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d. Maintenance. Repairs and Compliance With Laws. 200313229
<br />(i) Until the Trust Estate is reconveyed pursuant to the terms
<br />hereof, Trustor shall keep the Trust Estate in good repair
<br />and condition and shall not commit waste or permit
<br />impairment or deterioration of the Trust Estate, reasonable
<br />and normal wear and tear excepted. No Improvement
<br />shall be removed or demolished without the prior written
<br />consent of Beneficiary.
<br />Any improvements made to the Trust Estate shall be
<br />accomplished in accordance with the requirements of the
<br />Americans with Disabilities Act, as amended and in effect
<br />when such improvements are made. Trustor shall furnish
<br />to Lender, upon request, a written opinion from a licensed
<br />architect that any such improvements and the Trust Estate
<br />as so improved comply with the Americans with Disabilities
<br />Act in effect at such time.
<br />(iii) Trustor shall satisfy in a timely fashion all of his obligations
<br />under the Leases, whether presently existing or entered
<br />into after the date hereof, and neither do nor neglect to do,
<br />nor permit to be done, any thing which may diminish or
<br />impair the value of the Leases or the Rents or the interest
<br />of Trustor and Beneficiary thereunder, ordinary wear and
<br />tear excepted.
<br />(iv) Trustor shall comply with, and shall not commit, suffer, or
<br />permit any act to be done in or upon the Trust Estate in
<br />violation of, any applicable federal, state, or local law,
<br />statute, code, rule, ordinance, regulation, covenant,
<br />condition, and restriction affecting the Trust Estate or to
<br />which the Trust Estate is subject, including Environmental
<br />Law and the Americans with Disabilities Act, as amended
<br />and in effect from time to time prior to the reconveyance
<br />of the Trust Estate. Subject to the obligations of Benefi-
<br />ciarywith respect to Insurance proceeds described above,
<br />Trustor shall cause to be restored within a reasonable
<br />period of time and in a good and workmanlike manner any
<br />Improvement which may be damaged or destroyed and
<br />cause to be paid, when due, all claims for labor performed
<br />and materials furnished therefor and for any alterations
<br />thereof.
<br />3. Eminent Domain.
<br />a. Should the Trust Estate, or any part thereof or interest therein, be
<br />taken or damaged by reason of any public improvement or condem-
<br />nation proceeding or in any other manner, including a deed in lieu of
<br />condemnation ( "Condemnation "), or should Trustor receive any notice
<br />or other information regarding any such contemplated or proposed
<br />Condemnation, Trustor shall give immediate notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards,
<br />and other payments or relief therefor, to the full extent of the
<br />Obligations. Beneficiary shall be entitled, at its sole option, to appear
<br />in and prosecute in Trustor's or its own name any Condemnation
<br />action or proceedings. Beneficiary shall also be entitled to make any
<br />compromise or settlement in connection with such Condemnation.
<br />All such compensation, awards, damages, rights of action, and
<br />proceeds awarded (the "Condemnation Proceeds ") are hereby sold,
<br />conveyed, transferred, and assigned to Beneficiary to the extent of
<br />the outstanding Obligations, and Trustor agrees to execute such
<br />further assignments of the Condemnation Proceeds as Beneficiary
<br />or Trustee may reasonably require.
<br />b. In the event of a Condemnation, Beneficiary shall have the option,
<br />in its sole and absolute discretion, to apply all the Condemnation
<br />L0553199.1 - 5-
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