|
20060308©
<br />Lease of all or any portion of the Property, agree to the cancellation or surrender under any Lease of all or any portion of
<br />the Property, agree to prepayment of Rents, issues or profits (other than Rent paid at the signing of a lease or sublease),
<br />modify any Such Lease so as to shorten the term, decrease the Rent, accelerate the payment of Rent, or change the terms
<br />of any renewal option, provided that such action (taking into account, in the case of a termination, reduction in rent,
<br />surrender of space or shortening of term, the planned alternative use of the affected space) does not have a materially
<br />adverse effect on the value of the Property taken as a whole, and provided that such Lease, as amended, modified or
<br />waived, is otherwise in compliance with the requirements of this Security Instrument and any subordination agreement
<br />binding upon Lender with respect to such Lease. Any such purported new Lease, cancellation surrender, prepayment or
<br />modification made without the written consent of Lender shall be void as against Lender.
<br />Section 3.9. MAINTENANCE AND USE OF PROPERTY. Borrower shall cause the Property to be maintained
<br />in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed, demolished
<br />or materially altered (except for normal replacement of the Personal Property) without the consent of Lender. Borrower
<br />shall promptly repair, replace or rebuild any part of the Property which may be destroyed by any casualty, or become
<br />damaged, worn or dilapidated or which may be affected by any condemnation or taking proceeding and shall complete
<br />and pay for any structure at any time in the process of construction or repair on the Land. Borrower shall not initiate, join
<br />in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private
<br />restriction. limiting or defining the uses which may be made of the Property or any part thereof. If under applicable
<br />zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not
<br />cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without
<br />the express written consent of Lender.
<br />Section 3.10. W_ ASTF,. Borrower shall not commit or suffer any waste of the Property or make any change in
<br />the use of the Property which will in any way materially increase the risk of fire or other hazard arising out of the
<br />operation of the Property, or take any action that might invalidate or give cause for cancellation of any Policy, or do or
<br />permit to he done thereon anything that may in any way impair the value of the Property or the security of this Security
<br />Instrument, borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or
<br />extraction, removal, or production of any minerals from the surface or the subsurface of the Land, regardless of the depth
<br />thereof or the method of mining or extraction thereof.
<br />Section 3.1 1. COMPLIANCE WITH LAWS.
<br />(u) 1orrower shall promptly comply with all existing and future federal, state and local laws, orders,
<br />ordinances, ,overnmental rules and regulations or court orders affecting the Property, or the use thereof, including
<br />Environmental Law (defined in Section 12.1) ( "Applicable Laws ").
<br />(h) 1orrower shall from time to time, upon Lender's request, provide Lender with evidence reasonably
<br />satisfactory to Lender that the Property complies with all Applicable Laws or is exempt from compliance with Applicable
<br />Laws.
<br />(c) Notwithstanding any provisions set forth herein or in any document regarding Lender's approval of
<br />alterations of the Property, Borrower shall not alter the Property in any manner which would materially increase
<br />Borrower's responsibilities for compliance with Applicable Laws without the prior written approval of Lender. Lender's
<br />approval of tl►e plans, specifications, or working drawings for alterations of the Property shall create no responsibility or
<br />liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Applicable Laws. The
<br />foregoing shall apply to tenant improvements constructed by Borrower or by any of its tenants. Lender may condition
<br />any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect,
<br />engineer, or other person acceptable to Lender.
<br />(d) Borrower shall give prompt notice to Lender of the receipt by Borrower of any notice related to a
<br />violation or any threatened violation of any Applicable Laws and of the commencement or threatened commencement of
<br />any proceedings or investigations which relate to compliance with Applicable .Laws.
<br />(c) After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal
<br />proceeding, promptly initiated and conducted in good faith and with due diligence, the Applicable Laws affecting the
<br />Property, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or
<br />any of the Other Security DOCmllents; (ii) Borrower is permitted to do So under the provisions of any other deed of trust,
<br />mortgage or deed to secure debt affecting the Property; (iii) such proceeding shall be permitted under and be conducted in
<br />accorclanc(, with the provisions of any other instru t to which Bo rr er or the Property is subject and shall not
<br />V.
<br />`. , a ,
<br />
|