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:� <br />�01104�i4 <br />shall be an Obligation owing by Trustor (whicH Tru�tor� hereby promises to pay on demand of Beneficiary) to <br />Beneficiary pursuant to this Deed of Trust. <br />(g) Compliance with Legal Requirements. The Mortgaged Property and the use, operation and <br />maintenance thereof and ail activities thereon comply in all material respects with all applicable Legal Requirements <br />(defined below). T'he Mortgaged Properly is not dependent on any other properiy or premises or any interest therein <br />other than the Mortgaged Property to fulfill any requirement of any Legal Requirement. No part of the Mortgaged <br />Properly constitutes a nonconforming use under any zoning law or similar law or ordinance. Trustor has obtained <br />and shal] preserve in force all requisite zoning, utility, building, health and operating permits from the governmental <br />authorities having jurisdiction over the Mortgaged Property, except where the failure to have such permit would not <br />have a material adverse effect on the Mortgaged Property or Trustor's ability to pay the Obligati�ns. If Trustor <br />receives a notice or claim from any person that the Mortgaged Properly, or any use, activity, operation or <br />maintenance there�f or thereon, is not in compliance witlr any Legal Requirement, Trustor will promptly furnish a <br />copy of such notice or claim to Beneficiary. Trustor has received no notice and has no knowledg� of any such <br />noncompliance. As used in this Deed of Trust: (i) the term "Le a�l Rgquirement" means any Law (defined below), <br />agreement, covenant, restriction, easement, or condition (including, without limitation of the foregoing, any <br />condition or requirement imposed by any federal, state, or local governmental body, or insurance or surety <br />company), as any of the same now exists or may be changed or amended or come into effect in the future; and (ii) <br />the term "Law" means any federal, state or local law, statute, ordinance, code, rule, regulation, license, permit, <br />authorization, decision, order, injunction or decree, domestic or foreign. <br />(h) Mainteen�nce; Repair and Restoration. Trustor will keep the Mortgaged Properiy in good order, <br />repair, operation condition and appearance, causing all necessary repairs, renewals, replacements, additions and <br />improvements to be promptly made, and will not allow any of the Mortgaged Property to be misused, abused or <br />wasted or to deteriorate. Trustor will not, without the prior written consent of Beneficiary, (i) remove from the <br />Mortgaged Property any fitrtures or personal properly covered by this Deed of Trust except such as is replaced by <br />Trustor by an article of eyual suitability and value, owned by Trustor, free and clear of any lien or security interest <br />(except that created by this Deed of Trust or in favor of Metropolitan Life Insurance Company), or (ii) make any <br />structural alteration to the Mortgaged Property or any nther alteration thereto which impairs the value thereof. <br />Trustor may remove items from the Mortgaged Property without the consent of Beneficiary which are worn out, <br />undesirable, obsolete, disused or unnecessary for use in the operation of the Mortgaged Properiy and which are not <br />of material value relative to the value of the Mortgaged Property. If any act or occurrence of any kind or nature <br />(including any condemnation or any casualty for which insurance was not obtained or obtainable) shall result in <br />damage to or loss or destruction of the Mortgaged Property, Trustor shall give prompt notice thereof to Beneficiary <br />and Trustor shall promptly, at Trustor's sole cost and expense and regardless of whether insurance or condemnation <br />proceeds (if any) shall be available or sufficient for the purpose, commence and continue diligently to completion to <br />restore, repair, replace and rebuild the Mortgaged Property as nearly as possible to its value, condition and character <br />immediately prior to the damage, loss or destruction. <br />(i) No Other Liens. Trustor will not, without the prior written consent of Beneficiary, create, place or <br />permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, <br />any mortgage, voluntary or involuntary lien, whether statutory or contractual, security interest, encumbrance or <br />charge, or conditional sale or other title retention docurnent, against or covering the Mortgaged Property, or any part <br />thereof, other than the Permitted Encumbrances, regardless of whether the same are expressly or otherwise <br />subordinate to the lien or security interest created in this Deed of Trust, and should any of the foregoing become <br />attached hereafter in any manner to any part of the Mortgaged Property without the prior written consent of the <br />Beneficiary, Trustor will ca�ise the same to be promptly discharged and released. Trustor will own all parts of the <br />Mortgaged Property and, except as permitted by the Credit Agreement, will not acquire any fixtures, equipment or <br />other properiy forming a part of the Mortgaged Properiy pursuant to a lease, license, security agreement or similar <br />agreement, where by any party has or may obtain the right to repossess or remove same, without thF prior written <br />consent of Beneficiary. <br />(j) Operation of Mortgaged Property. Trustor will operate the Mortgaged Properly in a good and <br />workmanlike manner and will pay all fees or charges of any kind in connection therewith. Trustor will keep the <br />Mortgaged Property occupied so as not to impair the insurance carried thereon. Trustor will not use or occupy or <br />conduct any activity on, or allow the use or occupancy of �r the conduct of any activity on, the Mortg�ged Properiy <br />in anv manner which makes void, voidable or cancelable, or increases the premium of, any insurance then in force <br />with respect thereto. Trustor will not initiate or permit an}� zoning reclassification of the Mortgaged Property or seek <br />