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20�i�553�
<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 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 Credit
<br />Documents and except for Pernutted 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 />affecting the Mortgaged Prnperty 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. There sha11
<br />be no exira.ction, 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 all debts and chazges for utilities servicing the Mortgaged Property) incurred in
<br />the construction, maintenance, operation and development of the Mortgaged Properiy to be promptly paid.
<br />(k) Status of Trustor; Suits and Claims; Credit Documents. If Trustor is a corporation,
<br />partnership, or other legal enrity, Trustor is and will continue to be (i) duly organized, validly existing and in good
<br />standing under the laws of its state of organization, (ii) authorized to do business in, and in good standing in, each
<br />state in which the Mortgaged Property is located, and (iii) possessed of all requisite power and authority to carry on
<br />its business and to own and operate the Mortgaged Properiy. Each Credit Document executed by Trustor has been
<br />duly authorized, executed and delivered by Trustor, and the obligations thereunder and the performance thereof by
<br />Trustor in accordance with their terms a.re and will continue to be within Trustor's power and authority (without the
<br />necessity of joinder or consent 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 subject, and do not and will not result in the creation of
<br />any encumbrance against any assets or properties of Trustor, or any other person liable, directly or indirectly, for any
<br />on the Obligations, except Permitted Encumbrances or as otherwise expressly contemplated by the Credit
<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 otherwise pertains to Trustor's title to the Mortgaged Properly) or the validity, enforceability or priority of any of
<br />the Credit Documents. 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 Credit Documents constitute legal, valid and binding obligarions
<br />of Trustor (and of each guarantor, if any) enforceable in accordance with their terms, except as the enforceability
<br />thereof may be limited by Debtor Relief Laws (hereinafter defined) and except as the availability of certain remedies
<br />may be limited by general principles of equity. Trustor will not cause or permit any change to be made in its name,
<br />identity, state of organization, taxpayer identification number or corporate or partnership structure, unless Trustor
<br />sha11 have notified Beneficiary of such change prior to the effective date of such change, and sha11 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 Property. Trustor's principal place of business and chief executive office, and the
<br />place where Trustor keeps its books and records concerning the Mortgaged Properiy 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) Environmental Matters. Trustor will defend, indemnify and hold Beneficiary and its directors,
<br />officers, agents and employees harmless from and against a11 claims, demands, causes of action, liabilities, losses,
<br />costs and expenses (including, without limitations, costs of suit, reasonable attorneys' fees and fees of expert
<br />witnesses) arising from or in connection with (i) the presence 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 dischazges of any
<br />hazardous substances or solid wastes on, under or from such properiy, (ii) any activity carried on or undertaken on
<br />or off the Mortgaged Properiy, whether prior to or during the term of this Deed of Trust, and whether by Trustor or
<br />any predecessor in title or any officers, employees, agents, contractors or subcontra.ctors of Trustor or any
<br />predecessor in title, or any third persons at any time occupying or present on the Mortgaged Property, in connection
<br />with the handling, use, generation, manufacture, treatment, removal, storage, decontaminarion, 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 />DOCS/1045502.1
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