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200609831 <br />payment of the Secured Obligations in accordance with the terms of the Loan <br />Agreement. <br />4. Preservation and Maintenance. <br />(a) Grantor shall: <br />(i) not permit or commit waste, impairment, or deterioration of the <br />Property or abandon the Property; <br />(ii) restore or repair promptly and in a good and workmanlike manner <br />all or any part of the Property in the event of any damage, injury or loss thereto, to <br />the equivalent of its condition prior to such damage, injury or loss, or such other <br />condition as Beneficiary may approve in writing; <br />(iii) keep the Property, including the Improvements, in good order, <br />repair and tenantable condition and shall replace fixtures, equipment, machinery <br />and appliances on the Property when necessary to keep such items in good order, <br />repair, and tenantable condition; and <br />(iv) comply with all laws, ordinances, regulations and requirements of <br />any governmental body, as well as any reciprocal easement agreements or <br />covenants of record, applicable to the Property, subject to the Grantor's right to <br />contest, provided such contest complies with terms of Section 8.04 of the Loan <br />Agreement. Grantor covenants and agrees to give Beneficiary prompt notice of <br />any non - compliance with such laws, ordinances, regulations or requirements and <br />of any notice of non- compliance therewith which it receives or any threatened or <br />pending proceedings in respect thereto or with respect to the Property. <br />(b) Neither Grantor nor any tenant or other person shall remove, <br />demolish or alter any Improvements now existing or hereafter erected on the <br />Property, without the prior consent of Beneficiary, except to the extent the same <br />would not impair the structural integrity or value of the Property. <br />5. Transfers. Except as otherwise provided in the Loan Agreement, Grantor <br />will not, directly or indirectly, without the prior written consent of Beneficiary in <br />each instance: (a) sell, convey, assign, transfer, option, mortgage, pledge, <br />hypothecate or dispose of the Mortgaged Property, or any part thereof or interest <br />therein; or (b) create or suffer to be created or to exist any Lien, restriction, or <br />attachment of any kind upon the Mortgaged Property, or any part thereof or <br />interest therein other than the Permitted Liens. <br />6. Hazardous Materials Warranties and Indemnification. <br />(a) Environmental Representations and Warranties of Grantor. In addition to <br />the representations and warranties made in Loan Agreement, Grantor represents <br />and warrants to each Credit Party and the Beneficiary as follows: <br />7 <br />MA <br />