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201005956
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8/23/2010 4:01:30 PM
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8/23/2010 4:01:29 PM
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DEEDS
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201005956
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2OiOO5956 <br />to collect the Rents. Any Rents collected after the revocation of the license may be applied <br />toward payment of the Debt in such priority and proportions as Lender in its sole discretion shall <br />deem proper. <br />(b) Borrower (i) shall observe and perform all the obligations <br />imposed upon the lessor under the Leases and shall not do or permit to be done anything to <br />impair the value of the Leases as security for the Debt; (ii) shall promptly send copies to <br />Lender of all notices of default which Borrower shall receive thereunder; (iii) shall not collect <br />any of the Rents more than one (1) month in advance; and (iv) shall not execute any other <br />assignment of the lessor's interest in the Leases or the Rents. Borrower shall promptly send <br />copies to Lender of all notices of default which Borrower shall send under any Lease in excess of <br />5,000 square feet; and, (A) shall enforce all of the terms, covenants and conditions contained in <br />the Lease upon the part of the lessee thereunder to be observed or performed, short of <br />termination thereof; and (B) shall not convey or transfer or suffer or permit a conveyance or <br />transfer of the Property or of any interest therein so as to effect a merger of the estates and rights, <br />or a termination ar diminution of the obligations of, tenants under the Leases. <br />(c) Borrower, as the lessor thereunder, may enter into proposed lease <br />renewals and new leases without the prior written consent of Lender, provided each such <br />proposed lease: (i) provides for rental rates comparable to then-existing local market rates and <br />shall be an arm's-length transaction; (ii) does not contain any options for renewal or expansion <br />by the tenant thereunder at rental rates which are either below comparable market levels or less <br />than the rental rates paid by the tenant during the initial lease term; and (ii) complies with the <br />provisions of subsection (b) above. Borrower expressly understands that any and all proposed <br />leases are included in the definition of "Lease" or "Leases" as such terms may be used <br />throughout this Security Instrument, the Loan Agreement, the Note and the Other Security <br />Documents. <br />Section 3.7. PERFORMANCE OF OTHER AGREEMENTS. Borrower shall <br />observe and perform each and every covenant to be observed or performed by Borrower pursuant <br />to the terms of any agreement or recorded instrument affecting or pertaining to the Property, or <br />given by Borrower to Lender for the purpose of further securing an obligation secured hereby <br />and any amendments, modifications or changes thereto. <br />ARTICLE 4- SPECIAL COVENANTS <br />Borrower covenants and agrees that: <br />Section 4.1. PROPERTY USE. The Property shall be used only in accordance <br />with applicable federal, state and local laws. <br />Section 4.2. INTENTIONALLY DELETED. <br />Section 4.3. RESTORATION AFTER CASUALTY/CONDEMNATION. In the <br />event of a casualty or a taking by eminent domain, the following provisions shall apply in <br />connection with the Restoration of the Property: <br />7088330v3 7 <br />
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