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<br />4860-6036-3710v2
<br />code violation, or violation of other governmental regulations concerning the Property that has
<br />not previously been corrected, and except as disclosed to Beneficiary in writing, no condition on
<br />the Land violates any health, safety, fire, environmental, building, or other federal, state or local
<br />law, ordinance or regulation; (ii) except as disclosed to Beneficiary in writing, no contracts,
<br />licenses, leases or commitments regarding the maintenance or use of the Property or allowing
<br />any third party rights to use the Property are in force; (iii) there are no threatened or pending
<br />actions, suits, or administrative proceedings against or affecting the Property or any portion
<br />thereof or the interest of Trustor in the Property; (iv) there are no threatened or pending
<br />condemnation, eminent domain, or similar proceedings affecting the Property or any portion
<br />thereof; (v) Trustor has not received any notice from any insurer of defects of the Property which
<br />have not been corrected; (vi) there are no natural or artificial conditions upon the Land or any
<br />part thereof that could result in a material and adverse change in the condition of the Land; (vii)
<br />all information that Trustor has delivered to Beneficiary, either directly or through Trustor's
<br />agents, is accurate and complete; and (viii) Trustor or Trustor’s agents have disclosed to
<br />Beneficiary all material facts concerning the Property.
<br />
<br /> 7.3 Authority. Trustor represents and warrants that this Deed of Trust and all other
<br />documents delivered or to be delivered by Trustor in connection herewith: (a) have been duly
<br />authorized, executed, and delivered by Trustor; (b) are binding obligations of Trustor; and (c) do
<br />not violate the provisions of any agreement to which Trustor is a party or which affects the
<br />Property. Trustor further represents and warrants that there are no pending, or to Trustor’s
<br />knowledge, threatened actions or proceedings before any court or administrative agency which
<br />may adversely affect Trustor’s ownership of, or interest in, the Property or part thereof.
<br />
<br /> 7.4 Payment and Performance of Secured Obligations. Trustor shall promptly pay
<br />when due the principal and all interest due on the indebtedness evidenced by the Note, and shall
<br />promptly pay and perform all other obligations of Trustor arising in connection with the Secured
<br />Obligations, the City Documents, in accordance with the respective terms thereof.
<br /> 7.5 Preservation and Maintenance of Property; Compliance with Laws. Trustor
<br />covenants that it shall keep the Land and Improvements in good repair and condition, reasonable
<br />wear and tear excepted, and from time to time shall make necessary repairs, renewals and
<br />replacements thereto so that the Property shall be preserved and maintained. Trustor covenants
<br />that it shall comply with all federal, state and local laws, regulations, ordinances and rules
<br />applicable to the Property and the Project, including without limitation all applicable
<br />requirements of state and local building codes and regulations, all applicable prevailing wage
<br />laws, and all applicable statutes and regulations relating to accessibility for the disabled. Trustor
<br />shall not remove, demolish or materially alter any Improvement without Beneficiary’s consent,
<br />shall complete or restore promptly and in good and workmanlike manner any building, fixture or
<br />other improvement which may be constructed, damaged, or destroyed thereon, and shall pay
<br />when due all claims for labor performed and materials furnished therefor, subject to Trustor’s
<br />rights under Section 7.8 below. Trustor shall use the Land and the Improvements solely for
<br />purposes authorized by the City Documents, shall not commit or allow waste of the Property,
<br />and shall not commit or allow any act upon or use of the Property which would violate any
<br />applicable law or order of any governmental authority, nor shall Trustor bring on or keep any
<br />article on the Property or cause or allow any condition to exist thereon which could invalidate or
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