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<br />200806031 <br /> <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. <br /> <br />6. Protection of Beneficiary's Securitv. <br /> <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. <br /> <br />7. Grantor and Lien Not Released. <br /> <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. <br /> <br />8. Forbearance Not Waiver. <br /> <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. <br /> <br />5 <br /> <br />~6{/. <br />