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200804831 Borrower, or changing in any way the laws relating to the taxation of mortgages or debts secured by mortgages or the Bank's interest in the Property, or the manner of collection of taxes, so as to affect this Deed of Trust or the Secured Obligations, then Borrower, upon demand by Bank, shall pay such taxes or assessments, or reimburse Bank therefor. 4.19 Commercial Pumoses. The Loan and the other Secured Obligations were obtained by Borrower upon its representation that it will use the Property only for business purposes. Borrower agrees that throughout the term of the Loan, the Property will continue to be used for commercial or business purposes other than agricultural, timber, or grazing purposes, and not for Borrower's personal, family or household purposes. ARTICLE 5. BORROWER'S NEGATIVE COVENANTS 5.1 Waste. Borrower will not commit or permit any waste with respect to the Property or the Collateral. 5.2 Zoning and Private Covenants. Except as specifically provided in the Reimbursement Agreement, if at all, Borrower will not initiate, join in, or consent to any change in any zoning ordinance or classification, any change in the "zone lot" or "zone lots" (or similar zoning unit or units) presently comprising the Property, any change in any private restrictive covenant, or any change in any other public or private restriction limiting or defining the uses which may be made of the Property or any part thereof, without the express written consent of Bank. If under applicable zoning provisions the use of all or any part of the Property is or becomes a nonconforming use, Borrower will not cause such use to be discontinued or abandoned without the express written consent of Bank, which consent shall not be unreasonably withheld. 5.3 Disposition of Mortgaged Property. Leases or Beneficial Interest in Borrower. Except a otherwise provided in this Deed of Trust or any of the other Loan Documents, it is expressly acknowledged, covenanted and agreed that there may be no sale, lease (except for residential leases of space in the improvements on the Property made by Borrower in the ordinary course of Borrower's business), exchange, assignment, conveyance, encumbrance, mortgage, alienation, transfer or other disposition (herein collectively called a "Disposition") of (a) all or any portion of the Property or any lease thereof (or any interest therein) which gives the lessee any option to purchase the Property or any part thereof, or (b) except as otherwise provided in the Bond Documents, all or any part of the legal or beneficial ownership interest or management control in Borrower, unless Bank has provided its prior written consent thereto. In the event there occurs a Disposition without Bank's written consent, then Bank may, at Bank's option, accelerate the maturity of the Note and enforce any and all of Bank's rights, remedies and resources set forth in this Deed of Trust upon the occurrence of an Event of Default. It is acknowledged and agreed that the Bank may arbitrarily withhold, at its sole option, its consent to any Disposition as described above. Bank's failure to respond or consent to a request for Disposition within thirty (30) days after such request is delivered to Bank shall be deemed a denial of the request.. Bank's failure to exercise its remedies hereunder for a disapproved Disposition shall not be construed as a waiver of Bank's right to subsequently exercise such remedies, and Bank's approval of a Disposition shall not be construed as a waiver of the I 03209~60617 -957802v5 12 US Bank I Riverbend Apartments Phase I Deed of Trust