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200313159
<br />ARTICLE 2.
<br />COVENANTS AND AGREEMENTS
<br />Trustor covenants and agrees for the benefit of Beneficiary, its successors and assigns, as
<br />follows:
<br />SECTION 2.1 Payment of Indebtedness: Observance of Covenants.
<br />Trustor will duly and punctually pay each and every installment of principal, premium, if
<br />any, and interest on the Note, all deposits required herein, and all other Indebtedness, as and
<br />when the same shall become due, and shall duly and punctually perform and observe all of the
<br />covenants, agreements and provisions contained herein, in the Note and any other Loan
<br />Document, as such instrument may be amended, modified, restated and in effect from time to
<br />time.
<br />SECTION 2.2 Maintenance; Repairs.
<br />Trustor agrees that it will keep and maintain the Premises in good, first class condition,
<br />repair and operating condition free from any waste or misuse, and will comply with all
<br />requirements of law, municipal ordinances and regulations, restrictions and covenants affecting
<br />the Premises and their use, and will promptly repair or restore any buildings, improvements or
<br />structures now or hereafter on the Premises which may become damaged or destroyed to their:
<br />condition prior to any such damage or destruction. Trustor further agrees that without the prior.
<br />written consent of Beneficiary, it will not remove or expand any improvements on the Premises,
<br />erect any new improvements or make any material alterations in any improvements which will
<br />alter the basic structure, adversely affect the market value or change the existing architectural
<br />character of the Premises, and agrees that any other buildings, structures and improvements now
<br />or hereafter constructed on or in the Premises or repairs made to the Premises shall be completed
<br />in a good and workmanlike manner, in accordance with all applicable governmental laws,
<br />regulations, requirements and permits and in accordance with plans and specifications previously
<br />delivered to, and approved in advance and in writing by Beneficiary. Trustor agrees not to
<br />acquiesce in any rezoning classification, modification or restriction affecting the Premises
<br />without the written consent of Beneficiary. Trustor agrees that it will not abandon or vacate the
<br />Premises. Trustor agrees that it will provide, improve, grade, surface and thereafter maintain,
<br />clean, repair and adequately light all parking areas within the Premises, together with any
<br />sidewalks, aisles, streets, driveways and curb cuts and sufficient paved areas for ingress and
<br />right -of -way to and from the adjacent public thoroughfare necessary or desirable for the use
<br />thereof and maintain all landscaping thereon.
<br />SECTION 2.3 Payment of Operating Costs; Liens; and Other Indebtedness.
<br />Trustor agrees that it will pay all operating costs and expenses of the Premises; keep the
<br />Premises free from construction liens, mechanics' liens, materialmen's liens, judgment liens and
<br />other liens, executions, attachments or levies (hereinafter collectively referred to as "Liens "); and
<br />will pay when due all permitted indebtedness which may be secured by mortgage, lien or charge
<br />on the Premises whether prior to, subordinate to, or of equal priority with the lien hereof, and
<br />upon request will exhibit to Beneficiary satisfactory evidence of such payment and discharge.
<br />15311/53;09/30/03 - 7 -
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