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<br /> <br /> <br />L <br /> <br />tf/- 10'? 41)f) <br /> <br />12. Trustor Not Released. Extension of the time for payment or <br />modification of any amortization of the Indebtedness granted by <br />Beneficiar'y to any successor in interest of Trustor shall not <br />operate to release, in any manner, the 1 iabil i ty of Trustor and <br />Trustor's successors in interest. Beneficiary shall not be re- <br />quired to commence proceedings against such successor or refuse <br />to extend time for payment or otherwise modify amortization of <br />the Indebtedness by reason of any demand made by Trustor and <br />Trustorls successors in interest. <br /> <br />13. Financial Information. Upon request of Beneficiary, Trustor will <br />provide to Beneficiary, within ninety (90) days of the close of <br />each fiscal year of Trustor, the consolidated balance sheet and <br />statement of earnings of Trustor and any and all.guarantors of <br />t he Indebtedness secured hereby, if any, and will provide and <br />deliver to Beneficiary such other financial information and in <br />such manner as Beneficiary may reasonably request from time to <br />time. <br /> <br />14. Financial Covenants. In addition to any other financial cove- <br />nants of Trustor made in any other agreement, instrument or docu- <br />ment, Trustor shall comply with and shall cause any and all <br />guarantors of the Indebtedness secured hereby to comply with, or <br />be in compliance with, the following financial covenants: (This <br />paragraph shall not apply if covenants and requirements are not <br />set forth herein.) <br /> <br />15. Schedule of Leases. Within ten (10) days after demand, Trustor <br />shall furnish to Beneficiary a schedule, certified to by Trustor, <br />setting forth all leases of the Trust Property, or any portion <br />thereof, including in each case, the name of the tenants or occu- <br />pants, a description of the space occupied by such tenant or <br />occupant, the rental payable for such space, and such other in- <br />formation and documents with respect to such leases and tenancies <br />as Beneficiary may reasonably request. <br /> <br />16. Covenants of Trustor wi th Respect to Leases. Without the prior <br />written consent of Beneficiary, Trustor shall not, directly or <br />indirectly, with respect to any lease of space in the Trust <br />Property, or any portion thereof, whether such lease is now or <br />hereafter in existence: <br /> <br />(a) Accept or permit any prepayment, discount or advance payment <br />of rent hereunder in excess of one month, <br /> <br />(b) Cancel or terminate the same, or accept any cancellat ion, <br />termination or surrender thereof, or permit any event to <br />occur which would occur thereunder to terminate or cancel the <br />same other than termination for nonpayment of rent, <br /> <br />(c) Amend or modi fy the same so as to reduce the term thereof, <br />the rental payable thereunder, or to change any renewal pro- <br />visions therein contained, <br /> <br />(d) waive any default thereunder or breach thereof, <br /> <br />(e) Give any consent, waiver or approval thereunder or take any <br />other action in connection therewith, or with a lessee there- <br />under, which would have the effect of impairing the value of <br />the lessor's interest thereunder or the property subject <br />thereto, or of impairing the position or interest of Benefi- <br />ciary therein, or <br /> <br />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or <br />encumber its interest in any said lease or any rents, issues, <br />profits issuing or arising thereunder. <br /> <br />-6- <br /> <br /> <br />.~t <br />..~~ <br /> <br />~ <br />l' <br />.J <br />'1 <br />, <br />..~ <br /> <br />'~ <br /> <br />r-- <br />, <br />i' <br />I <br />! <br /> <br />,j <br />