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<br />Unless required by applicable Law or unless Beneficiary has otherwise consented thereto in
<br />writing, (i) Grantor shall not allow changes in the nature of the occupancy or use for which the Property
<br />was intended at the time this Deed of Trust was executed, and (ii) Grantor shall not initiate a change in
<br />the zoning classification of the Property or further subject the Property to additional restrictive or negative
<br />covenants, in each case, to the extent that any such changes would reasonably be expected to result in a
<br />Material Adverse Effect. Grantor shall comply with, observe and perform all zoning and other Laws
<br />affecting the Property, all restrictive covenants affecting the Property, and all licenses and pennits
<br />affecting the Property, in each case to the extent required by Section 6.08 of the Credit Agreement.
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<br />6. Protection of Beneficiary's Securitv.
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<br />If Grantor fails to perform the covenants and agreements contained in this Deed of Trust, or if any
<br />action or proceeding is commenced which affects the Mortgaged Property or title thereto or the interest of
<br />Beneficiary therein by an amount greater than $50,000, including, but not limited to, eminent domain, or
<br />code enforcement, then Beneficiary, at Beneficiary's option and upon written notice to Grantor, may
<br />make such appearances, disburse such sums and take such action as such Beneficiary deems necessary to
<br />protect Beneficiary's interest herein, including, but not limited to, disbursement of reasonable and
<br />documented attorneys' fees, payment, contest or compromise of any Lien which is prior to the Lien of
<br />this Deed of Trust, and entry upon the Property to make necessary repairs. Any amounts disbursed by
<br />Beneficiary pursuant to this Paragraoh 6 shall become a portion of the Secured Obligations. Such
<br />amounts shall be payable by Grantor upon written demand (accompanied by reasonable back-up
<br />documentation) from Beneficiary. Nothing contained in this Paragraph 6 shall require Beneficiary to
<br />incur any expense or do any act.
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<br />7. Grantor and Lien Not Released.
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<br />From time to time, without affecting the obligation of Grantor or Grantor's successors or assigns
<br />to pay the Secured Obligations and to observe the covenants of Grantor contained in this Deed of Trust
<br />and the other Loan Documents, and without affecting the guaranty of any Person, for payment or
<br />performance of the Secured Obligations, and without affecting the Lien or priority of Lien of this Deed of
<br />Trust on the Mortgaged Property, Beneficiary may, at Beneficiary's option, without giving notice to or
<br />obtaining the consent of Grantor, Grantor's successors or assigns or of any other Person, and without
<br />liability on any Credit Party's part, but subject to the terms and conditions of the Credit Agreement, grant
<br />extensions or postponements of the time for payment of the Secured Obligations or any part thereof,
<br />release anyone liable on any of the Secured Obligations, accept a renewal note or notes therefor, release
<br />from this Deed of Trust any part of the Mortgaged Property, take or release other or additional security,
<br />reconvey any part of the Mortgaged Property, consent to any map or plat or subdivision of the Property,
<br />consent to the granting of any easement, join in any extension or subordination agreement and agree in
<br />writing with Grantor to modify the terms and conditions of any Loan Document. Grantor shall pay such
<br />title insurance premiums and attorneys' fees as may be incurred, at Beneficiary's option, for any such
<br />action if taken at Grantor's request.
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<br />8. Forbearance Not Waiver.
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<br />Any forbearance by Beneficiary or any other Credit Party in exercising any right or remedy
<br />hereunder, or otherwise afforded by applicable Law, shall not be a waiver of or preclude the exercise of
<br />any right or remedy hereunder. The procurement of insurance or the payment of taxes or other Liens by
<br />Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Secured
<br />Obligations. Beneficiary's receipt of any proceeds under Paragraph 3 hereof shall not operate to cure or
<br />waive Grantor's default in payment of the Secured Obligations.
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