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<br />any variance under existing zoning ordinances applicabl�'�v the Mortgaged Property or use or permit the use of the
<br />Mortgaged Property in such a manner which would result in such use becoming a nonconforming use under
<br />applicable zoning ordinances or any other Legal Requirement. Except to the extent permitted by the Loan
<br />Documents and except for Permitted Encumbrances, Trustor will not impose any easement, restrictive covenant or
<br />encumbrance upon the Mortgaged Properiy, execute or file any subdivision plat or condominium declaration
<br />affectnng the Mortgaged F�roperty or consent to the annexation oF the Mortgaged Property to any municipality,
<br />without the prior written consent of Beneficiary. Trustor will not do or suffer to be done any act whereby the value
<br />of any part of the Mortgaged Property may be lessened in any material respect. Trustor will preserve, protect, renew,
<br />extend and retain all material rights and privileges granted for or applicable to the Mortgaged Property. T'here shall
<br />be no extraction, removal or production of any sand and gravel from the surface or subsurface of the L'and regardless
<br />of the depth thereof or the method of mining or extraction thereof without the prior written consent of Beneficiary.
<br />Trustor will cause a11 debts and liabilities of any character (including without limitation all debts and liabilities for
<br />labor, material and equipment and all debts and charges far utilities servicing the Mortgaged Property) incurred in
<br />the construction, maintenance, operation and developmen� of the Mortgaged Properly to be promptly p�id.
<br />(k) Status of Trustor; Suits and Claims; Loan Documents. If Trustor is a corporation, partnership,
<br />or other legal entity, Trustor is and will continue to be (i) duly organized, validly existing and in good standing
<br />under the laws of its state of organization, (ii) authorized to do business in, and in good standing in, each state in
<br />which the Mortgaged Araperty is located, $nd (iii) possessed of all requisite power and authority to carry on its
<br />business and to own and o�erate the Mortgaged Property. Each Loan Document executed by Tzustor has been duly
<br />authorized, executed an�i delivered by Trustor, and the obligations thereunder and the performance thereof by
<br />Trustor in accordance witla thair terms are and will continue to be within Trustor's power and authority (without the
<br />necessity of joinder or cansent of any other person), are not and will not be in contravention of any Legal
<br />Requirement to which Trustor or the Mortgaged Property is sub,�ect, and do not and will not result in the creation of
<br />any encumbrance agains4 any assets or properties of Trustar, or any other person liable, directly or indirectly, for any
<br />on the Obligations, except Permitted Encumbrances or as otherwise expressly contemplated by the Loan
<br />Documents. 'There is no suit, action claim, investigation, inquiry, proceeding or demand pending (or, to Trustor's
<br />knowledge, threatened} which affects the Mortgaged Property (including, without limitation, any which challenges
<br />or othervvise pertains to Trustor's title to the Mortgaged Properly) or the validity, enforceability or priority of any of
<br />the Loan I�ocuments. 'There is no judicial or administrative action, suit or proceeding pending (or, to Trustor's
<br />knowledge, threatened) against Trustor, or against any other person liable directly or indirectly for the Obligations,
<br />except as disclosed in writing to Beneficiary. The Loan Ducuments constitute legal, valid and binding obligations of
<br />Trustor (and of each g�arantor, if any) enforceable in accordance with their terms, except as the enforceability
<br />thereof ma}� be timited by Debtor Relief Laws (hereinafter defined) and except as the availability of certain remedies
<br />may be limited hy general principles of equity. Trustor will not cause or permit any change to be made in its name,
<br />identity, state of organiza�ion, taxpayer identiftcation number or corporate or partnership structure, unless Trustor
<br />shall have notified Beneficiary of such change prior to the effective date of such change, and shall have first taken
<br />all action required by Beneficiary for the purpose of further perfecting or protecting the lien and security interest of
<br />Beneficiary in the Mortgaged Properiy. Trustor's principal place of business and chief executive office, and the
<br />place where Trustor keeps its books and records concerning the Mortgaged Property has been and will continue to
<br />be (unless Trustor notifies Beneficiary of any change in writing prior to the date of such change) the address of
<br />Trustor set forth in Section 6.26 below.
<br />(1) Environmenta! Matters. Trustor will defend, indemnify and hold Beneficiary and its directors,
<br />officers, agents and employees harmless from and against all claims, demands, causes of action, liabilities, losses,
<br />costs and expenses (including, without limitations, costs of suit, reasonable attorneys' fees and f�es of expert
<br />wifiesses) arising from or in connection with (i) the pres�nce in, on or under or the removal from the Mortgaged
<br />Property of any hazardous substances or solid wastes (as hereafter defined), or any releases or discharges of any
<br />hazardous substancas or solid wastes on, under or from such propert,y, (ii) a.ny activity carried on or undertaken on
<br />or off the Mortgaged Properfy, whether prior to or during .xhe term of this Deed of Trust, and wheYher by Trustor or
<br />any predecessor in title or any officers, employees, agents, contractors or subcontractors of Trustor or any
<br />predecessor in title, or any third persons at any time occupying or present on the Mortgaged �roperiy, in connection
<br />with the handling, use, generation, manufacture, treatment, removal, storage, decontamination, clean-up, transport or
<br />disposal of any hazardous substances or solid wastes at any time located or present on or under the Mortgaged
<br />Properiy, or (iii) any breach of any environmenta] representation, warranty or covenant under the terms of this Deed
<br />of Trust. The faregoing inci�mnity and hold harmless shall not apply to any such event (i) occurring after foreclosure
<br />by Beneficiary or a deed in lieu of foreclosure in favor of Baneficiary and �(ii) caused by Beneficiary or any owner
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