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<br />shall be an Obligation owing by Trustor (which Trustor 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 all activities thereon comply in all material respects with all applicable Lega1 Requirements
<br />(defined below). T'he Mortgaged Property 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 />Property constitutes a nonconforming use under any zoning law or similaz law or ordinance. Trustor has obtained
<br />and shall preserve in force all requisite wning, utility, building, health and operating permits from the governmental
<br />authorities ha�ing jurisdiction over the Mortgaged Properiy, 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 Obligations. If Trustor
<br />receives a notice or claim from any person that the Mortgaged Property, or any use, activity, operation or
<br />maintenance thereof or thereon, is not in compliance with any Lega1 Requirement, Trustor will promptly fizmish a
<br />copy of such notice or claim to Beneficiary. Trustor has received no norice and has no knowledge of any such
<br />noncompliance. As used in this Deed of Trust: (i) the term "Legal Requirement" means any Law (defined below),
<br />agreement, covenant, restriction, easement, or condition (including, without limitation of the foregoing, any
<br />condirion 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 />authorizarion, 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 a11ow 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 fixtures or personal property 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 />Property. 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 regazdless of whether inswance 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 />Property as nearly as possible to its value, condition and character nnmediately 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 a11ow to remain,
<br />any mortgage, voluntary or involuntary lien, whether statutory or contractual, secutity interest, encumbrance or
<br />chazge, or conditional sale or other title retention document, against or covering the Mortgaged Property, or any part
<br />thereof, other than the Permitted Encumbrances, regazdless of whether the same aze 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 cause the same to be promptly 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 Properiy pursuant to a lease, license, security agreement or similaz
<br />agreement, where by any pariy 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 Properiy in a good and
<br />workmanlike manner and will pay a11 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 or the conduct of any activity on, the Mortgaged Property
<br />DOCS/1045503.1
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