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<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, regularion, license, permit,
<br />authorization, decision, order, injunction or decree, domestic or foreign.
<br />(h) Maintenance; Repair and Restoration. Trustor will keep the Mortgaged Property 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 deteriora,te. Trustor will not, without the prior written consent of Beneficiary, (i) remove from the
<br />Mortgaged Property any fixtures or personal properiy covered by this Deed of Trust except such as is replaced by
<br />Trustor by an article of equal 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 (ii) make any structural alteration to the Mortgaged Property or any
<br />other alteration thereto which impairs the value thereof. Trustor may remove items from the Mortgaged Property
<br />without the consent of Beneficiary which aze wom out, undesirable, obsolete, disused or unnecessary for use in the
<br />operation of the Mortgaged Property and which are not of material value relative to the value of the Mortgaged
<br />Properiy. If any act or occurrence of any kind or nature (including any condemnation or any casualty for which
<br />insurance was not obtained or obtainable) shall result in damage to or loss or destruction of the Mortgaged Property,
<br />Trustor shall give prompt notice thereof to Beneficiary and Trustor shall promptly, at Trustor's sole cost and expense
<br />and regardless of whether insurance or condemnation proceeds (if any) shall be available or sufficient for the
<br />purpose, commence and continue diligently to completion to restore, repair, replace and rebuild the Mortgaged
<br />Properiy as nearly as possible to its value, condirion and character immediately prior to the damage, loss or
<br />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 document, against or covering the Mortgaged Properiy, 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 secwity 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 cause the same to be pmmptly discharged and released. Trustor will own all parts of the
<br />Mortgaged Property and, except as permitted by the Loan Agreement, will not acquire any fixtures, equipment or
<br />other property forming a part of the Mortgaged Property 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 the prior written
<br />consent of Beneficiary.
<br />(j) Operation of Mortgaged Property. Trustor will operate the Mortgaged Property 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 Properiy occupied so as not to impair the insurance catried thereon. Trustor will not use or occupy or
<br />conduct any activity on, or allow the use or occupancy of or the conduct of any activity on, the Mortgaged Properiy
<br />in any 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 any zoning reclassification of the Mortgaged Property or seek
<br />any variance under existing zoning ordinances applicable to the Mortgaged Properiy 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 Lega1 Requirement. Except to the extent permitted by the Credit
<br />Documents and except for Permitted Encumbrances, Trustor will not impose any easement, restrictive covenant or
<br />encumbrance upon the Mortgaged Property, execute or file any subdivision plat or condominium declaration
<br />affecting the Mortgaged Property 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 graz►ted for or applicable to the Mortgaged Properiy. There sha11
<br />be no extraction, removal or production of any sand and gravel from the surface or subsurface of the Land 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 all debts and liabilities of any character (including without limitation all debts and liabilities for
<br />labor, material and equipment and a11 debts and charges for utilities servicing the Mortgaged Property) incurred in
<br />the construction, maintenance, operation and development of the Mortgaged Property to be promptly paid.
<br />DOCS/1045495.1 (
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