Common use of Preservation and Maintenance of Mortgaged Property Clause in Contracts

Preservation and Maintenance of Mortgaged Property. With respect to the Mortgaged Property, Mortgagor covenants and agrees to keep, or cause to be kept, the same in good condition and repair, ordinary wear and tear excepted; subject to the provisions of the Loan Agreement, to pay, or cause to be paid, all taxes and assessments and other charges that may be levied or assessed upon the Mortgaged Property when they become due and payable; to pay, or cause to be paid, all debts for repair or improvements, now existing or hereafter arising, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements of any governmental authority relating to the Mortgaged Property; and, subject to paragraph 4 of this Mortgage, to repair, restore, replace or rebuild promptly any part of the Mortgaged Property which may be damaged by any casualty whatsoever or which may be affected by any condemnation proceeding or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do or permit to be done anything which will impair or weaken the security of this Mortgage; nor initiate, join in, or consent to any change in any private restrictive covenant, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property or any part thereof, without the prior written consent of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan Agreement.

Preservation and Maintenance of Mortgaged Property. With respect to Trustor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, ordinary wear and tear excepted; subject to the provisions shall not permit or commit any waste, impairment, or deterioration of the Loan Agreement, to payMortgaged Property, or cause to be paidcommit, all taxes and assessments and other charges that may be levied suffer or assessed permit any act upon or use of the Mortgaged Property when they become due and payable; to payin violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Trustor on or rebuild promptly with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the Mortgaged Property. Trustor shall underpin and support, when necessary, any building, structure or other improvement situated on the Mortgaged Property and shall not remove or demolish any building on the Mortgaged Property. Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged by or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any casualty whatsoever such completion, restoration or which may be affected by repair; provided, however, that Trustor shall not demolish, remove, expand or extend any condemnation proceeding building, structure or improvement on the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do Mortgaged Property, nor construct, restore, add to or alter any such building, structure or improvement, nor consent to or permit any of the foregoing to be done anything which will impair done, without in each case obtaining the prior written consent of Beneficiary thereto. If this Deed of Trust is on a condominium or weaken the security a cooperative apartment or planned development project, Trustor shall perform all of this Mortgage; nor initiate, join inTrustor's obligations under any applicable declaration of condominium or master deed, or consent any declaration of covenants, conditions and restrictions pertaining to any change in any private restrictive covenant, zoning ordinancesuch project, or any by-laws or regulations of the project or owners' association or constituent documents. Trustor shall not drill or extract or enter into any lease for the drilling for or extraction of oil, gas or other public hydrocarbon substances or private restrictions limiting any mineral of any kind or defining character on or from the uses which may Mortgaged Property or any part thereof without first obtaining Beneficiary's written consent. Unless required by applicable law or unless Beneficiary has otherwise first agreed in writing, Trustor shall not make or allow to be made any changes in the nature of the occupancy or use of the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on which the Mortgaged Property or any such part thereof, without was intended at the prior written consent time this Deed of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan AgreementTrust was delivered.

Preservation and Maintenance of Mortgaged Property. With respect to A. Grantor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, repair ordinary wear and tear excepted, and shall not permit or commit any waste material, impairment, or deterioration outside of the ordinary course of business of the Mortgaged Property, nor commit, suffer or permit any act upon or use of the Mortgaged Property in material violation of law or applicable order of any governmental authority, whether now existing or hereafter enacted and whether foreseen or unforeseen, or in material violation of any covenants, conditions or restrictions affecting the Mortgaged Property, or bring or keep any article upon any of the Real Property or cause or permit any condition to exist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to be maintained, by Grantor on or with respect to any part of the Mortgaged Property, and Grantor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Grantor shall underpin and support, when necessary under applicable laws, any building, structure or other improvement situated on the Real Property. Grantor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any such completion, restoration or repair; subject to provided, however, except as permitted under the provisions terms of the Loan Agreement, Grantor shall not demolish, remove, expand or extend any building, structure or improvement on the Real Property, nor construct, add to payor materially alter any such building, structure or cause improvement, nor consent to or permit any of the foregoing to be paiddone, all taxes and assessments and other charges that may be levied or assessed upon the Mortgaged Property when they become due and payable; to pay, or cause to be paid, all debts for repair or improvements, now existing or hereafter arising, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements of any governmental authority relating to the Mortgaged Property; and, subject to paragraph 4 of this Mortgage, to repair, restore, replace or rebuild promptly any part of the Mortgaged Property which may be damaged by any casualty whatsoever or which may be affected by any condemnation proceeding or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do or permit to be done anything which will impair or weaken the security of this Mortgage; nor initiate, join in, or consent to any change in any private restrictive covenant, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) without in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property or any part thereof, without obtaining the prior written consent of MortgageeBeneficiary thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Grantor’s expenditures of Rents of the Mortgaged Property for the foregoing purposes and for purposes of satisfying the other obligations described in each case other than Permitted Liens or this Deed of Trust, shall be limited as permitted pursuant to provided in the Loan Agreement. B. Grantor shall obtain and at all times shall keep in full force and effect and comply with all governmental permits and requirements as may be necessary under applicable law, whether now existing or hereafter created, to lawfully construct, own and operate the Mortgaged Property, including, without limiting the generality of the foregoing, all applicable environmental and zoning laws, ordinances and regulations and all certificates of occupancy or equivalent permits required for such portion of the Mortgaged Property and its occupancy. C. Except as disclosed to Beneficiary in writing in accordance with the Loan Agreement and in any environmental report delivered by Grantor to Beneficiary in connection with the closing of the indebtedness secured hereby, Grantor represents and warrants that Grantor has not, and, to the best of Grantor’s knowledge, no predecessor in title nor any third person at any time occupying or present on the Mortgaged Property has, at any time prior to or during the existence of the Obligations, used, generated, disposed of, discharged, stored, released or threatened the release of any Hazardous Substances (as hereinafter defined) on, from, under or affecting the Mortgaged Property in any manner that materially violates any federal, state or local environmental, health or safety laws, ordinances, regulations, or rules of common law regulating Hazardous Substances, including those governing the use, refinement, handling, treatment, removal, storage, production, manufacture, transportation or disposal of Hazardous Substances as such laws, ordinances, regulations, and rules may be in effect from time to time and be applicable to the Mortgaged Property (collectively, the “Environmental Laws”). D. Grantor further covenants that Grantor will not, nor shall Grantor permit any tenants or other occupants of the Mortgaged Property to, at any time in the future, use, generate, dispose of, discharge, store, release or threaten the release of any Hazardous Substances on, from, under or affecting the Mortgaged Property in any manner that materially violates any Environmental Law.

Preservation and Maintenance of Mortgaged Property. With respect to Trustor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, ordinary wear and tear excepted; subject to the provisions shall not permit or commit any waste, impairment, or deterioration of the Loan Agreement, to payMortgaged Property, or cause to be paidcommit, all taxes and assessments and other charges that may be levied suffer or assessed permit any act upon or use of the Mortgaged Property when they become due and payable; to payin violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Trustor on or rebuild promptly with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the Mortgaged Property. Trustor shall underpin and support, when necessary, any building, structure or other improvement situated on the Mortgaged Property and shall not remove or demolish any building on the Mortgaged Property. Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged by or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any casualty whatsoever such completion, restoration or which may be affected by repair; provided, however, that Trustor shall not demolish, remove, expand or extend any condemnation proceeding building, structure or improvement on the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do Mortgaged Property, nor construct, restore, add to or alter any such building, structure or improvement, nor consent to or permit any of the foregoing to be done anything which will impair done, without in each case obtaining the prior written consent of Beneficiary thereto. If this Deed of Trust is on a condominium or weaken the security a cooperative apartment or planned development project, Trustor shall perform all of this Mortgage; nor initiate, join inTrustor’s obligations under any applicable declaration of condominium or master deed, or consent any declaration of covenants, conditions and restrictions pertaining to any change in any private restrictive covenant, zoning ordinancesuch project, or any by-laws or regulations of the project or owners’ association or constituent documents. Trustor shall not drill or extract or enter into any lease for the drilling for or extraction of oil, gas or other public hydrocarbon substances or private restrictions limiting any mineral of any kind or defining character on or from the uses which may Mortgaged Property or any part thereof without first obtaining Beneficiary’s written consent. Unless required by applicable law or unless Beneficiary has otherwise first agreed in writing, Trustor shall not make or allow to be made any changes in the nature of the occupancy or use of the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on which the Mortgaged Property or any such part thereof, without was intended at the prior written consent time this Deed of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan AgreementTrust was delivered.

Preservation and Maintenance of Mortgaged Property. With respect to Trustor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, and shall not, except for ordinary wear and tear excepted; subject to the provisions tear, permit or commit any waste, impairment, or deterioration of the Loan Agreement, to payMortgaged Property, or cause to be paidcommit, all taxes and assessments and other charges that may be levied suffer or assessed permit any act upon or use of the Mortgaged Property when they become due and payable; to payin violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Trustor on or rebuild promptly with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Trustor shall underpin and support, when necessary, any building, structure or other improvement situated on the Mortgaged Property and shall not remove or demolish any building on the Mortgaged Property. Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged by or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any casualty whatsoever such completion, restoration or which may be affected by repair; provided, however, that Trustor shall not demolish or remove any condemnation proceeding building, structure or improvement on the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do Mortgaged Property, nor consent to or permit any of the foregoing to be done anything which will impair done, without in each case obtaining the prior written consent of Beneficiary thereto. Trustor shall notify Beneficiary immediately in writing of any damage to the Mortgaged Property in excess of $50,000.00. Trustor shall not drill or weaken extract or enter into any Lease for the security drilling for or extraction of this Mortgage; nor initiateoil, join in, or consent to any change in any private restrictive covenant, zoning ordinance, gas or other public hydrocarbon substances or private restrictions limiting any mineral of any kind or defining the uses which may be made of character on or from the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property or any part thereof, without the prior first obtaining Beneficiary’s written consent of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan Agreementconsent.

Preservation and Maintenance of Mortgaged Property. With respect to Trustor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, repair ordinary wear and tear excepted, and shall not permit or commit any waste material, impairment, or deterioration outside of the ordinary course of business of the Mortgaged Property, nor commit, suffer or permit any act upon or use of the Mortgaged Property in material violation of law or applicable order of any governmental authority, whether now existing or hereafter enacted and whether foreseen or unforeseen, or in material violation of any covenants, conditions or restrictions affecting the Mortgaged Property, or bring or keep any article upon any of the Real Property or cause or permit any condition to exist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to be maintained, by Trustor on or with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Trustor shall underpin and support, when necessary under applicable laws, any building, structure or other improvement situated on the Real Property. Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any such completion, restoration or repair; subject to provided, however, except as permitted under the provisions terms of the Loan Agreement, Trustor shall not demolish, remove, expand or extend any building, structure or improvement on the Real Property, nor construct, add to payor materially alter any such building, structure or cause improvement, nor consent to or permit any of the foregoing to be paiddone, all taxes and assessments and other charges that may be levied or assessed upon the Mortgaged Property when they become due and payable; to pay, or cause to be paid, all debts for repair or improvements, now existing or hereafter arising, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements of any governmental authority relating to the Mortgaged Property; and, subject to paragraph 4 of this Mortgage, to repair, restore, replace or rebuild promptly any part of the Mortgaged Property which may be damaged by any casualty whatsoever or which may be affected by any condemnation proceeding or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do or permit to be done anything which will impair or weaken the security of this Mortgage; nor initiate, join in, or consent to any change in any private restrictive covenant, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) without in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property or any part thereof, without obtaining the prior written consent of MortgageeBeneficiary thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Trustor’s expenditures of Rents of the Mortgaged Property for the foregoing purposes and for purposes of satisfying the other obligations described in each case other than Permitted Liens or this Deed of Trust, shall be limited as permitted pursuant to provided in the Loan Agreement. Trustor shall obtain and at all times shall keep in full force and effect and comply with all governmental permits and requirements as may be necessary under applicable law, whether now existing or hereafter created, to lawfully construct, own and operate the Mortgaged Property, including, without limiting the generality of the foregoing, all applicable environmental and zoning laws, ordinances and regulations and all certificates of occupancy or equivalent permits required for such portion of the Mortgaged Property and its occupancy. Except as disclosed to Beneficiary in writing in accordance with the Loan Agreement and in any environmental report delivered by Trustor to Beneficiary in connection with the closing of the indebtedness secured hereby, Trustor represents and warrants that Trustor has not, and, to the best of Trustor’s knowledge, no predecessor in title nor any third person at any time occupying or present on the Mortgaged Property has, at any time prior to or during the existence of the Obligations, used, generated, disposed of, discharged, stored, released or threatened the release of any Hazardous Substances (as hereinafter defined) on, from, under or affecting the Mortgaged Property in any manner that materially violates any federal, state or local environmental, health or safety laws, ordinances, regulations, or rules of common law regulating Hazardous Substances, including those governing the use, refinement, handling, treatment, removal, storage, production, manufacture, transportation or disposal of Hazardous Substances as such laws, ordinances, regulations, and rules may be in effect from time to time and be applicable to the Mortgaged Property (collectively, the “Environmental Laws”). Trustor further covenants that Trustor will not, nor shall Trustor permit any tenants or other occupants of the Mortgaged Property to, at any time in the future, use, generate, dispose of, discharge, store, release or threaten the release of any Hazardous Substances on, from, under or affecting the Mortgaged Property in any manner that materially violates any Environmental Law.

Preservation and Maintenance of Mortgaged Property. With respect to a. Borrower shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, ordinary wear and tear excepted; subject to the provisions shall not permit or commit any waste, impairment, or deterioration of the Loan AgreementMortgaged Property, to paynor commit, suffer or cause to be paid, all taxes and assessments and other charges that may be levied permit any act upon or assessed upon use of the Mortgaged Property when they become due and payable; to payin violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Borrower on or rebuild promptly with respect to any part of the Mortgaged Property, and further shall do all other acts which from the character or use of the Mortgaged Property which may be damaged by any casualty whatsoever or which may be affected by any condemnation proceeding or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do or permit reasonably necessary to be done anything which will impair or weaken protect the security hereof, the specific enumerations herein not excluding the general. Borrower shall not construct any building or structure on the Mortgaged Property without obtaining the prior written consent of this Mortgage; nor initiateLender. Borrower shall promptly notify Lender in writing of any damage to the Mortgaged Property in excess of Ten Thousand ($10,000.00). b. To the extent the Mortgaged Property is used to grow vines, join intrees, plants, grass or consent to ground cover, Borrower shall manage the same using good and proper practices of husbandry, and shall keep all vines, trees, plants, grass, and ground cover on said Mortgaged Property properly cultivated, irrigated, fertilized, sprayed, fumigated and maintained, and further shall replace promptly all dead or unproductive vines, trees, plants, grass and ground cover with new ones and keep all buildings, fences, ditches, canals, xxxxx and other farming structures, improvements and equipment on the Mortgaged Property in good operating condition, order and repair. c. Borrower shall not drill or extract or enter into any change in any private restrictive covenantlease for the drilling for or extraction of oil, zoning ordinance, gas or other public hydrocarbon substances or private restrictions limiting any mineral of any kind or defining the uses which may be made of character on or from the Mortgaged Property or any part thereof except without first obtaining Xxxxxx’s written consent. d. Except as allowed under Sections 7.1 set forth herein, Borrower shall not initiate or acquiesce in any change in any zoning or other land use classification now or hereafter in effect and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on affecting the Mortgaged Property or any part thereof, thereof without the in each case obtaining Xxxxxx’s prior written consent of Mortgagee, in each case other than Permitted Liens which consent shall not be unreasonably withheld or as permitted pursuant delayed. Lender acknowledges that Borrower may submit applications to the Loan Agreementcounty/municipality in which the Mortgaged Property is located in order to rezone the Land, obtain one or more preliminary and final subdivision plats of the Land (which may entail the granting or creation of access and/or utility easements), and/or entering into a development/annexation agreement with such county/municipality. Lender shall reasonably cooperate in connection therewith (at no expense to Lender) and shall not unreasonably withhold, delay or condition any consent or approval thereof required by the county/municipality. e. As to environmental matters, the provisions of the Environmental Indemnity Agreement are hereby incorporated by reference into this Deed of Trust to the same extent and with the same force as if fully set forth herein.

Preservation and Maintenance of Mortgaged Property. With respect to the Mortgaged Property, Mortgagor covenants and agrees to keep, Borrower: (a) shall not commit waste or cause to be kept, the same in good condition and repair, ordinary wear and tear excepted; subject to the provisions permit impairment or deterioration of the Loan Agreement, to pay, or cause to be paid, all taxes and assessments and other charges that may be levied or assessed upon the Mortgaged Property when they become due and payable; to pay, or cause to be paid, all debts for repair or improvements, now existing or hereafter arising, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements of any governmental authority relating to shall not abandon the Mortgaged Property; and(b) shall reconstruct, subject to paragraph 4 of this Mortgage, to restore or repair, restoreor shall cause the Operator to reconstruct, replace restore or rebuild repair, promptly and in a good and workmanlike manner all or any part of the Mortgaged Property which to the equivalent of its original condition, or such other condition as Agent may be damaged by any casualty whatsoever or which may be affected by any condemnation proceeding or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will approve in writing (such approval not do or permit to be done anything which will impair unreasonably withheld), in the event of any damage, injury or weaken loss thereto, whether or not insurance proceeds or condemnation awards or damages are available or adequate to cover, in whole or in part, the security costs of this Mortgagesuch reconstruction, restoration or repair; nor initiate, join in(c) shall keep, or consent shall cause the Operator to any change in any private restrictive covenantkeep, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made of the Mortgaged Property in good order, condition and repair and shall replace, or any part thereof except as allowed under Sections 7.1 cause the Operator to replace, fixtures, equipment, machinery and 13 of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain appliances on the Mortgaged Property when necessary to keep such items in good repair, and will make or cause to be made, as and when the same shall become necessary, all structural and nonstructural, interior and exterior, ordinary and extraordinary, foreseen and unforeseen repairs, replacements and renewals necessary to that end; (d) shall comply, or shall cause the Operator to comply, in all material respects with all zoning, building, health and environmental laws, ordinances and regulations, and all other laws, regulations and requirements of any part thereofgovernmental body or agency (whether federal, state or local) having jurisdiction over the Borrower, the Mortgaged Property, or the use and occupancy thereof by Borrower or the Operator; (e) shall comply, or shall cause the Operator to comply, in all material respects with all covenants, restrictions and agreements affecting the Mortgaged Property; and (f) shall generally operate and maintain the Mortgaged Property in a manner to insure maximum income. Neither Borrower nor any other person shall remove, demolish or alter any improvement now existing or hereafter erected on the Mortgaged Property without the prior written consent of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan AgreementAgent.

Preservation and Maintenance of Mortgaged Property. With respect to Trustor shall keep the Mortgaged Property, Mortgagor covenants Property and agrees to keep, or cause to be kept, the same every part thereof in good condition and repair, and shall not, except for ordinary wear and tear excepted; subject to the provisions tear, permit or commit any waste, impairment, or deterioration of the Loan Agreement, to payMortgaged Property, or cause to be paidcommit, all taxes and assessments and other charges that may be levied suffer or assessed permit any act upon or use of the Mortgaged Property when they become due and payable; to payin material violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon which would be prohibited by or could invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Trustor on or rebuild promptly with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts which from the character or use of the Mortgaged Property may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Trustor shall underpin and support, when necessary, any building, structure or other improvement situated on the Mortgaged Property and shall not remove or demolish any building on the Mortgaged Property. Except as otherwise provided in the Credit Agreement, Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement which may be constructed, damaged by or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any casualty whatsoever such completion, restoration or which may be affected by repair; provided, however, that Trustor shall not demolish, remove, expand or extend any condemnation proceeding building, structure or improvement on the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do Mortgaged Property, nor construct, restore, add to or alter any such building, structure or improvement, nor consent to or permit any of the foregoing to be done anything which will impair done, without in each case obtaining the prior written consent of Beneficiary thereto. Trustor shall notify Beneficiary immediately in writing of any damage to the Mortgaged Property in excess of $100,000.00. Trustor shall not drill or weaken extract or enter into any lease for the security drilling for or extraction of this Mortgage; nor initiateoil, join in, or consent to any change in any private restrictive covenant, zoning ordinance, gas or other public hydrocarbon substances or private restrictions limiting any mineral of any kind or defining the uses which may be made of character on or from the Mortgaged Property or any part thereof except as allowed under Sections 7.1 without first obtaining Beneficiary's written consent. Trustor shall faithfully abide by, perform and 13 of the Loan Agreement discharge in all material respects each and as may be necessary every obligation, covenant, requirement, or condition with respect to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property Property, or any part portion thereof, without the prior written consent of Mortgagee, in each case other than Permitted Liens or as permitted pursuant to the Loan Agreement.

Preservation and Maintenance of Mortgaged Property. With respect to A. Trustor shall keep the Mortgaged Property and every part thereof in good condition and repair and shall not permit or commit any waste, impairment, or deterioration of the Mortgaged Property, Mortgagor covenants and agrees to keepnor commit, suffer or cause to be kept, the same in good condition and repair, ordinary wear and tear excepted; subject to the provisions permit any act upon or use of the Loan Agreement, to pay, or cause to be paid, all taxes and assessments and other charges that may be levied or assessed upon the Mortgaged Property when they become due and payable; to payin violation of law or applicable order of any governmental authority, or cause to be paid, all debts for repair or improvements, whether now existing or hereafter arisingenacted and whether foreseen or unforeseen, that may become liens upon or charges against the same; subject to the provisions of the Loan Agreement, to comply with or cause to be complied with all requirements in violation of any governmental authority relating to covenants, conditions or restrictions affecting the Mortgaged Property; and, subject or bring or keep any article upon any of the Mortgaged Property or cause or permit any condition to paragraph 4 of this Mortgageexist thereon that would be prohibited by or would invalidate any insurance coverage maintained, or required hereunder to repairbe maintained, restore, replace by Trustor on or rebuild promptly with respect to any part of the Mortgaged Property, and Trustor further shall do all other acts that from the character or use of the Mortgaged Property which may be reasonably necessary to protect the security hereof, the specific enumerations herein not excluding the general. Trustor shall underpin and support, when necessary, any building, structure or other improvement situated on the Mortgaged Property. Trustor shall complete or restore and repair promptly and in a good workmanlike manner any building, structure or improvement that may be constructed, damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, whether or not insurance or other proceeds are available to cover in whole or in part the costs of any such completion, restoration or repair; provided, that Trustor shall not demolish, remove, expand or extend any building, structure or improvement on the Mortgaged Property, nor construct, restore, add to or alter any such building, structure or improvement, nor consent to or permit any of the foregoing to be done, without in each case obtaining the prior written consent of Beneficiary thereto. B. Trustor shall obtain and at all times shall keep in full force and effect and comply with all governmental permits and requirements as may be necessary under applicable law, whether now existing or hereafter created, to lawfully construct, own and operate the Mortgaged Property, including all applicable environmental and zoning laws, ordinances and regulations and all certificates of occupancy or equivalent permits required for such portion of the Mortgaged Property and its occupancy. C. Trustor shall not use, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Mortgaged Property or transport to or from the Mortgaged Property any Hazardous Substance or allow any other person or entity to do so except in minor amounts under conditions permitted by applicable laws. Trustor shall keep and maintain the Mortgaged Property in compliance with, and shall not cause or permit the Mortgaged Property to be in violation of, any Environmental Law. Trustor shall give prompt, written notice to Beneficiary of (a) any proceeding or inquiry by any casualty whatsoever governmental authority with respect to the presence of any Hazardous Substance on the Mortgaged Property or which may be affected the migration thereof from or to other Mortgaged Property; (b) all claims made or threatened by any condemnation proceeding third party against Trustor or the exercise of eminent domain. Mortgagor further covenants and agrees that the Mortgagor will not do or permit to be done anything which will impair or weaken the security of this Mortgage; nor initiate, join in, or consent Mortgaged Property relating to any change loss or injury resulting from Hazardous Substance; and (c) Trustor's discovery of any occurrence or condition on any property adjoining or in any private restrictive covenant, zoning ordinance, or other public or private restrictions limiting or defining the uses which may be made vicinity of the Mortgaged Property that could cause the Mortgaged Property or any part thereof except as allowed under Sections 7.1 and 13 to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Loan Agreement and as may be necessary to obtain the Final Plat (defined in the Loan Agreement) in each case other than the Permitted Liens. Except for a second lien for the benefit of an entity affiliated with Mortgagor, Mortgagor further covenants and agrees not to create, permit or suffer to exist any mortgage, security interest, lien or encumbrances of any kind or character to accrue or remain on the Mortgaged Property under any Environmental Law, or to be otherwise subject to any part thereofrestrictions on the ownership, occupancy, transferability or use of the Property under any Environmental Law. Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated with respect to the Mortgaged Property in connection with any Environmental Law and have its attorneys' fees in connection therewith paid by Trustor. Trustor shall protect, indemnify and hold harmless Beneficiary, its directors, officers, employees, agents, successors and assigns, from and against any and all loss, damage, cost, expense or liability (including attorneys' fees and costs) directly or indirectly arising out of or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of a Hazardous Substance on, under or about the Mortgaged Property including, without limitation (a) all foreseeable consequential damages; (b) the prior written consent costs of Mortgageeany required or necessary repair, in each case other than Permitted Liens clean-up or as permitted pursuant to detoxification of the Loan Agreement.Mortgaged Property; and (