Common use of Maintenance, Repair, Alterations Clause in Contracts

Maintenance, Repair, Alterations. Trustor shall keep the Premises and Improvements in good condition and repair; Trustor shall not remove, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which may be damaged or destroyed from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation or of any matter of record affecting the Trust Estate.

Maintenance, Repair, Alterations. Trustor shall keep keep, maintain, preserve and protect the Premises and Improvements Trust Estate in good condition repair, working order, and repair; condition, ordinary wear and tear excepted. Trustor shall not remove, demolish or substantially alter any material portion of the Improvements shall: (other than in the ordinary course of constructing tenant improvementsa) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which (i) related to the mining business of Trustor that may now be now constructed, or (ii) hereafter constructed on the Premises Real Property; and promptly (b) restore in like manner any portion Improvements related to the mining business of the Improvements which Trustor that may be damaged or destroyed from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; , in either case excepting any Improvements that the Trustor shall does not initiate or acquiesce in any change reasonably consider to be material to the mining business of zoning or other land classification without Beneficiary’s prior written consent; the Trustor. Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions Requirements (as defined below) and restrictions now shall not suffer to occur or hereafter affecting the Trust Estate or exist any part thereof or requiring violation in any alterations or improvements; material respect of any Requirement. Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and, to the extent required by law and the PPF Agreement, shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas parking, etc. in good and neat order and repair; and . Trustor shall not commitperform in all material respects its obligations under the Ground Lease, suffer each Sublease, the CC&Rs, and the other Facility Documents. “Requirement” and “Requirements” mean, respectively, each and all obligations and requirements now or permit any act to be done hereafter in effect by which Trustor or upon the Trust Estate are bound or which are otherwise applicable to the Trust Estate, any work or activity necessary to preserve and maintain the Trust Estate, preserve or maintain mining or other rights in violation the Trust Estate, any construction of any Improvements on the Trust Estate, or operation, occupancy or use of the Trust Estate (including, without limitation (i) such obligations and requirements imposed by common law or any law, ordinance statute, ordinance, regulation, or regulation rule (federal, state, or local), including, without limitation, any mining reports, filings, verifications of mining activity, etc. and (ii) such obligations and requirements of, in, or in respect of (A) any matter of record affecting consent, authorization, license, permit, or approval relating to the Trust Estate, (B) any condition, covenant, restriction, easement, or right-of-way reservation applicable to the Trust Estate, (C) any Lien (as defined in the PPF Agreement) or encumbrance, (D) any other agreement, document, or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected (including, without limitation, the CC&Rs and the Other Agreements), and (E) any order, writ, judgment, injunction, or award of any arbitrator, other private adjudicator, court, government, or governmental authority (federal, state, or local) to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected).

Maintenance, Repair, Alterations. Trustor shall keep maintain and preserve the Premises and Improvements Property in good condition and repair; Trustor shall not removeTrustor, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Beneficiary Improvements, other than to make repairs in the ordinary course of business of a non-structural nature which serve to preserve or as may be required by any law, ordinance, rule, regulation or order increase the value of any governmental authority or political subdivision having jurisdiction over the Trust EstateProperty; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and Land, shall promptly restore in like manner any portion of the Improvements Improvement which may be damaged or destroyed thereon from any cause whatsoever, and shall pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, orders, covenants, conditions conditions, restrictions and restrictions ―Permitted Encumbrances‖ (as hereinafter defined) now or hereafter affecting the Trust Estate Property, or any part thereof thereof, or requiring the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any alterations act to be done in, upon or improvementsto all or any part of the Property in violation of any such laws, ordinances, rules, regulations, orders, covenants, conditions or Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Trust EstateProperty, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not committake (nor fail to take) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to be done or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of all leases, if any, constituting a portion of the Property; Trustor shall not abandon the Property or any portion thereof or leave the Property unprotected, unguarded, vacant or deserted; Trustor shall not initiate, join in or upon consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the Trust Estate uses which may be made of the Property by Trustor or by the owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in violation full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Transaction Documents, or any lawof them, ordinance Trustor shall do any and all other acts which may be reasonably necessary to protect or regulation or preserve the value of any matter the Property and the rights of record affecting the Trust EstateTrustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Trustor shall Mortgagor shall: keep the Premises and Improvements Collateral in good condition and repair; Trustor shall not remove, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner manner, any Improvement which that may be now or hereafter constructed on the Premises Land, and promptly restore in like manner any portion of the Improvements which Improvement that may be damaged or destroyed from any cause whatsoeverdestroyed, and pay when due all claims for labor performed and materials furnished thereforfor such construction or restoration; Trustor shall not initiate comply with all Laws and Orders of any court or acquiesce in governmental or regulatory body having jurisdiction over Mortgagor, the Land or Improvements; comply with any change of zoning condominium or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all lawsplan, ordinances, regulations, declaration of covenants, conditions and restrictions now or hereafter restrictions, and reciprocal easement agreements to which the Land is subject ("CC&Rs"), any owners' association articles and bylaws affecting the Trust Estate or any part thereof or requiring any alterations or improvements; Trustor shall not commit or permit any waste or deterioration of the Trust EstateLand, and shall such exceptions to title as evidenced by a preliminary title report on the date of closing, acceptable to Mortgagee ("Permitted Liens"); keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and good, neat order and repair; comply with the provisions of any leases constituting part of the Collateral; obtain and Trustor maintain in full force and effect all permits necessary for the use, occupancy and operation of the Collateral; and do any and all other acts, except as otherwise prohibited or restricted by the Loan Documents, that may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Mortgagee in it. Mortgagor shall not, except upon the prior written consent of Mortgagee, which shall not commitbe unreasonably withheld or delayed: remove, suffer demolish or materially alter any of the Improvements, other than to make non-structural repairs in the ordinary course of business, that preserve or increase the value of the Land; commit or permit any act to be done waste or deterioration of the Collateral; abandon all or any part of the Collateral or leave the Collateral unprotected, unguarded, vacant or deserted; or initiate, join in or upon consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the Trust Estate in violation uses that may be made of any law, ordinance the Land or regulation or of any matter of record affecting the Trust EstateImprovements by Mortgagor.

Maintenance, Repair, Alterations. Trustor shall keep the Premises and Improvements Trust Estate in good condition and repair; . Trustor shall not remove, demolish demolish, or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) Improvements, except upon with the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Beneficiary. Trustor shall complete promptly and in a good and workmanlike manner any Improvement which that may be now or hereafter constructed on the Premises Property and promptly restore in like manner any portion of the Improvements which that may be damaged or destroyed from any cause whatsoever, whatsoever and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; . Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions Requirements (as defined below) and restrictions now shall not suffer to occur or hereafter affecting the Trust Estate or exist any part thereof or requiring violation of any alterations or improvements; Requirement. Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and and, to the extent allowed by law, shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and . Trustor shall not commitperform its obligations under each Lease. “Requirement” and “Requirements” mean, suffer respectively, each and all obligations and requirements now or permit any act to be done hereafter in effect by which Trustor or upon the Trust Estate in violation are bound or which are otherwise applicable to the Trust Estate, construction of any Improvements on the Trust Estate, or operation, occupancy or use of the Trust Estate (including, without limitation (a) such obligations and requirements imposed by common law or any law, ordinance statute, ordinance, regulation, or regulation rule (federal, state, or local), and (b) such obligations and requirements of, in, or in respect of (i) any matter of record affecting consent, authorization, license, permit, or approval relating to the Trust Estate, (ii) any condition, covenant, restriction, easement, or right-of-way reservation applicable to the Trust Estate, (iii) any Lien or Encumbrance, (iv) any other agreement, document, or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected, and (v) any order, writ, judgment, injunction, decree, determination, or award of any arbitrator, other private adjudicator, court, government, or governmental authority (federal, state, or local) to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected).

Maintenance, Repair, Alterations. Trustor shall keep the Premises and Improvements in good condition and repair; Trustor shall not remove, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which may be damaged or destroyed from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s 's prior written consent; Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation or of any matter of record affecting the Trust Estate.

Maintenance, Repair, Alterations. Trustor shall keep maintain and preserve the Premises and Improvements Property in good condition and repair; Trustor shall not removeTrustor, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Beneficiary Improvements, other than to make repairs in the ordinary course of business which serve to preserve or as may be required by any law, ordinance, rule, regulation or order increase the value of any governmental authority or political subdivision having jurisdiction over the Trust EstateProperty; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and Land, shall promptly restore in like manner any portion of the Improvements Improvement which may be damaged or destroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, orders, covenants, conditions conditions, restrictions and restrictions “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Trust Estate Property, or any part thereof thereof, or requiring the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any alterations act to be done in, upon or improvementsto all or any part of the Property in violation of any such laws, ordinances, rules, regulations, orders, covenants, conditions or Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Trust EstateProperty, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not committake (nor fail to take) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to be done or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of all leases, if any, constituting a portion of the Property; Trustor shall not abandon the Property or any portion thereof or leave the Property unprotected, unguarded, vacant or deserted; Trustor shall not initiate, join in or upon consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the Trust Estate uses which may be made of the Property by Trustor or by the owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in violation full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Project Documents, or any lawof them, ordinance Trustor shall do any and all other acts which may be reasonably necessary to protect or regulation or preserve the value of any matter the Property and the rights of record affecting the Trust EstateTrustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Trustor shall keep maintain and preserve the Premises and Improvements Property in good condition and repair; Trustor shall not removeTrustor, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Beneficiary Improvements, other than to make repairs in the ordinary course of business which serve to preserve or as may be required by any law, ordinance, rule, regulation or order increase the value of any governmental authority or political subdivision having jurisdiction over the Trust EstateProperty; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and Land, shall promptly restore in like manner any portion of the Improvements Improvement which may be damaged or destroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, orders, covenants, conditions conditions, restrictions and restrictions “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Trust Estate Property, or any part thereof thereof, or requiring the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any alterations act to be done in, upon or improvementsto all or any part of the Property in violation of any such laws, ordinances, rules, regulations, orders, covenants, conditions or Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Trust EstateProperty, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not committake (nor fail to take) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to be done or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of all leases, if any, constituting a portion of the Property; Trustor shall not abandon the Property or any portion thereof or leave the Property unprotected, unguarded, vacant or deserted; Trustor shall not initiate, join in or upon consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the Trust Estate uses which may be made of the Property by Trustor or by the owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in violation full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Authority Loan Documents, or any lawof them, ordinance Trustor shall do any and all other acts which may be reasonably necessary to protect or regulation or preserve the value of any matter the Property and the rights of record affecting the Trust EstateTrustee and Beneficiary with respect thereto.

Maintenance, Repair, Alterations. Trustor shall Tenant will, at its sole expense, keep and maintain the Premises and Improvements appurtenances in good and sanitary condition and repair; Trustor shall not remove, demolish or substantially alter repair during the term of this Agreement and any material portion renewal thereof. Without limiting the generality of the Improvements (other than foregoing, Tenant shall: a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; c) Not obstruct or cover the ordinary course windows or doors; d) Not leave windows or doors in an open position during any inclement weather; e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of constructing tenant improvementssame within any yard area or space; f) except Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; g) Keep all air conditioning filters clean and free from dirt; h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the Beneficiary purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or as may other substances to be required thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; l) Abide by and be bound by any law, ordinance, rule, regulation and all rules and regulations affecting the Premises or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner any Improvement common area appurtenant thereto which may be now adopted promulgated by the Condominium or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which may be damaged or destroyed from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not commit, suffer or permit any act to be done in or upon the Trust Estate in violation of any law, ordinance or regulation or of any matter of record affecting the Trust EstateHomeowners' Association having control over them.

Maintenance, Repair, Alterations. Trustor Grantor shall keep the Premises and Improvements Collateral in good condition and repair; Trustor Grantor shall not remove, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the Grantee's prior written consent; provided, however, that no such consent shall be required where such removal, demolition or substantial alteration either does not materially diminish the value of the Beneficiary affected Improvements or as may be required is followed by any lawprompt construction or delivery of replacement Improvements of equal or greater value to the Improvements removed, ordinance, rule, regulation demolished or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor substantially altered. Grantor shall complete promptly and in a good and workmanlike manner any Improvement Improvements which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which may be damaged or destroyed thereon from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor Grantor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate Collateral or any part thereof or requiring any alterations or improvements, PROVIDED, HOWEVER, that Grantor shall be entitled to contest in good faith such laws, ordinances, regulations, covenants, conditions and restrictions so long as the Premises are not subject to forfeiture and there is no risk of criminal liability to Grantor or Grantee; Trustor Grantor shall not commit or permit any waste or deterioration of the Trust EstateCollateral; Grantor shall comply with the provisions of any lease, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repairif this Security Deed is on a leasehold; and Trustor Grantor shall not commit, suffer or permit any act to be done in or upon the Trust Estate Premises in violation of any law, ordinance or regulation or of any matter of record affecting the Trust Estateregulation.

Maintenance, Repair, Alterations. Trustor shall keep keep, maintain, preserve and protect the Premises and Improvements Trust Estate in good condition repair, working order, and repair; condition, ordinary wear and tear excepted. Trustor shall not remove, demolish shall: (a) complete any Improvement that may now be or substantially alter any material portion of the Improvements (other than hereafter constructed in the ordinary course of constructing tenant improvements) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner manner; and (b) restore any Improvement which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which that may be damaged or destroyed from any cause whatsoever, to substantially the same condition as existing immediately before such damage or destruction and pay when due all claims for labor performed and materials furnished therefor; , in either case excepting any Improvements that Trustor shall does not initiate or acquiesce in any change reasonably consider to be material to the business of zoning or other land classification without Beneficiary’s prior written consent; Trustor. Trustor shall comply in all material respects with all laws, ordinances, regulations, covenants, conditions Requirements (as defined below) and restrictions now shall not suffer to occur or hereafter affecting the Trust Estate or exist any part thereof or requiring violation in any alterations or improvements; material respect of any Requirement. Trustor shall not commit or permit any waste or deterioration of the Trust Estate, and and, to the extent permitted by law or required by the MPR Agreement, shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas areas, etc. in good and neat order and repair; and . Trustor shall not commitperform in all material respects its obligations under each Lease and the CC&Rs, suffer if any. “Requirement” and “Requirements” mean, respectively, each and all obligations and requirements now or permit any act to be done hereafter in effect by which Trustor or upon the Trust Estate are bound or which are otherwise applicable to the Trust Estate, any work or activity necessary to preserve and maintain the Trust Estate, preserve or maintain mining, leasehold or other rights in violation the Trust Estate, any construction of any Improvements on the Trust Estate, or operation, occupancy or use of the Trust Estate (including (i) such obligations and requirements imposed by common law or any law, ordinance or statute, ordinance, regulation or rule (federal, state, or local), including any mining reports, filings, verifications of mining activity, etc. and (ii) such obligations and requirements of, in or in respect of (A) any matter of record affecting consent, authorization, license, permit or approval relating to the Trust Estate, (B) any condition, covenant, restriction, easement or right-of-way reservation applicable to the Trust Estate, (C) any lien or encumbrance, (D) any other agreement, document or instrument to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected (including the CC&Rs, if any, and the Other Agreements), and (E) any order, writ, judgment, injunction or award of any arbitrator, other private adjudicator, court, government or governmental authority (federal, state or local) to which Trustor is a party or by which Trustor or the Trust Estate is bound or affected).

Maintenance, Repair, Alterations. Trustor Trustor: (i) shall maintain, keep and preserve the Premises and Improvements Trust Estate in good condition and repair; Trustor shall not remove, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvementsii) except upon the prior written consent of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust Estate; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements which may be damaged or destroyed from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations alteration or improvementsimprovement to be made thereon or thereto, subject to Trustor's right to contest Impositions as defined in Subsection 1.08(a) of this Deed of Trust in accordance with the provisions of Subsection 1.08(d) hereof; Trustor (iii) shall not commit, suffer or permit any act to be done in, upon or to the Trust Estate or any part thereof in violation of any law, ordinance, rule, regulation or order; (iv) shall not commit or permit any waste or deterioration of the Trust Estate, and ; (v) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor (vi) will not take any action which, if taken (or fail to take any action, if not taken), would increase in any way the risk of fire or other hazard occurring to or affecting the Property or otherwise would impair the security of Beneficiary in the Trust Estate; (vii) shall not commit, suffer or permit any act to be done in or upon abandon the Trust Estate or any portion thereof or leave the Property unprotected, unguarded, vacant or deserted, provided, however, nothing in violation this clause (vii) shall require Trustor to protect or guard the Property more than a prudent operator would protect or guard property similar to the Property under the same or similar conditions; (viii) shall secure and maintain in full force and effect all permits necessary for the use, occupancy and operation of any law, ordinance or regulation or of any matter of record affecting the Trust Estate.; and

Maintenance, Repair, Alterations. Trustor shall keep maintain and preserve the Premises and Improvements Collateral in good condition and repairrepair and in a prudent and businesslike manner; Trustor Trustor, except upon the prior written consent of Beneficiary, shall not remove, demolish or substantially alter any material portion of the Improvements (Improvements, other than to make repairs in the ordinary course of constructing tenant improvements) except upon business of a non-structural nature which serve to preserve or increase the prior written consent value of the Beneficiary or as may be required by any law, ordinance, rule, regulation or order of any governmental authority or political subdivision having jurisdiction over the Trust EstatePremises; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and promptly restore in like manner any portion of the Improvements Improvement which may be damaged or destroyed thereon from any cause whatsoever, and pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, covenants, conditions conditions, restrictions and restrictions orders of any governmental authority now or hereafter affecting the Trust Estate conduct or operation of Trustor’s business or the Collateral or any part thereof or requiring any alterations alteration or improvementsimprovement to be made thereon; Trustor shall not commit, suffer or permit any act to be done in, upon or to the Collateral or any part thereof in violation of any such laws, ordinances, rules, regulations or orders, or any covenant, condition or restriction now or hereafter affecting the Premises; Trustor shall not commit or permit any waste or deterioration of the Trust EstateCollateral, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not committake (or fail to take) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to or affecting the Premises or which otherwise would impair the security of Beneficiary in the Collateral; Trustor shall comply with the provisions of all leases, if any, constituting a portion of the Collateral; Trustor shall not abandon the Collateral or any portion thereof or leave the Premises unprotected, unguarded, vacant or deserted; except as otherwise expressly permitted under the Loan Agreement and except for Permitted Encumbrances, Trustor shall not initiate, join in or consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the uses which may be made of the Premises by Trustor or by the owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in full force all permits necessary for the use, occupancy and operation of the Collateral; except as otherwise prohibited or restricted by the Loan Documents, or any of them, Trustor shall do any and all other acts which may be reasonably necessary to protect or preserve the value of the Collateral and the rights of Trustee and Beneficiary with respect thereto. Trustor and Additional Trustor hereby agree that Beneficiary may conduct from time to time, through representatives of its own choice, on-site inspections and observations of (1) the maintenance and repair of the Collateral, including a review of all maintenance and repair programs and practices and all reports and records, including the records of expenditures, relating thereto, and (2) such other facilities, practices and records of Trustor relating to the Premises as Beneficiary deems to be done necessary or appropriate in or upon order to monitor Trustor’s compliance with the Trust Estate in violation provisions of any law, ordinance or regulation or of any matter of record affecting the Trust Estatethis Section.

Maintenance, Repair, Alterations. Trustor shall keep maintain and preserve the Premises and Improvements Property in good condition and repair; Trustor shall not removeTrustor, demolish or substantially alter any material portion of the Improvements (other than in the ordinary course of constructing tenant improvements) except upon the prior written consent of Beneficiary, shall not remove, demolish or materially alter any of the Beneficiary Improvements, other than to make repairs in the ordinary course of business which serve to preserve or as may be required by any law, ordinance, rule, regulation or order increase the value of any governmental authority or political subdivision having jurisdiction over the Trust EstateProperty; Trustor shall complete promptly and in a good and workmanlike manner any Improvement which may be now or hereafter constructed on the Premises and Land, shall promptly restore in like manner any portion of the Improvements Improvement which may be damaged or destroyed thereon from any cause whatsoever, except as otherwise provided in the documents evidencing the secured obligations, and shall pay when due all claims for labor performed and materials furnished therefor; Trustor shall not initiate or acquiesce in any change of zoning or other land classification without Beneficiary’s prior written consent; Trustor shall comply in all material respects with all laws, ordinances, rules, regulations, orders, covenants, conditions conditions, restrictions and restrictions “Permitted Encumbrances” (as hereinafter defined) now or hereafter affecting the Trust Estate Property, or any part thereof thereof, or requiring the conduct or operation of Trustor’s business; Trustor shall not commit, suffer or permit any alterations act to be done in, upon or improvementsto all or any part of the Property in violation of any such laws, ordinances, rules, regulations, orders, covenants, conditions or Permitted Encumbrances now or hereafter affecting the Property; Trustor shall not commit or permit any waste or deterioration of the Trust EstateProperty, and shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair; and Trustor shall not committake (nor fail to take) any action, suffer which if taken (or permit not so taken) would increase in any act way the risk of fire or other hazard occurring to be done or affecting the Property or which otherwise would impair the security of Beneficiary in the Property; Trustor shall comply with the provisions of all leases, if any, constituting a portion of the Property; Trustor shall not abandon the Property or any portion thereof or leave the Property unprotected, unguarded, vacant or deserted; Trustor shall not initiate, join in or upon consent to any change in any zoning ordinance, general plan, specific plan, private restrictive covenant or other public or private restriction limiting the Trust Estate uses which may be made of the Property by Trustor or by the owner thereof without the prior written consent of Beneficiary; Trustor shall secure and maintain in violation full force and effect all permits necessary for the use, occupancy and operation of the Property; except as otherwise prohibited or restricted by the Agreement, the Note, the Regulatory Agreement, and any lawand all other instruments executed pursuant to the Agreement or in implementation thereof of or as evidence or security for the Agency Loan (“Agency Loan Documents”), ordinance Trustor shall do any and all other acts which may be reasonably necessary to protect or regulation or preserve the value of any matter the Property and the rights of record affecting the Trust EstateTrustee and Beneficiary with respect thereto.