200808234 - Laserfiche WebLink

Browse

SEP/26/200B/FRI 03: 10 PM HARDING & SCHULTZ FAX No, 402 434 3030 p, 004 200808234 cause to be made, a.Il repairs, repla.cements, alterations, additions and improvements of and to the Promises necessary or appropriate to keep the Premises in good oI-der, repair and condition; (v) shall not initiate or affinnatively support any change in the appHcable zoning adversely affecting the Premises, seek any variance (or any change in any variance), under the zoning adversely affecting the Premises; and (vi) shall, promptly after :receiving nati ce or obtaining lCllowledge of any proposed or threatened change in the zoning affecting the Premises which would result in the current use of the Premises being a nonwconforming use, notify Beneficiary thereof and diligently contest the same at Trustor's expense by any action Or proceeding deemed appropriate by Trustor or requested by Beneficiary. SECTION 2.09. Permitted Contests. After prior notice to Beneficiary, Trustor may contest at Trustor's expense, by appropriate legal or other proceedings conducted in good faith and with due diligence, the amount, validity or application, in whole or in part, of any Imposition or lien therefor, any Legal Requirement, or any lien of any laborer, mechanic, materialman, supplier or vendor, provided that (a) the Mortgaged :Property, or any part thereof or estate or interest therein, shall not be in any danger of being sold, forfeited or lost by reason ofsllch proceedings; (b) in the case of (i) liens oflaborers, mechanics, materialmen, suppliers or vendors or (ii) the Imposition&~ or liens therefor, such proceedings shall suspend the foreclosure of any such lien or any other conection tbereof from the Mortgaged Property; ( c) in the case of a Legal Requirement, Beneficiary shall not be in any danger of any criminal liability or, unless Trustor shall have furnished a band or other security therefor reasbnably satisfactory to Beneficiary, any additional civil liability for failure to comply therewith, and the Mortgaged Property, or any part thereof or estate or interest therein, shall not be subject to the imposition of any liem as a result of such failure which is not properly contested pursuant to this Section 2.09; and Cd) if reasonably required by Beneficiary, Trustor shall have furnished to Beneficiary a bond or other security reasonably sa.tisfactory to Beneficiary. SECTION 2-10. Insoection. Beneficiary and its authorized agents an~ employees and any person designated by Beneficiary shall have the right to enter on and into the Premises at all reasonabl e tir.p.es and, except in the event of an emergency, after reasonable notice for the purpose of inspecting the same, provided such inspection shall not unreasonably disturb business activities at tbe Premises. SECTION 2.11. Compliance with J.nstruJD.en~. Trustor shall promptly perform and observe, or cause to be performed and observed, all of the teInls, covenants and conditions of all other instruments affecting the Premises if the failure to so perform or observe would have a Material Adverse Effect and shall do or cause to be done alI things necessary to preserve intact and unimpaired any and all easements, appurtenances and other interests and rights in favor of or constituting any portion ofthe Mortgaged Property if the failure so to do would have a Material Adverse Effect. SECTION 2.12. lmorQvements. To the best of Trustor's knowledge and ex.cept as noted on the survey of the Premises provided to Beneficiary, all improvements on the Land He wholly within the boundary and building restriction lines ofthe Land and no improvements on adjoining properties encroach upon the Land in any respect so as to have a Material Adverse Effect on tho use, operation 01' value of tbe Premises. -]0-