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<br />'- <br /> <br />200709152 <br /> <br />committed on the Property, or (iv) any dangerous or defective condition on the Property (whether known <br />or unknown). <br /> <br />(c) No approval of any Lease by Lender shall be for any purpose other than to <br />protect Lender's security and to preserve Lender's rights under the Loan Documents, and no such approval <br />shall result in a waiver of a Default or Event of Default. <br /> <br />Article V <br />Negative Covenants. <br /> <br />Section 5.1 <br /> <br />Encumbrances. <br /> <br />Grantor will not permit any of the Property to become subject to any Encumbranee other than the <br />Permitted Encumbrances. Within thirty (30) days after the filing of any meehanic's lien or other Lien or <br />Encumbrance against the Property, Grantor will promptly discharge the same by payment or filing a bond <br />or otherwise as permitted by Law. So long as Lender's security has been protectcd by the filing of a bond <br />or otherwise in a manner satisfactory to Lender in its sole and absolute discretion, Grantor shall have the <br />right to contest in good faith any Claim, Lien or Encumbrance, provided that Grantor does so diligcntly <br />and without prejudice to Lender or delay in complcting construction of the Improvements. Grantor shall <br />give Lender Notice of any default under any Lien and Notice of any foreclosure or threat of foreclosure <br />with respect to any of the Property. <br /> <br />Section 5.2 Transfer of the Property. <br /> <br />Grantor will not Transfer, or contract to Transfer, all or any part of the Property or any legal or <br />beneficial interest therein (except for certain Transfers of the Accessories expressly permitted in this Deed <br />of Trust). <br /> <br />Section 5.3 <br /> <br />Removal. Demolition or Alteration of Accessories and Improvements. <br /> <br />Except to the extent permitted by the following sentence, no Improvements or Accessories shall <br />be removed, demolished or materially altered without the prior written consent of Lender. Grantor may <br />remove and dispose of, free from the Lien of this Deed of Trust, sueh Accessories as from time to time <br />become worn out or obsolete, provided that, either (a) at the time of, or prior to, such removal, any such <br />Accessories are replaced with other Accessories which are free from Liens other than Permitted <br />Encumbrances and have a value at least equal to that of the replaced Accessories (and by such removal <br />and replacement Grantor shall be deemed to have subjected such Accessories to the Lien of this Deed of <br />Trust), or (b) so long as a prepayment may be made without the imposition of any premium pursuant to <br />the Loan Agreement, such Accessories are sold at fair market value for cash and the net eash proceeds <br />received from such disposition are paid over promptly to Lender to be applied to the prepayment of the <br />principal of the Loans. <br /> <br />Section 5.4 <br /> <br />Additional Improvements. <br /> <br />Grantor will not construct any Improvements other than those presently on the Land and those <br />described in the Loan Agreement without the prior written consent of Lender. Grantor wiJ) complete and <br />pay for, within a reasonable time, any Improvements which Grantor is permitted to construct on the Land. <br />Grantor will construct and erect any permitted Improvements (a) strictly in accordancc with all applicable <br />Laws and any private restrictive covenants, (b) entirely on lots or parcels of the Land, (c) so as not to <br />encroach upon any easement or right of way or upon the land of others, and (d) wholly within any <br />building restriction and setback lines applicable to the Land. <br /> <br />Section 5.5 Restrictive Covenants, Zoning, etc. <br /> <br />Without the prior written consent of Lender, Grantor will not initiate, join in, or consent to any <br />change in, any restrictive covenant, easement, zoning ordinance, or other public or private restrictions <br />limiting or defining the uses which may be made of the Property. Grantor (a) will promptly perform and <br /> <br />Error! Unknown document property name. <br /> <br />12 <br />