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200600597 in violation of any zoning laws, restrictive covenants or similar laws, regulations or restrictions affecting the Land (provided, however, that Grantor shall have thirty (30) days after the date upon which the Land first becomes in violation of such matter(s) in which to attempt to cure any such violation which is susceptible of cure, and if such violation is cured within said thirty (30) day period, then the condemnation causing such violation shall not fail to qualify as a "Non-Material Condemnation" hereunder solely by reason of the occurrence of such violation) or (iv) so much of the Land as, in the reasonable discretion of Beneficiary, renders the remainder of the Land incapable of functioning in its intended use in Grantor's business operations. Beneficiary shall apply the net condemnation proceeds it actually receives from a Non-Material Condemnation to the Obligations in such order as Beneficiary shall elect. 3.05 Care of Premises. 3.05.01 Grantor will keep the buildings, parking areas, roads and walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof. 3.05.02 Grantor will not remove or demolish nor alter the structural character of any improvement located on the Land without the written consent of Beneficiary. 3.05.03 If the Premises or any part thereof is damaged by fire or any other cause, Grantor will give immediate written notice thereof to Beneficiary. 3.05.04 Beneficiary or its representative is hereby authorized to enter upon and inspect the Premises at any time, subject, however, to the terms and conditions of the Credit Agreement in regard thereto generally. 3.05.05 Grantor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof; provided, however, Grantor shall have the right to contest such in the same manner as provided in subsection 3.02.05 of this Instrument. 3.05.06 If all or any part of the Premises shall be damaged by fire or other casualty, Grantor will promptly restore the Premises to substantially the same condition that existed prior to such fire or other casualty; and if a part of the Premises shall be damaged through condemnation, Grantor will promptly restore, repair or alter the remaining portions of the Premises in a manner reasonably satisfactory to Beneficiary. If and to the fullest extent then permissible under applicable law, Grantor hereby waives any right to require Beneficiary to demonstrate that the value of the Premises as security for the Obligations has been impaired. 3.06 Leases. Contracts. Etc. 3.06.01 Grantor does hereby assign to Beneficiary and Trustee all of Grantor's right, title and interest in any and all Leases and Rents, tenant contracts, rental agreements, franchise agreements, management contracts, construction contracts, and other contracts, licenses and permits now or hereafter affecting the Premises, or any part thereof (reserving only -7-