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200804831
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Last modified
12/2/2008 10:07:15 AM
Creation date
6/4/2008 4:07:33 PM
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DEEDS
Inst Number
200804831
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<br />200804831 <br /> <br />provisions hereof with respect to any subsequent Disposition. The rights and options herein <br />granted to Bank may be exercised at Bank's sole option and discretion, need not be based upon <br />an increased business risk or any other risk, and are an integral and valuable part of the security <br />given to Bame <br /> <br />5.4 Further Encumbrance of Property. Except for the Permitted Exceptions, <br />Borrower will not create, place or permit to be created or placed or allow to remain against the <br />Property any lien, mortgage or deed of trust, regardless of whether the same is expressly <br />subordinate to the liens and security interests imposed hereby or by any other instruments <br />securing the Secured Obligations and Borrower shall not encumber the Property without the <br />prior written consent of Bank. <br /> <br />5.5 Transfer or Removal of Chattels. Borrower will not sell, transfer or remove from <br />the Property all or any material part of the Chattels, unless the items sold, transferred, or <br />removed are simultaneously replaced with similar items of equal or greater value. <br /> <br />5.6 Further Encumbrance of Collateral. Except for leases of the Real property <br />entered into by Borrower in the ordinary course of Borrower's business, Borrower will not create <br />or permit any junior lien, security interest or other encumbrance against the Collateral without <br />the prior written consent of Bank. <br /> <br />5.7 Change In Name. Location Of Collateral. Etc. Without giving at least thirty (30) <br />days' prior written notice to Bank, Borrower shall not: (a) except as permitted in the <br />Reimbursement Agreement, change its name, identity structure, (other than in connection with <br />the admission at any time of a qualified housing authority as a member of Borrower to hold up to <br />a I % membership interest in Borrower) or jurisdiction of organization; (b) change the location of <br />its place of business (or chief executive office if more than one place of business); (c) adopt or <br />begin doing business under any other name or assumed or trade name; or (d) except as permitted <br />under section 5.5 hereof, change any location at which any of the Collateral is stored, held or <br />located. In the event that Bank shall consent to any of the foregoing, Borrower shall execute, <br />deliver or otherwise provide any appropriate modifications or supplements to this Deed of Trust, <br />any financing statement filed in connection herewith, and any other Loan Document, as Bank <br />may reasonably require. <br /> <br />5.8 Improper Use of Pro pert V or Collateral. Borrower will not use the Property or the <br />Collateral for any purpose or in any manner, or take any action with respect to the Property <br />which violates any applicable law, ordinance, or other governmental requirement, the <br />requirements or conditions of any insurance policy, or any private covenant. <br /> <br />5.9 Independence of Security. Borrower shall not by act or omission permit any <br />building or other improvement on any premises not subject to the lien of this Deed of Trust to <br />rely on the Property or any part thereof or any interest therein to fulfill any municipal or <br />governmental requirement, and Borrower hereby assigns to Bank any and all rights to give <br />consent for all or any portion of the Property to rely on any premises not subject to the lien of <br />this Deed of Trust or any interest therein to fulfill any municipal or governmental requirement. <br />Borrower shall not by act or omission impair the integrity of the Property as a single zoning lot, <br />and as one or more complete tax parcels, separate and apart from all other premises. Any act or <br /> <br />I 03209-6Q6 I 7-957802v5 <br /> <br />13 <br /> <br />US Bank / Riverbend Apartments Phase I <br />Deed of Trust <br />
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