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<br />#1060655 v4 <br /> <br />200605551 <br /> <br />Beneficiary (the arrangement contained in the Loan Agreement for <br />obtaining lien releases and disbursing loan funds shall be deemed <br />reasonable with respect to disbursement of insurance or condemnation <br />proceeds and shall be used in connection therewith); (iii) the delivery to <br />Beneficiary of plans and specifications for the work, a contract for the <br />work signed by a contractor acceptable to Beneficiary, a cost breakdown <br />for the work and a payment and performance bond for the work, all of <br />which shall be acceptable to Beneficiary; and (iv) the delivery to <br />Beneficiary of evidence acceptable to Beneficiary (aa) that after <br />completion of the work the income from the Subject Property will be <br />sufficient to pay all expenses and debt service for the Subject Property; <br />(bb) of the continuation of Leases acceptable to and required by <br />Beneficiary; (cc) that upon completion of the work, the size, capacity and <br />total value of the Subject Property will be at least as great as it was before <br />the damage or condemnation occurred; (dd) that there has been no <br />material adverse change in the financial condition or credit of Grantor <br />since the date of this Deed of Trust; and (ee) of the satisfaction of any <br />additional conditions that Beneficiary may reasonably establish to protect <br />its security. Grantor hereby acknowledges that the conditions described <br />above are reasonable, and, if such conditions have not been satisfied <br />within thirty (30) days of receipt by Beneficiary of such insurance or <br />condemnation proceeds, then Beneficiary may apply such insurance or <br />condemnation proceeds to pay the Secured Obligations in such order and <br />amounts as Beneficiary in its sole discretion may choose. <br /> <br />5.7 MAINTENANCE AND PRESERVATION OF THE SUBJECT <br />PROPERTY. Subject to the provisions of the Loan Agreement, Grantor <br />covenants; (a) to insure the Subject Property and Collateral against such risks as <br />Beneficiary may require and, at Beneficiary's request, to provide evidence of such <br />insurance to Beneficiary, and to comply with the requirements of any insurance <br />companies providing such insurance; (b) to keep or cause to be kept the Subject <br />Property and Collateral in good condition and repair; (c) not to remove or <br />demolish the Subject Property or Collateral or any part thereof, not to alter, <br />restore or add to the Subject Property or Collateral and not to initiate or acquiesce <br />in any change in any zoning or other land classification which affects the Subject <br />Property without Beneficiary's prior written consent or as provided in the Loan <br />Agreement; (d) to complete or restore promptly and in good and workmanlike <br />manner the Subject Property and Collateral, or any part thereof which may be <br />damaged or destroyed, without regard to whether Beneficiary elects to require that <br />insurance proceeds be used to reduce the Secured Obligations as provided in that <br />certain Section entitled Damages; Insurance and Condemnation Proceeds; (e) to <br />comply with all laws, ordinances, regulations and standards, and all covenants, <br />conditions, restrictions and equitable servitudes, whether public or private, of <br />every kind and character which affect the Subject Property or Collateral and <br />pertain to acts committed or conditions existing thereon, including, without <br />limitation, any work, alteration, improvement or demolition mandated by such <br />laws, covenants or requirements; (f) not to commit or permit waste of the Subject <br /> <br />13 <br />