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(d) the presence of Hazardous Materials on the Property or other violation <br />of the Borrower's obligations under Article VII of the Loan Agreement or Section <br />7.1 1 of the Deed of Trust (pertaining to environmental matters), except as limited <br />by the provisions of such agreements; <br />(e) the occurrence of any act or omission of Borrower that results in waste <br />to or of the Project or the Property and which has a material adverse effect on the <br />value of the Project or the Property; <br />(f) the material misapplication of the Loan proceeds; <br />(g) the removal or disposal of any personal property or fixtures or the <br />retention of rents, insurance proceeds, or condemnation awards in violation of the <br />Deed of Trust; <br />(h) the material misapplication of the proceeds of any insurance policy or <br />award resulting from condemnation or the exercise of the power of eminent <br />domain or by reason of damage, Toss or destruction to any portion of the Project <br />or the Property; and <br />(i) the failure of Borrower to pay all amounts payable under this Note in <br />full if Borrower Transfers the Property in violation of the Loan Agreement or the <br />Regulatory Agreement. <br />OAK #4810-7923-7210 v2 <br />SIGNATURE ON FOLLOWING PAGE <br />10 <br />