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200608M
<br />8714801
<br />hereof or if Lender acquires title to the Property, Lender shall have all of the right, title and interest of Borrower in and to any
<br />insurance policies and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property prior to
<br />such sale or acquisition.
<br />6. PRESERVATION AND MAINTENANCE OF PROPERTY; LEASEHOLDS. Borrower (a) shall not commit waste or permit
<br />impairment or deterioration of the Property, (b) shall not abandon the Property, (c) shall restore or repair promptly and in a good
<br />and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Lender
<br />may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover
<br />in whole or in part the costs of such restoration or repair, (d) shall keep the Property, including improvements, fixtures, equipment,
<br />machinery and appliances thereon in good repair and shall replace fixtures, equipment, machinery and appliances on the Property
<br />when necessary to keep such items in good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any
<br />governmental body applicable to the Property, (f) upon written demand by Lender shall provide for professional management of the
<br />Property by a residential rental property manager satisfactory to Lender pursuant to a contract approved by Lender in writing, (g)
<br />shall generally operate and maintain the Property in a manner to ensure maximum rentals, and (h) shall give notice in writing to
<br />Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect
<br />the Property, the security of this Instrument or the rights of powers of Lender. Neither Borrower nor any tenant or other person shall
<br />remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture, equipment, machinery
<br />or appliance in or on the Property except when incident to the replacement of fixtures, equipment, machinery and appliances with
<br />items of like kind.
<br />If this Instrument is on a leasehold, Borrower (i) shall comply with the provisions of the ground lease, (ii) shall give
<br />immediate written notice to Lender of any default by lessor under the ground lease or of any notice received by Borrower from such
<br />lessor of any default under the ground lease by Borrower, (iii) shall exercise any option to renew or extend the ground lease and
<br />give written confirmation thereof to Lender within thirty days after such option becomes exercisable, (iv) shall give immediate
<br />written notice to Lender of the commencement of any remedial proceedings under the ground lease by any party thereto and, if
<br />required by Lender, shall permit Lender as Borrower's attorney -in -fact to control and act for Borrower in any such remedial
<br />proceedings and (v) shall within thirty days after request by Lender obtain from the lessor under the ground lease and deliver to
<br />Lender the lessor's estoppel certificate required thereunder, if any. Borrower hereby expressly transfers and assigns to Lender the
<br />benefit of all covenants contained in the ground lease, whether or not such covenants run with the land, but Lender shall have no
<br />liability with respect to such covenants nor any other covenants contained in the ground lease.
<br />Borrower shall not surrender the leasehold estate and interests herein conveyed nor terminate or cancel the ground lease
<br />creating said estate and interests, and Borrower shall not, without the express written consent of Lender, alter or amend said ground
<br />lease. Borrower covenants and agrees that there shall not be a merger of the ground lease, or of the leaschold estate created thereby,
<br />with the fee estate covered by the ground lease by reason of said leasehold estate or said fee estate, or any part of either, coming
<br />into common ownership, unless Lender shall consent in writing to such merger, if Borrower shall acquire such fee estate, then this
<br />Instrument shall simultaneously and without further action be spread so as to become a lien on such fee estate.
<br />7. USE OF PROPERTY. Unless required by applicable law or unless Lender has otherwise agreed in writing, Borrower shall not
<br />allow changes in the use for which all or any part of the Property was intended at the time this Instrument was executed. Borrower
<br />shall not initiate or acquiesce in a change in the zoning classification of the Property without Lender's prior written consent.
<br />8. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this
<br />Instrument, or if any action or proceeding is commenced which affects the Property or title thereto or the interest of Lender therein,
<br />including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt
<br />or decedent, then Lender at Lender's option may make such appearances, disburse such sums and take such action as Lender deems
<br />necessary, in its sole discretion, to protect Lender's interest, including, but not limited to, (i) disbursement of attorney's fees, (ii)
<br />entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in paragraph 5 hereof, and (iv) if
<br />this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing
<br />of any default of Borrower in the terms and conditions of the ground lease.
<br />Any amounts disbursed by Lender pursuant to this paragraph 8, with interest thereon, shall become additional
<br />indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts
<br />shall be immediately due and payable and shall bear interest from the date of disbursement at the rate stated in the Note unless
<br />collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear
<br />interest at the highest rate which may be collected from Borrower under applicable law. Borrower hereby covenants and agrees that
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