encroachment; and (viii) any <br />Alteration will not adversely affect the present use of the Trust Property. <br />(b) Nothing herein shall be construed to be a consent by the Beneficiary <br />to any mechanic's, materialman's, supplier's, repairman's or similar Lien on the <br />Trust Property or any interest therein. <br />Section 2.09. Permitted Contests. After prior notice to the Beneficiary, <br />the Grantor may contest, by appropriate legal or other proceedings conducted in <br />good faith and with due diligence, the amount, validity or application, in whole or <br />in part, of any Imposition or Lien therefor, any Legal Requirement, any Insurance <br />Requirement or any Lien of any laborer, mechanic, materialman, supplier vendor <br />provided that (a) the Trust Property, or any part thereof or estate or interest <br />therein, shall not be in any danger of being sold, forfeited or lost by reason of <br />such proceedings; (b) in the case of (i) Liens of laborers, mechanics, <br />materialmen, suppliers or vendors or (ii) the Impositions, or Liens therefor, such <br />proceedings shall suspend the foreclosure of any such Lien or any other collection <br />thereof from the Trust Property; (c) in the case of a Legal Requirement, the <br />Beneficiary shall not be in any danger of any criminal liability or, unless the <br />Grantor shall have furnished a bond or other security therefor reasonably <br />satisfactory to the Beneficiary, any additional civil liability for failure to comply <br />therewith, and the Trust Property, or any part thereof or estate or interest therein, <br />shall not be subject to the imposition of any Lien as a result of such failure which <br />is not properly contested pursuant to this Section 2.09; (d) in the case of any <br />Insurance Requirement, no insurance coverage required to be maintained pursuant <br />to the Credit Agreement shall be canceled or jeopardized; and (e) if reasonably <br />required by the Beneficiary, the Grantor shall have furnished to the Beneficiary a <br />bond or other security reasonably satisfactory to the Beneficiary. <br />Section 2.10. Inspection. The Beneficiary and its authorized agents and <br />employees shall have the right to enter on and into the Property at all reasonable <br />times and, except in the event of an emergency, after reasonable notice for the <br />purpose of inspecting the same, provided such inspection shall not disturb patient <br />activities at the Property. <br />21 <br />(NY) 04675/ 120 /REALJNEBRASKA/form.dot.NE.doc <br />